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CELEBRATED TRIALS
OF ALL COUNTRIES,
REMARKABLE CASES OF CRIMINAL
JURISPRUDENCE.
SELECTED BY
A MEMBER OF THE PHILADELPHIA BAR.
"The Annals of Criminal Jurisprudence exhibit human nature in a variety of positions, at
once the most striking, interesting, and affecting. They present tragedies of real life, often
heiglitened in their effect bythe grossnessof the injustice, and themalignity of the prejudices
which accompanied them. At the same time real culprits, as original characters, stand
forward on the canvas of humanity as prominent objects for our special study. I have
often wondered that the English language contains no book like the Causes Celehres of the
French, particularly as the openness of our proceedings renders the records more certain
and accessible, while our public history and domestic conflicts have afforded so many splen-
did examples of the unfortunate and the guilty. Such a collection, drawn from our own
national sources, and varied by references to cases of the continental nations, would exhibit
man as he is in action and principal, and not as he is usually dravro by poets and speculative
philosophers." Burke.
||i)ilaTrclpl)ia:
E. L. CAREY AND A. HART,
AND FOR SALE BT ALL BOOKSELLERS.
18 35.
Entered according to Act of Congress, in the year 1835,
By E. L. Carey and ./?. Hart,
in the Clerk's Office of the District Court of the Eastern District of Pennsylvania.
STEREOTYPEIJ BY L. JOHNSON, (^'
PHILADELPHIA.
PREFACE.
The following remarkable and deeply interesting trials have
been collected from all the best sources which the public and
private libraries of this country afford ; the volume embraces
many recent cases furnished exclusively by the London Annual
Register, and recourse has been had occasionally to manuscripts
where printed documents could not be procured.
It is believed that the collection supplies a striking deficiency
in the library of the lawyer, physician, and general reader.
Much care and caution have been exercised in the compilation, to
make it not only an acceptable but a necessary adjunct to the
books already accessible, and the reader is confidently referred
to the table of contents for the evidence of the variety and value
of the materials.
Should this work meet with public approbation, it is the
design of the publishers to issue other volumes in succession, for
which the most ample matter has been accumulated ; to this end
many distinguished jurists have voluntarily offered to contribute
the most remarkable cases which have come under their observa-
tion. The present may therefore be considered an avant courier
of much that deeply concerns the American reader. No expense
will be spared in completing a design having for its object the
preservation of separate trials, which, by being scattered in every
possible shape, are too often entirely lost, or of difficult access,
though eminently curious and worthy of being preserved from
oblivion.
^., It .would be unnece^iy to detain The r^er fiirtherNTiarJv^^i
remark, that this collection wilT^hot only be useful to the" irfew^**''
\ beM^f the learned professions, the general reader, and to those
whose misfortune it may be to fall under criminal prosecution,
but in many instances it illustrates history ; and to quote an
observation of an eminent practitioner at the bar, who says —
* " Since it is observable that the best and bravest of mankind are
far from being exempted from liability^'o criminal prosecutions,
and that potent malice or prevailing faction have too often
attempted the most consummate merit ; that learning which
shows how life, honour, and innocence are to be defended, when
they shall happen to be injuriously attacked, will not be con-
sidered inferior to that which instructs us how to defend our less
important rights."
CONTENTS.
Pas'!
1. — ^John Thurtell and Joseph Hunt, for the Murder of William Ware, at
Hertford, January, 1824 5
3.— Henry Fauntleroy, Esq., for Forgery, at the Old Bailey, October 30, 1824. 19
3. — Anna Schonleben (Germany), for Poisoning, 1808 33
4.— John Doeke Rouvelett, for Forgery, 1806 37
5. — John Holloway and Owen Haggerty, for the Murder of John Cole Steele,
on Hounslow-heath, February 22, 1807 49
6. — The unknown Murderer, or the Police at fault (Germany), 1817 43
7.— Thomas Simmons, for Murder, October 20, 1807 57
8. — Major Alexander Campbell, for the Murder of Captain Alexander Boyd,
at Armagh, in a Duel, 1807 59
9.— James Stuart, for the Murder of Sir Alexander Boswell, 1822 63
lO.—Martha Alden, for Murder, 1807 70
11. — Francis S. Riembauer, for Assassination, 1805 73
12. — Eliza Penning, for an Attempt to poison Mr. Olibar Turner and Family,
April 11,1815 82
13. — William Jones, for Murder 90
14._Abraham Thornton, for the Murder of Mary Ashford, 1817 97
15. — Castaing, the Physician, for Murder, at Paris, November, 1817 106
16, — John Donellan, Esq., for the Murder of Sir Theodosius Edward AUesly
Boughton ; before the Hon. Sir Francis Buller, 1781 Ill
17._Sir Walter Raleigh, for High-treason, in the reign of James I., A.D. 1602. 180
18. — James O'Coigley, Arthur O'Connor, John Binns, John Allen, and Jere-
miah Leary, for High-treason ; at Maidstone, 1798 210
19.— Miss Ann Broadric, for the Murder of Mr. Errington, 1795 212
20.— William Corder, for the Murder of Maria Marten, 1827 215
2i._WilliamCodUn,for Scuttling a ship, 1802 225
22. — Joseph Wall, for the Murder of Benjamin Armstrong, at Goree, 1802. . . 228
23. — Vice-admiral Byng, for Neglect of Duty ; at a Court-martial, held on
board his Majesty's Ship the St. George, in Portsmouth harbour, 1757. 235
24. — Richard Savage, the poet, James Gregory, and William Merchant, for the
Murderof James Sinclair, 1727 242
25.— Admiral Keppel, for Neglect of Duty, July, 1778, at a Court-martial 246
26.— Sir Hugh Palliser, Vice-admiral of the Blue, for Neglect of Duty, 1779. . 273
27.— Sarah Metyard and Sarah M. Metyard, for Murder, 1768 280
28. — John Bishop, Thomas Williams, and James May, for the Murder of
Charles Ferriar, 1831 282
CONTENTS.
Page
29. — Sawney Cunningham, executed at Leith, 1635, for Murder 297
30. — Sarah Malcohu, for the Murder of Ann Price, 1733 307
31. — Joseph Baretti, for the Murder of Evan Morgan, 1769 321
32.— Mungo Campbell, for Murder, 1721 324
33. — Lucretia Chapman, for the Murder of William Chapman, late of Bucks
County, Pennsylvania, 1832 32?
34, — Lino Amalio Espos y Mina, for the murder of William Chapman, at the
same Court, 1832 403
^5. — John Hatfield, for Forgery, 1803 411
36. — Trial by Combat, between Henry Plantagenet, duke of Hereford and
Lancaster, and afterwards King of England by the title of Henry IV.,
and Thomas Mowbray, Duke of Norfolk, Earl-marshal of England, 1397. 415
37. — Captain John Gow and others, for Piracy, 1729 418
38.— William Burke and Helen McDougal, for Murder, 1828 424
39. — Charles Macklin (the author), for the Murder of Thomas Hallam, May,
1735 .". 441
40. — Mary Young, alias Jenny Diver, for privately Stealing, 1740 443
41. — George Henderson and Margaret Nisbet, for forging a Bill on the Dutchess
of Gordon, 1 726 445
42. — John Chisle, of Dairy, for the Murder of the Right Hon. Sir George Lock-
hart, of Carnwith, Lord-president of the Court of Session, and Member
of his Majesty's Privy Council, 1689 451
43. — William Henry, Dulie of Cumberland, for Adultery with Lady Grosvenor,
1770 453
44. — "Robert and Daniel Perreau, for Forgery, 1775 459
45. — Margaret Caroline Rudd, for Forgery, 1775 464
46.— Henry White, Jr., for a Libel on the Duke of Cumberland, 1813 465
47. — Philip Nicholson, for the Murder of Mr. and Mrs. Bonar, at Maidstone,
1813 467
48. — Mr. William Cobbett, for Libel, in the Court of King's Bench, 1810 474
49. — John Bellingliam, Esq., for the Murder of the Right Hon. Spencer Perce-
val, Chancellor of the Exchequer, in the Lobby of the House of Com-
mons, May 11, 1811 481
50. — Mary Stone, for Child Murder, preferred by her Sister, at Surrey Assizes,
1817 488
51. — Arthur Thistlewood, James Ings, and others, for High-treason, ai the
Old Bailey, 1820 490
52.— Thomas, Earl of Strafford, for High-treason, 1643 507
Trial of the Rebels, in 1745 ;
53. — Lords Kilmarnock, Cromartie, Balmerino, and Lovat 524
54.— Charles Ratcliffe, Esq 529
55. — Townley and Dawson 530
56.— Fletcher and Syddall 531
57. — Dr. Cameron 533
58. — Rob Roy Macgregor, and other Macgregors, 1 700 to 1746 535
59. — Alexis Petrowitz Czarowitz, presumptive Heir to the Crown of Russia, con-
demned to Death bv his Father, 1715 542
COJVTENTS.
Pige
60.— Joseph Hunton, a Quaker, for Forgery, 1828 547
His Execution 65 1
6 1 . — Captain William Kidd, for Murder and Piracy, 1 70 1 553
62.— Remarkable Case of Witchcraft, before Sir Matthew Hale, 1662 554
63.— The Salein Witches 564
Sufferers for pretended Witchcraft in Scotland: —
64. — Alison Pearson 565
65.— Janet Grant and Janet Clark, 1588 666
66. — John Cunningham, 1590 ib.
67. — Agnes Sampson, 1591 ib.
68.— John Fien, 1591 558
69.— Euphan M'Calzene, 1591 ib.
70, — Patrick Lawrie, 1605 569
71. — Margaret Wallace, 1620 ib.
72.— Isobel Young, 1629 570
73. — Alexander Hamilton, 1630 ib.
74.— John Ne il, 1630 571
75. — Janet Brown and others, 1640 ib,
76. — The Samuelston Witches — Isobel Elliot, and nine other women, 1678, . , 573
77. — Impostor of Barragan, 1696 ib,
78. — Trial by Combat, between Sir John Annesley, Knight, and Thomas
Katrington, Esq., 1380 575
79. — James George Lisle, alias Major Semple, for Stealing, 1795 576
80. — Queen Emma, Trial by Fire-ordeal 578
81. — John Home Tooke, for High-treason, 1794 580
82. — Joseph Thompson Hare, for Mail-robbery in Virginia, 1818 586
83.— Richard Carlile, for a Libel, 1819 594
CIRCUMSTANTIAL EVIDENCE,
84. — J onathan Bradford 587
85. — James Crow 588
86.-— John Jennings 589
87. — Thomas Harris 591
88.— William Shaw 593
CELEBRATED TRIALS.
JOHN THURTELL AND JOSEPH HUNT,
FOR THE MURDER OF WILLIAM WEARE, AT HERTFORD, JANUARY, 1824.
No case of secret murder ever perhaps created in England so great an inte-
rest as this. It was so deliberately planned, and the parties, well known in
certain circles, were of respectable connexions and good education. Thurtell
was the unworthy son of an alderman of Norwicb ; Probert, one accomplice,
lived genteelly, and was respectably connected ; and Hunt, a singer by profes-
sion, seemed unlikely to engage in such atrocity.
Thurtell was dressed in a plum-coloured frock coat, v^^ith a drab waistcoat
and gilt buttons, and white corded breeches. His neck had a black stock on,
which fitted as usual stiffly up to the bottom of the cheek and the end of the
chin, and which therefore pushed forward the flesh on this part of the face
so as to give an additionally sullen weight to the countenance. The lower part
of the face was unusually large, muscular, and heavy, and appeared to hang
like a load to the head, and to make it drop like the mastiff's jowl. The
upper lip was long and large, and the mouth had a severe and dogged appear-
ance. His nose was rather small for such a face, but it was not badly
shaped : his eyes too were small and buried deep under his protruding
forehead, so indeed as to defy detection of their colour. The forehead was
extremely strong, bony, and knotted ; — and the eyebrows were forcibly
marked, though irregular — that over the right eye being nearly straight, and
that on the left turning up to a point, so as to give a very painful expression
to the whole face. His hair was a good lightish brown, and not worn after
any fashion. His frame was exceedingly well knit and athletic.
The deceased was a man addicted to play, and connected with gaming^
houses. Thurtell had been his acquaintance, and in some practices of play,
had been wronged by him of a large sum of money. The other prisoner.
Hunt, was a public singer, and also known to VV'eare, but not in habits of
friendship. Probert, who was admitted as an evidence, had been in trade as
a spirit dealer, and rented a cottage in Giirs-hill-lane, situated in a by-lane,
going out of the London road to St. Albans, and two or three miles beyond
Elstree. Probert was himself much engaged in London, and his wife gene-
rally resided at the cottage, which was fully occupied in the accommodation
of Mrs. Probert, her sister, (Miss Noyes,) some children of Thomas Thur-
tell's, (the prisoner's brother,) and a maid and boy servant. The deceased
had been invited by John Thurtell, to this place, to partake a day or two's
shooting; and he met the deceased at a billiard-room, kept by one Rexwor-
thy, on the Thursday night previous to the murder, and they were joined there
by Hunt. On the forenoon of Friday, October 24, the deceased was with
Rexworthy at the same place, and said he was going for a day's shooting into
the country. Weare went from the billiard-rooms, between three and four
o'clock, to his chambers in Lyon's Lin, where he packed, in a green carpet
bag, some clothes, and a change of linen. He also took with him a double-
barrelled gun, and a backgammon board, dice, &c. He left his chambers in a
hackney coach before four o'clock, and drove to th-: New-road, where he
went out of the coach and returned after some time, accompanied by another
person, and took his things away.
In the morning two men, answering to the description of John Thurtell and
A 2 5
«9
6 THURTELL AND HUNT,
Hunt, went to a pawnbroker's in Mary-le-bone, and purchased a pair of pocket-
pistols. And in the middle of the day, Hunt hired a gig, afterwards a horse,
and procured a sack and cord. They met the same afternoon, at Tetsall's, in
(Conduit-street, Thomas Thurtell and Noyes ; and Hunt was heard to ask Pro-
bert, if he " would be in it," — meanino- what they (Hunt and .Tohn Thurtell)
were about. Thurtell drove off from Tetsal's between four and five o'clock
to take up a friend, as he said to Probert, " to be killed as he travelled with
him ;" an expression which Probert said at the time he believed to have been
a piece of idle bravado. He requested Probert to bring- down Hunt in his
own gig. Probert, according to Thurtell's request, drove Hunt down in his
gig, and, having a better horse, on the road they passed Thurtell and Weare
in the gig. They stopped afterwards at a public-house to drink grog, and at
Phillimore-lodge, Hunt got out, as he said, by Thurtell's desire, to wait
for him. Probert from thence drove along to Gill's-hill cottage, in the
lane near which he met Thurtell, on foot alone. He said he had done the
business without his assistance, and had killed his inan, and, at his desire,
Probert returned to bring Hunt to the spot. When Thurtell rebuked Hunt for
his absence ; " Why, (said the latter,) you had the tools." — " They were
no good," replied Thurtell ; " the pistols were no better than pop-guns. 1
fired at his cheek, and it glanced off" — that Weare ran out of the gig,
cried for mercy, and offered to return the money he had won of him —
that he (Thurtell) pursued him up the lane when he jumped out of the gig.
Finding the pistol unavailing, he atttempted to reach him b}^ cutting the pen-
knife across his throat, and ultimately finished him by driving the barrel of
the pistol into his head, and turning it in his brains, after he had penetrated
the forehead. Five minutes after that period, certain persons, who happened
to be in the road, distinctly heard the report of a gun or pistol, which was fol-
lowed by voices as if in contention. Violent groans were next heard, which
became fainter and fainter, then died away altogether. Thurtell arrived at
about nine o'clock in the evening at Probert's cottage, having set off from
Conduit-street at five o'clock ; and he arrived at the cottage, having in his
possession the double-barrelled gun, the green carpet bag, and the backgam-
mon-board, which Mr. Weare took with^ him. Neither Thurtell nor Hunt
was expected by INIrs. Probert. With Thurtell she was acquainted; but
Hunt was a stranger, and was formally introduced to her. They then supped
on some pork chops, which Hunt had brought with him from London. They
then went out, as Probert said, to visit Mr. NichoUs, a neighbour of his; but
their real object was to go down to the place where the body of Weare was
deposited. Thurtell took them to the spot down the lane, and the body was
dragged through the hedge into the adjoining field. The body was then en-
closed in the slick bought by Hunt. They then effectually rifled the deceased
man, Thurtell having informed his companions, that he had, in the first in-
stance, taken part of the property. They then went back to the cottage.
Tn the course of the evening Thurtell produced a gold watch, without a
chain, which occasioned several remarks. He also displayed a gold curb
chain, which might be used for a watch, when doubled ; or, when singled,
might be worn round a lady's neck. On producing the chain it was remark-
ed that it was more fit for a lady than a gentleman ; on which Thurtell pressed
it on Mrs. Probert, and made her accept it, by putting it round her neck. An
offer was afterwards made that a bed should be given to Thurtell and Hunt,
which was to be accomplished by Miss Noyes giving up her bed, and sleep-
ing with the children. This was refused, Thurtell and Hunt observing that
they would rather sit up. Something, however, occurred, which raised sus-
picion in the mind of Mrs. Probert. In consequence she did not goto bed,
or undress herself. She went to the window and looked out, and saw that
Probert, Hunt, and Thurtell were in the garden. They went down to the
body, and finding it too heavy to be removed, one of the horses was taken
*'rom the stable. ° The body was then thrown across the horse ; and stones
FOR MURDER. ' """ 2
having been put into the sack, the body with the sack was thrown into the
pond. Mrs. Probert distinctly saw something heavy drawn across the garden
where Thurtell was, and her fears and suspicions being powerfully excited, she
went down stairs and listened behind the parlour door. The parties now proceed-
ed to share the booty ; to the amount of 6/. each. The purse, the pocket-book,
and certain papers which might lead to detection, were carefully burned. They
remained up late ; and Probert, when he went to bed, was surprised to find that
his wife was not asleep. Hunt and Thurtell still continued to sit up in the par-
lour. The next morning, as early as six o'clock. Hunt and Thurtell were both
seen out, and in the lane together. Some men who were at work there observed
them "grabbling" for something in the hedge. Thurtell observed, "that it
was a very bad road, and that he had nearly been capsized there last night."
Thinking something might have been lost on the spot, they searched after
Hunt and Thurtell were gone. In one place, they found a quantity of blood,
further on they discovered a bloody knife, and next they found a bloody pis-
tol— one of the identical pair that were purchased by Hunt, and it bore marks
of blood and brains. The spot was afterwards still further examined, and
more blood was discovered, which had been concealed by branches and
leaves, so that no doubt could be entertained that a murder had been commit-
ted. On the following morning, Saturday, the 25th of October, Thurtell and
Hunt left Probert's cottage in the gig which Hunt had come down in, carry-
ing away with them the gun, the carpet bag, and the backgammon-board,
belonging to Mr. Weare ; and these articles were taken to Hunt's lodgings,
where they were afterwards found. When Hunt arrived in town on Saturday,
he appeared to be unusually gay. He said, " We Turpin lads can do the
trick. I am able to drink wine now, and I will drink nothing but wine." It
was observed, that Thurtell's hands were very much scratched, and some
remark having been made on the subject, he stated, " that they had been out
netting partridges."
On Sunday, John Thurtell, Thomas Thurtell, Noyes, and Hunt spent the
day at Probert's cottage. Hunt went down dressed in a manner so very
shabby as to excite observation. But in the course of the day he went up-
stairs, and attired himself in very handsome clothes of the deceased, Mr.
Weare. Probert wished the body to be removed from his pond, and Thurtell
and Hunt promised to comedown on Monday, and remove it, which they did.
Hunt engaged Mrs. Probert in conversation, while Thurtell and Probert took
the body out of the pond, ]iut it into Thurtell's gig, and then gave notice to
Hunt that the gig was ready. It appeared that the body was carried to a
pond near Elstree, at a considerable distance from Probert's cottage, and there
sunk, as it had before been in Probert's pond, in a sack containing a consider-
able quantity of stones. The parties who heard the report of the pistol in the
lane on the Friday evening, and the discovery of blood in the field, led, how-
ever, to great alarm amongst the magistracy. Inquiry was set on foot, and
Thurtell, Hunt, and Probert were at length apprehended. Strict inquiries
were made by the magistrates, but nothing was ascertained to prove to a cer-
tainty who was murdered. The body was, however, found on the Thursday,
Hunt having confessed where it was deposited. As to Thurtell, it was clear
that he was the perpetrator of the murder ; and with respect to Hunt and Pro-
bert, it was equally clear that they were accessories before the fact, but
Probert was admitted king's evidence, and Hunt's first confession, made
under promise, saved his life.
On the trial on the 7th of January, 1824, the officers and constables gave
their accounts plainly and firmly, as gentlemen in their line generally do;
and Mr. Ward, the surgeon of Watford, described the injuries of the deceased
in a very intelligent manner. When Ruthven was called there was a great
stir in the court, as it was known that he had in his possession several arti-
cles of great interest. He took his place in the witness box, and in the course
of his examination deposited on the table a pistol, and a pistol key, the knife,
8 "^ THURTELL AND HUNT,
a muslin handkerchief spotted with blood, a shirt similarly stained ; and a
waistcoat, into the pockets of which bloody hands had been thrust. A coat
and a hat marked with blood were also produced. 'I'hese all belonged to
Thurtell, but he looked at them with perfect indifference. Kuthven then
produced several articles belonging to the deceased ; the gun, the carpet-bacr,
and the clothes ; there was the shooting jacket, with the dog whistle hanging
at the button hole, the half-dirty leggings, shooting shoes, and the linen;
and even the sight of these things had no effect on either of the prisoners.
Symmonds the constable, when sworn, took from his pocket a white folded
paper, which he carefully undid, and produced to the court the pistol with
which the murder had been committed. The pan was opened, as the firing
had left it, and was smeared with tiie black of gunpowder and the dingy
stain of blood. The barrel was bloody, and in the muzzle a piece of tow
was thrust to keep in the murdered man's brains. Against the back of the
pan were the short curled hairs of a silver sabled hue, which had been lite-
rally dug from the man's head ; they were glued to the pan firmly with
crusted blood ! This deadly and appalling instrument made all shudder, save
the murderers, who, on the contrary, looked unconcernedly at it.
Thomas Thurtell, when called, seemed affected — but his brother seemed
calm. Miss Noyes was very plain and very flippant. Rexworthy, the
billiard-table keeper, spoke of his dead friend with great decision ; but the
brother of Weare was truly shocked, and his sincere grief exposed the art
and trickery of many serious and hysterical witnesses. "The landlords,"
says an eyewitness, "were all thorough-bred landlords, sleek, sly, and rosy.
The ostlers were ruilicr overtaken, all except he of the stable in Cross-street,
who said all he knew clean out. Old .John Butler, of the Bald-faced Stao-,
had steadied himself with heavy liquor, and he contrived to eject his evidence
out of his smock frock with tolerable correctness. Dick Bingham, another
hero of the ])itchfork, was quite undbguised., and he seemed to be confident
and clear in proportion to the cordials and compounds."
"Little Addis, Probert's boy, was a boy of uncommon quickness and
pretty manner. He was a nice, ingenuous lad. When you saw his youth,
his innocence, his pretty face and frankness, you shuddered to think of the
characters he had associated with, and the scenes he had witnessed. His
little artless foot had kicked up the bloody leaves; he had seen the stain
fresh on the murderer's clothes, and his escape from death was miraculous."
"The cook, Susan Woodroofe, had no prepossessing appearance. She
had no great skill too in language: like Dan in .Tohn Bull, who when asked
if he ever deviated, said — No ! — he always whidled .• — she, in speaking of the
supper, when Mr. BoUand asked her if it was postponed! she replied — No !
it was pork /"
.When Probert, the accomplice, was called, he W'as ushered through the
dock into the body of the court. The most intense interest at his entering
the witness box was evidently felt by all persons, in which indeed even
the prisoners joined. Hunt stood up, and looked much agitated ; Thur-
tell eyed the witness sternly and composedly. Probert did not seem the
least ashamed of his situation, but stood firmly up to answer I\Ir. Gurney,
who very solemnly prefaced his examination with charging him to tell the
whole truth. The face of Probert was marked with deceit in every linea-
ment. The eyes were like those of a vicious horse, and the lips were thick
and sensual. His forehead receded villanously in amongst a bush of grizzly
black hair — and his ears projected out of the like cover. His head and legs
were too small for his body, and altogether he was an awkward, dastardly,
and a wretched looking animal. He gave the following account with no hesi-
tation or shame, and stood up against Mr. Andrews' exposure with a face of
brass. Indeed, he seemed to fear nothing hut death or bodily pain : —
I occupied a cottage in Gill's-hill-lane six months before October last; my
family consisted of Mrs. Probert, her two sisters (Misses Noyes), part of the
FOR MURDER. 9
summer, a servant maid and a boy ; in the month of October, only one Misa
Noyes lived with us. In October also I had some children of Thomas Thiir-
tell's, two — none of my own. T. Thurlell is a brother of the prisoner's. I
have been for some time past acquainted with the prisoner, John Thurtell ;
he had been down to my cottage often, sporting with me ; he knew the road
to my cottage, and all the roads thereabouts, well. Gill's-hill-lane, in which
my cottage was, was out of the high road to St. Alban's, at Radlett ; my cot-
tage was about a quarter of a mile from the high road. My regular way to
the cottage would be to go along the high road through Radlett; there was
a nearer way, but that was my usual way. My cottage was fourteen miles
and a quarter from Tyburn turnpike. In the latter end of October, the week
in which this happened, the prisoner, John Thurtell, lodged at Tetsall's, the
Coach and Horses, in Conduit-street ; Thomas Thurtell lodged there also.
They were there every day that week. On Friday the 24th, I dined at Tet-
sall's with John Thurtell and Hunt ; Thomas Thurtell and Noyes were
there also. After dinner Thurtell said something to me about money. Four
days previous to the 24th, I borrowed £10 from John Thurtell; he then said,
you must let me have it back on the Thursday or Friday ; on the Thursday
I saw him at Mr. Tetsall's, and he asked me if I had got the £10 ; I told
him I had not ; I had not collected any money. He said, I told you I should
want it to-day or to-morrow, else it will be £300 out of my pocket ; but if
you will let me have it to-morrow, it will answer the same purpose. On the
next day (Friday) I paid him £5. I borrowed £5 of Mr. Tetsall ; that was
after dinner. He then said, I think I shall go down to your cottage to-night ;
are you going down] and asked me if I could drive Hunt down. I said,
yes. He said, I expect a friend to meet me this evening a little after five,
and if he comes I shall go down. If I have an opportunity, I mean to do
him, for he is a man that has robbed me of several hundreds. He added, I
have told Hunt where to stop. I shall want him about a mile and a half be-
yond Elstree. If I should not go down, give Hunt a pound — which I did.
Hunt had just come in, and Thurtell said, " there, Joe, there's a pound ; if Pro-
bert don't come, hire a horse, you know where to stop for me." I do not
know that Himt made any answer ; I gave him twenty shillings in silver;
Thurtell left the Coach and Horses almost immediately, in a horse and
chaise ; it was a gray horse ; I believe Hunt brought the horse and chaise ;
Thurtell left a little after five. I afterwards set off to go in my own gig; I
took Hunt with me. When I came to the middle of Oxford-street, Hunt got
out of the gig to purchase a loin of pork, by my request, for supper. When
we came to the top of Oxford-street, Hunt said, " This is the place Jack is
to take up his friend at." In our way down, we overtook Thurtell, about
four miles from London. Hunt said to me, "There they are; drive by, and
take no notice." He added, " It's all right, Jack has got him." There
were two persons in the gig — Thurtell and another ; I passed them and said
nothing. I stopped at a public-house called the Bald-faced Stag, about
seven miles from London, two miles short of Edgeware. It was then, per-
haps, a quarter to seven. When Hunt said " It's all right," I asked him
what was his name 1 Hunt replied, " You are not to know his name ; you
never saw him ; you know nothing of him." I got out at the Bald-faced
Stag ; I supplied the house with spirits. Hunt walked on, and said, " I'll
not go in, because I have not returned the horse-cloths I borrowed." I
stopped about twenty minutes; I then drove on, and overtook Hunt about a
quarter of a mile from Edgeware. I took him up, and we drove to Mr.
Clarke's, at Edgeware. We had a glass of brandy and water. I should
think we did not stop ten minutes ; we went into the bar. We stopped a
little further in Edgeware, and bought half a bushel of corn ; I was out of
corn at home ; I put it in the gig. Hunt then said, " I wonder where Thur-
tell, is ; he can't have passed us." We then drove on to the Artichoke, kept
by Mr, Field. We got there within about eight minutes of eight. Neither
10 THURTELL AND HUNT,
I nor Hunt g-ot out. We had four or five g-lassos of brandy and water,
waiting for the express purpose of Thurtell coming up ; we tliought we heard
a horse and chaise, and started ; I think we stopped more than tiiree-quarters
of an hour at Elstree. We went about a mile and a half, to Mr. Phillimore's
Lodge, to wait for Thurtell. Hunt said, "I shall wait here for John Thur-
tell," and he got out on the road. I drove on through Radlett, towards my
own cottage ; when I came near my own cottage, within about a hundred
yards, I met John Thurtell; he was on foot; he says, "Hallo! where's
Hunt?" I said I had left him waiting near Phillimore's Lodge for him ;
John Thurtell said to that, " Oh, I don't want him now, for I have done the
trick ;" he said he had killed his friend that he had brought down with him ;
he had ridded the country of a villain who had robbed him of three or four
hundred pounds ! I said, " Good God ! I hope you have not killed the
man V and he said, " It's of no consequence to you, you don't know him,
nor you never saw him ; do you go hack and fetch Hunt, you know best
where you left him." I returned to the place where 1 left Hunt, and found
him near the spot where I left him. Thurtell did not go. I said to
Hunt, when I took him up, " John Thurtell is at my house — he has killed
his friend ;" and Hunt said, " Thank God, I am out of it; I am glad he has
done it withoiit me ; 1 can't think where tbe devil he could pass ; I never
saw him pass anywhere, but I am glad I am out of it." He said, "This is
the place we were to have done it" (meaning near Pliillimore's Lodge) ; I
asked him who the man was, and he said, " You don't know him, and I
shall not tell you ;" he said it was a man that had robbed Jack of several
hundred pounds, and they meant to have it back again; by that time I had
reached my own house ; John Thurtell stood at the gate ; we drove into the
yard ; Hunt says, "Thurtell, where could you pass me 1" Thurtell replied,
"It don't matter where I passed you, I've done the trick — I have done it."
Thurtell said, " What the devil did you let Probert stop drinking at his d — d
public houses for, when you knew what was to be done V Hunt said, " I
made sure you were behind, or else we should not have stopped." I then took
the loin of pork into the kitchen, and gave it to the servant to cook for supper.
I then went into the parlour, and introduced Hunt to Mrs. Probert ; he had
never been there before. Thurtell followed immediately; we had stopped
in the yard a little time before we went in. I returned to the parlour, and
told Mrs. Probert we were going to Mr. Nichols' to get leave for a day's
shooting; before we went out Thurtell took a sack and cord with him. We
then went down the lane, I carried the lantern ; as we went along, Thurtell
said, "I began to think. Hunt, you would not come." Hunt said, "We
made sure you were behind." I walked foremost; Thurtell said, " Probert,
he is just beyond the second turning." When he came to the second turning,
he said, "It's a little farther on." He at length said, "This is the place."
We then looked about for a pistol and a knife, but could not find either ; we
got over the hedge, and there found the body lying; the head was bound up
in a shawl, I think a red one (here the shawl already produced, was shown
to witness) ; I can't say that is the shawl. Thurtell searched the deceased's
pockets, and found a pocket-book containing three five pound notes, a memo-
randum book, and some silver. John Thurtell said, "This is all he has got,
I took the watch and purse when I killed him." The body was then put
into a sack, head foremost; the sack came to the knees, and was tied with a
cord ; it was the sack John Thurtell had taken out of the gig; we then left
the body there, and went towards home. Thurtell said, " when I first shot
him, he jumped out of the gig and ran like the devil, singing out that 'he
would deliver all he had, if" I'd only spare his life.' " John Thiirtell said,
" I jumped out of the gig and ran after him ; I got him down, and began to
cut his throat, as I thought, close to the jugular vein, but I could not stop
his singing out; I then jammed the pistol into his head; I gave it a turn
round, and then I knew t had done him." He then said to Hunt, "Joe, you
FOR MURDER. H
oucrht to have been with me, for I thought at one time he would have got the
better of me. These d — d pistols are like spits, they are of no use." Hunt
said, " I should have thought one of those pistols would have killed him
dead, but you had plenty of tools with you ;" we then returned to the house
and supped. In the course of the evening, after supper, .John Thurtell pro-
duced a handsome gold watch ; I think double cased ; it had a gold chain
attached to it. He took off the chain, and offered to make Mrs. Probert a
present of it, saying it was more fit for a lady than a gentleman. Mrs. Pro-
bert refused for some time, but at length accepted of it. He put the watch
and seal in his pocket; we had no spare bed that night; I asked when they
would go to bed. I said my sister would sleep with Thomas Thurtell's
children, and that they could have her bed. They answered they would
sleep on the sofa. Hunt sang two or three songs after supper; he is a pro-
fessional singer. Mrs. Probert and Miss Noyes went to bed between twelve
and one. When they were gone, John Thurtell took out a pocket-book^
purse, and a memorandum-book; the jiurse contained sovereigns; I cant
say how many. He took £15 in notes from the pocket-hook, and gave Hunt
and myself a £5 note and a sovereign each, saying — " That's your share of
the blunt." There were several papers in the books ; they and the purse
and books were burnt ; a carpet bag was opened. Thurtell said it had be-
longed to the man he had murdered ; it contained wearinir apparel and shoot-
ing materials ; they were examined and put in again ; I think two or three
silk handkerchiefs were left out ; there was also a backgammon-board, con-
taining dice and cards ; I also saw a double-barrelled gun ; it was taken out
of a case and looked at; all the things were taken away next day, in a gig,
by Thurtell and Hunt. After this, Thurtell said, " I mean to have Barber
Beaumont and Woods;" Barber Beaumont is a director of a fire-ofhce with
which John Thurtell had some dispute; Woods is a young man in London
who keeps company with Miss Noyes. It was a general conversation, and.
I cannot recollect the particulars ; he might have mentioned other names, but
I can't recollect them. Thurtell said to Hunt, " We must now go out and
fetch the bodj^ and put it in the pond." I said, " By G — d, you sha'n't put
it in the pond, you'll ruin me else." There is a pond on my ground. Thur-
tell said, " Had it not been for the mistake of Hunt, I should have killed him
in the other lane, and returned to town and inquired of his friends why he
had not come." First only Thurtell and Hunt went out ; when they came
back, Hunt said, "Probert, he is too heavy, we can't carry him; we have
only brought him a little way." Thurtell said, " Will you go with us"? I'll
put the bridle on my horse and fetch him." I went out to the stable with
him, and left Hunt waiting near the gate. Thurtell's horse was brought
out, and Thurtell and I went down and brought the body on the horse; Hunt
did not go with us. We took the body to Mr. Wardle's field, near my gate.
Hunt took the horse back to the stable, and came back to the garden, and we
dragged the body down the garden to the pond; we put some stones in the
sack, and threw the body into the pond.
The man's feet were perhaps half a foot above the water ; John Thurtell
got a cord, threw it round the feet, and gave me the other end, and I dragged
it into the centre of the pond, and it sunk. We all three returned to the cot-
tage, and I went to bed almost immediately. I found my wife up; next
morning, I came down about nine o'clock. Thurtell said, in presence of
Hunt, that they had been down the lane to look for the pistol and knife, but
neither could be found. They asked me to go down the lane and seek them,
in the course of the day, which I promised to do.
VA/hen I went down the lane, I saw a man at work near the spot, so I took
no notice. That morning they went away after breakfast. On Sunday they
came down again; and Thomas Thurtell and Mr. Noyes came also. Thomas
Thurtell and Hunt came in a gig. Hunt broua-ht a new spade with him. He
said it was to dig a grave for deceased that he brought it. Hunt returned
12 THURTELL AND HUNT,
with the gig after setting down Thomas Thurtell, and broiight John Thurtell
and Mr. Noyes in the chaise. Hunt was very dirtily dressed when he came
down, and went up-stairs to change. When he came down, he was well
dressed — in almost new clothes. Hunt said the clothes belonged to the de-
ceased ; he told me he had thrown a new spade over the hedge into my garden ;
I saw it afterwards ; it was a new spade. John Thurtell and I walked to the
pond. He asked me if the body had risen 1 I said no, and he said it would
lay there for a month. In the afternoon, Hewart called, and I went with him
to Mr. Nicholls's.
On my return, I told Thurtell and Hunt that Mr. Nicholls had told me that
some one had fired a pistol or gun off, in Gill's-hill-lane, on Friday night, and
that there were cries of murder, as though some one had been killed. He said
it was about eight o'clock, and added, " I suppose it was done by some of your
friends to frighten each other." John Thurtell said, " Then I'm baked." I
said, "I am afraid it's a bad job, as Mr. Nicholls seems to know all about it ;
I am sorry it ever happened here, as I fear it will be my ruin." Thurtell said,
" Never mind, Probert, they can do nothing with you." I said the body
must be immediately taken out of my pond again. Thurtell said, " I'll tell
you what I'll do, Probert ; after you are all gone to bed, Joe and I will take
up the body and bury it." Hunt was present at this. I told them that
would be as bad, if they buried it in the garden. John Thurtell said, " I'll
bury him where you nor no one else can find him." As John Thurtell was
going into the parlour. Hunt said, " Probert, they can do nothing with you or
me, even if they do find it out, as we were neither of us at the murder."
Thurtell and Hunt sat up all that night ; I, Noyes, and Thomas Thurtell
went to bed. Thomas Thurtell slept with his children. In the morning,
John Thurtell and Hunt said they went to dig a grave, but the dogs were
barking all night, and they thought some one was about the ground. John
Thurtell said, "Joe and I will come down to-night and take him quite away,
and that will be better for you altogether." Thomas Thurtell and Hunt, and
my boy, Addis, went away in one chaise after breakfast, and John Thurtell,
Thomas Noyes, and Miss Noyes in another. The boy was sent to town to
be out of the way. That evening, John Thurtell and Hunt came again in a
gig about nine; they took supper; after supper John Thurtell and I went to
the stable, leaving Hunt talking to Mrs. Probert. Thurtell said, "Come,
let's get the body up ; while Hunt is talking to Mrs. Probert, she will not
suspect." We went to the pond, and got the body up; we took it out of the
sack, and cut the clothes all oft' it. We left the body naked on the grass,
and returned to the parlour ; we then went to the stables, and John Thurtell
went to his gig, and took out a new sack and some cord ; we all three return-
ed to the pond, and put the body head-foremost into the sack ; we all three
carried it to the lower garden gate ; we left Hunt waiting with the body,
while Thurtell and I went round the pond. I carried the bundle of clothes,
and threw it into the gig ; we then pat the horse too, and Thurtell said, "we
had better leave the clothes here, Probert, there is not room for them." The
clothes were left, and the body was put into the gig. I refused to assist them
in settling the body in the gig. They went away. I, next morning, burnt
some of the clothes, and threw the rest away in different places. I was
taken into custody on the Tuesday evening after they went away. —
Mrs. Prubert, his wife, gave her evidence drop by drop, and not then with-
out great squeezing. Every dangerous question overcame her agitated nerves,
and she very properly took time to recover before she answered. The
following was the sum of her evidence ; —
I remember the night of the 24th of October, when Mr. John Thurtell and
]Mr. Huntcameto Gill's-hill Cottage, to have heard the sound of a gig passing
my cottage. It was about eight o'clock, I think. The bell of our cottage
was rung nearly an hour after. After that ringing nobody came into our
house. My husband came home that night nearly at ten. I came down
FOR MURDER. • -' - 13
stairs, found Mr. Probert, John Thurtell, and a stranger in the parlour. My
husband introduced that stranger, as Mr. Hunt, to me. I saw John Thurtell
take out a gold chain, which he showed to me. It was a gold watch chain,
with a great deal of work about it ; it was such a chain as this I think (the
chain was shown her). He offered to make it a present to me ; I refused it
for some time, and at last he gave it to me (she was shown the box and
chain produced by the constable at Watford). I recollect giving the box and the
chain to the constable, in the presence of the magistrates. When I and Miss
Noyes went up-stairs, we left John Thurtell, Hunt, and Mr. Probert in the
room. I did not go to bed immediately ; I went from my room to the stairs
to listen ; I leaned over the banisters. What I heard in leaning over the ba-
nisters was all in a whisper. What I heard at first was, I thought, about
trying on clothes. The first I heard was, " This, I think, will fit you very
well." I heard a noise like a rustling of papers on the table ; I heard also
something like the noise of papers thrown into the fire. I afterwards went
up to my own chamber. Out of doors I saw something ; I looked from my
window, and saw two gentlemen go from the parlour to the stable ; they led
a horse out of the stable, and opened the yard gate and let the horse out.
Some time after that I heard something in the garden ; I heard something
dragged, as it seemed, very heavily ; it appeared to come from the stable to
the garden ; the garden is near the back gate ; it was dragged along the dark
walk ; I had a view of it when they dragged it out of the dark walk ; it seem-
ed very large and heavy ; it was in a sack. It was after this I heard the
rustling of papers, and the conversation I have described. After the sack was
dragged out of the dark walk, I had a view of it until it was half-way down the
walk to the pond. I had a good view of it so far. After this I heard a noise
like a heap of stones thrown into a pit; I can't describe it any other way; it
was a hollow sound. I heard, besides what I have before mentioned, some
further conversation. The first I heard was, I think. Hunt's voice; he said,
" Let us take a £5 note each." I did not hear Thurtell say any thing; then
— I am trying to recollect — I heard another voice say, " We must say there
was a hare thrown up in the gig on the cushion — we must tell the boy so in
the morning." I next heard a voice, I can't exactly say whose, " We had
better be off to town by four or five o'clock in the morning ;" and then, I think,
John Thurtell it was, who said, " We had better not go before eight or nine
o'clock;" and the parlour door then shut. I heard John Thurtell say also (I
think it was his voice), " Holding shall be next." I rather think it was
Hunt who next spoke ; he asked, has he (Holding) got money ? John
Thurtell replied, " It is not money I want, it is revenge ; it is," said John
Thurtell, " Holding who has ruined my friend here." I did not at first
understand who this friend was ; I believe it meant Mr. Probert, my hus-
band ; I cannot say whether Holding had any thing to do in the transactions
of my husband's bankruptcy. " It was Holding," said John Thurtell, " who
ruined my friend here, and destroyed my peace of mind." My husband came
to bed about half-past one or two o'clock, I believe it was; I did not know
exactly the hour. —
At the close of the evidence for the crown, although in answer to his lord-
ship's inquiry, the jury decided on going through the case — they revoked that
decision at the desire of John Thurtell, who strongly but respectfully pressed
on their attention the long and harassing time he had stood at that bar ; and
begged for a night's cessation to recruit his strength previous to his making
his defence. Hunt said nothing : but Thurtell's manner was too earnest to
admit of denial, and the court adjourned — an ofltcer having been sworn to
keep the jury apart from a:ll persons.
The court reassembled on the following morning, and the trial proceeded.
Ruthven and Thomas Thurtell were called on some trifling points ; and in
a short time Mr. Justice Park informed John Thurtell, that he was ready to
hear any observations he had to make. Thurtell intimated in a murmur to
B
14 THURTELL AND HUNT,
Wilson, which Wilson interpreted to the court, that he wished his witnesses
to be examined first, but this was refused, as being contrary to the practice.
Thurtell now seemed to retire within himself for half a minute, — and then
slowly, — the crowd being breathlessly silent and anxious, — drawing in his
breath, gathering up his frame, and looking very steadfastly at the jury, he
commenced his defence. He spoke in a deep, measured, and unshaken
tone ; accompanying it with a rather studied and theatrical action : —
My Lord, and Gentlemen of the Jury, — Under greater difficulties than ever
man encountered, I now rise to vindicate my character and defend my life.
I have been supported in this hour of trial, by the knowledge that my cause
is heard before an enlightened tribunal, and that the free institutions of my
country have placed my destiny in the hands of twelve men, who are unin-
fluenced by prejudice, and unawed by power. I have been represented by
the press, which carries its benefits or curses on rapid wings from one extre-
mity of the kingdom to the other, as a man more depraved, more gratuitously
and habitually profligate and cruel, than has ever a])peared in modern times.
I have been held up to the world as the perpetrator of a murder, under cir-
cumstances of greater aggravation, of more cruel and premeditated atrocity,
than it ever before fell to the lot of man to have seen or heard of. I have
been held forth to the world as a depraved, heartless, remorseless, prayerless
villain, who had seduced my friend into a sequestered path, merely in order
to despatch him with the greater security — as a snake who had crept into
his bosom only to strike a sure blow — as a monster, who, after the perpetra-
tion of a deed from which the hardest heart recoils with horror, and at which
humanity stands aghast, washed away the remembrance of my guilt in the
midst of riot and debauchery. You, gentlemen, must have read the details
which have been daily, I may say hourly, published regarding me. It would
be requiring more than the usual virtue of our nature to expect that you should
entirely divest your minds of those feelings, I may say those creditable feel-
ings, which such relations must have excited ; but I am satisfied, that as far
as it is possible for men to enter into a grave investigation with minds unbi-
assed, and judginents unimpaired, after the calumnies with which the public
mind has been deluged — I say, I am satisfied, that with such minds and such
judgments, you have this day assumed your sacred office. The horrible
guilt which has been attributed to me, is such as could not have resulted
from custom, but must have been the itinate principle of my infant mind, and
have " grown with my growth, and strengthened with my strength." But
I will call before you gentlemen whose characters are unimpeachable, and
whose testimony must be above suspicion, who will tell you, that the time
was when my bosom overflowed with all the kindly feelings; and even my
failings were those of an improvident generosity and unsuspecting friendship.
Beware then, gentlemen, of an anticipated verdict. Do not suffer the reports
you have heard to influence your determination. Do not believe that a few
short years can have reversed the course of nature, and converted the good
feelings which I possessed into the spirit of malignant cruelty to which only
demons can attain. A kind, afft'ctionate, and religious mother directed the
tender steps of my infancy in the paths of piety and virtue. My rising
youth was guided in the way that it should go by a father whose piety was
universally known and believed — whose kindness and charity extended to all
who came within the sphere of its influence. After leaving my paternal roof,
I entered into the service of our late revered monarch, who was justly enti-
tled the " father of his people." You will learn from some of my honoura-
ble companions, that while I served under his colours, I never tarnished their
lustre. The country which is dear to me I have served. I have fought for
her. I have shed my blood for her. I feared not in the open field to shed
the blood of her declared foes. But oh ! to suppose that on that account I was
ready to raise the assassin's arm against my friend, and with that view
to draw him into secret places for his destruction — it is monstrous, horrible,
FOR MURDER. ' l5
incredible. I have been represented to you as a man who was given to
gambling, and the constant companion of gamblers. To this accusation, in
some part, my heart with feeling penitence pleads guilty. I have gambled.
I have been a gambler, but not for the last three years. During that time I
have not attended or betted upon a horse-race, or a fight, or any public exhi-
bition of that nature. If I have erred in these things, half of the nobility
of the land have been my examples ; some of the most enlightened states-
men of the country have been my companions in them. I have indeed been
a gambler — I have been an unfortunate one. But whose fortune have I
ruined? — whom undone? My own family have I ruined — I have undone
myself! At this moment I feel the distress of my situation. But, gentle-
men, let not this misfortune entice your verdict against me. Beware of your
own feelings, when you are told by the highest authority, that the heart of
man is deceitful above all things. Beware, gentlemen, of an anticipated
verdict. It is the remark of a very sage and experienced writer of antiquity,
that no man becomes wicked all at once. And with this, which I earnestly
request you to bear in mind, I proceed to lay before you the whole career of
my life. I will not tire you with tedious repetitions, but I will disclose
enough of my past life to inform your judgments ; leaving it to your cle-
mency to supply whatever little defects you may observe. You will con-
sider my misfortunes, and the situation in which I stand — the deep anxiety
that I must feel — the object for which I have to strive. You may suppose
something of ail this ; but oh ! no pencil, though dipped in the lines of hea-
ven, can portray my feelings at this crisis. Recollect, I again entreat you,
my situation, and allow something for the workings of a mind little at ease;
and pity and forgive the faults of my address.
The conclusion of the late war, which threw its lustre upon the fortunes
of the nation generally, threw a gloomy shade over mine. I entered into a
mercantile life with feelings as kind, and with a heart as warm, as I had
carried with me in the service. I took the commercial world as if it had
been governed by the same regulations as the army. I looked upon the mer-
chants as if they had been my mess-companions. In my transactions I had
with them my purse was as open, my heart as warm, to answer their de-
mands, as they had been to any former associates. I need not say that any
fortune, however ample, would have been insufficient to meet such a course
of conduct. I, of course, became the subject of a commission of bankruptcy.
My solicitor, in whom I had foolishly confided as my most particular friend,
I discovered, too late, to have been a traitor — a man who was foremost in the
ranks of my bitterest enemies. But for that man, I should still have been
enabled to regain a station in society, and I should have yet preserved the
esteem of my friends, and, above all, my own self-respect. But how often is
it seen that the avarice of one creditor destroys the clemency of all the rest,
and for ever dissipates the fair prospects of the unfortunate debtor. With
the kind assistance of Mr. Thomas Oliver Springfield, I obtained the signa-
ture of all my creditors to a petition for superseding my bankruptcy. But
just then, when I flattered myself that my ill fortune was about to close —
that my blossoms were ripening — there came "a frost — a nipping frost."
My chief creditor refused to sign unless he was paid a bonus of £300 upon
his debt beyond all the other creditors. This demand was backed by the
man who was at the time his and my solicitor. I spurned the oifer — I awak-
ened his resentment. I was cast upon the world — my all disposed of — in
the deepest distress. My brother afterwards availed himself of my misfor-
tune, and entered into business. His warehouses were destroyed by the
accident of a fire, as has been proved by the verdict of a jury on a trial at
which the venerable judge now present presided. But that accident, unfor-
tunate as it was, has been taken advantage of in order to insinuate that he
was guilty of crime, because his property was destroyed by it, as will be
proved by the verdict of an honest and upright jury in an action for conspi-
16 THURTELL AND HUNT,
racy, which will be tried ere long before the Chief Justice of the King's
Bench. A conspiracy there was — but where 1 Why, in the acts of the
prosecutor himself, Mr. Barber Beaumont, who was guilty of suborning wit-
nesses, and who will be proved to have paid for false testimony. Yes; this
professed friend of the aggrieved — this pretended prosecutor of public abuses
— this self-appointed supporter of the laws, who panders to rebellion, and
has had the audacity to raise its standard in the front of the royal palace —
this man, who has just head enough to contrive crime, but not heart enough
to feel its consequences — this is the real author of the conspiracy wiiich will
shortly undergo legal investigation. To these particulars I have thought it
necessary to call your attention, in language which you may think perhaps
too warm — in terms not so measured, but that they may incur your reproof.
But—
" The flesh will quiver where the pincers tear,
The blood will follow where the knife is driven.
You have been told that I intended to decoy Woods to his destruction ,
and he has said that he saw me in the passage of the house. I can prove by
honest witnesses, fellow-citizens of my native city of Norvvich^hat I was
/here at that time ; but, for the sake of an amiable and innocent Rmale, who
might be injured, I grant to Mr. Woods the mercy of my silence. When
before this, did it ever fall to the lot of any subject to be borne down by the
weight of calumny and obloquy which now oppresses me 1 The press, which
ought to be tlic shield of public liberty, theavenger of public wrongs — which,
above all, should have exerted itself to preserve the purity of its favourite
institution, the trial by jury — has directed its whole force to my injury and
prejudice; it has heaped slander upon slander, and whetted the public
appetite for slanders more atrocious ; nay, more, what in other men would
serve to refute and repel the shaft of calumny, is made to stain with a deeper
dye the villanies ascribed to me. One would have thought, that some time
spent in the service of my country would have entitled me to some favour
from the public under a charge of this nature. But no ; in my case the order
of things is changed — nature is reversed. The acts of times long since past
liave been made to cast a deeper shadow over the acts attributed to me within
the last few days ; and the pursuit of a profession, hitherto held honourable
among honourable men, has been turned to the advantage of the accusation
against me. You have been told that after the battle, I boasted of my inhu-
manity to a vanquished, yielding, wounded enemy — that I made a wanton
sacrifice of my bleeding and supplicating foe, by striking him to the earth
with my cowardly steel ; and that, after this deed of blood, I coldly sat down
to plunder my unhappy victim. Nay, more — that with folly indescribable
and incredible, I boasted of my barbarity as of a victory. Is there an English
officer, is there an English soldier, or an Englishman, whose heart would not
have revolted with hatred against such baseness and folly 1 Far better, gentle-
men, would it have been for me, rather than have seen this day, to have fallen
with my honourable companions, stemming and opposing the tide of battle upon
the field of my country's glory. Then my father and my family, though they
would have mourned my loss, would have blessed my name, and shame would
not have rolled its burning fires over my memory ! Before I recur to the evi-
dence brought against my life, I wish to return my most sincere thanks to the
high sheriff' and the magistrates for their kindness shown to me. I cannot but
express my unfeigned regret at a slight misunderstanding which has occurred
between the Rev. Mr. Lloyd, the visiting magistrate, and my solicitor. As
it was nothing more than a misunderstanding, I trust the bonds of friendship
are again ratified between us all. My most particular gratitude is due to the
Rev. Mr. Franklin, whose kind visits and pious consolations have inspired
me with a deeper sense of the awful truths of religion, and have trebly armed
my breast with fortitude to serve me on this day. Though last, not least
— let me not forget Mr. Wilson, the governor of the prison, and the fatherly
FOR MURDER. 17
treatment which he has shown me throug-hout. My memory must perish ere
I can foraret his kindness. My heart must be cold ere it can cease to beat
with gratitude to him, and wishes for the prosperity of his family.
********
Here the prisoner read a long written comment on the weaker parts of the
evidence ; — the stronger and indeed the decisive parts he left untouched.
This paper was either so ill-written, or Thurtell was so imperfect a reader, that
the effect was quite fatal to the previous flowery appeal to the jury. He stam-
mered, blundered, and seemed confused throughout. When he finished his
book, and laid aside the paper, he seemed to return with joy and strength to
his memory, and to muster up all his might for the peroration.
"And now, gentlemen, having read those cases to you, am not I jus-
tified in saying, that unless you are thoroughly convinced that the circum-
stances before you are absolutely inconsistent with my innocence, I have a
claim to your verdict of acquittal ] Am I not justified in saying, that you
might come to the conclusion that all the circumstances stated might be true,
and yet I be innocent] I am sure, gentlemen, you will banish from your
minds any prejudice which may have been excited against me, and act upon
the principle that every man is to be deemed innocent until he is proved
guilty. Judge of my case, gentlemen, with mature consideration, and remem-
ber that my existence depends upon your breath. If you bring in a verdict
of guilty, the law afterwards allows no mercy. If, upon a due consideration
of all the circumstances, you shall have a doubt, the law orders, and your own
consciences will teach you to give me the benefit of it. Cut me not off in the
summer of my life ! I implore you, gentlemen, to give my case your utmost
attention. I ask not so much for myself as for those respectable parents
whose name I bear, and who must suffer in my fate. I ask it for the sake
of that home which will be rendered cheerless and desolate by my death.
Gentlemen, I am incapable of any dishonourable action. Those who know
me best know that I am utterly incapable of an unjust and dishonourable
action, much less of the horrid crime with which I am now charged. There
is not, I think, one in this court who does not think me innocent of the charge.
If there be — to him or to them, I say in the language of the apostle, ' Would
to God ye were altogether such as I am, save these bonds.' Gentlemen,
I have now done. I look with confidence to your decision. I repose in your
hands all that is dear to the gentleman and the man ! I have poured my
heart before you as to my God ! I hope your verdict this day will be such
as you may ever after be able to think upon with a composed conscience ;
and that you will also reflect upon the solemn declaration which I now make —
I — am — innocent ! — So — help — me God !"
The solid, slow, and appalling tone in which he wrung out these last words
can never be imagined by those who were not auditors of it : he had worked
himself up into a great actor — and his eye for the first time during the trial
became alive and eloquent ; his attitude was impressive in the extreme. He
clung to every separate word with an earnestness which cannot be described,
as though every syllable had the power to buoy up his sinking life, and that
these were the last sounds that were ever to be sent into the ears of those
who were to decree his doom ! The final word, God ! was thrown up with
an almost gigantic energy ; and he stood after its utterance with his arms
extended, his face protruded, and his chest dilated, as if the spell of the
sound were yet upon him, and as though he dared not move lest he should
disturb the still echoing appeal ! He then drew his hands slowly back,
pressed them firmly to his breast, and sat down, half-exhausted, in the dock.
When he ftrst commenced his defence, he spoke in a steady artificial man-
ner, after the style of forum orators ; but as he warmed in the subject, ana
felt his ground with the jury, he became more unaffectedly earnest and
naturally solemn; and his mention of his mother's love and his father's piety
drew the tear up to his eyes almost to falling. He paused ; and though
B 2 3
*l^'.
18 THURTELL AND HUNT.
pressed by the judge to rest, to sit down, to desist, he stood up resolute
against his feelings, and finally, with one vast gulp, swallowed down his
tears ! He wrestled with grief, and threw it ! When speaking of Barber
Beaumont, the tiger indeed came over him, and liis very voice seemed to
escape out of his keeping. There was such a savage vehemence in his whole
look and manner, as quite to awe his hearers. With an unfortunate quotation
from a play, in which he long had acted too bitterly, — the Revenge ! he
soothed his maddened heart to quietness, and again resumed his defence,
and for a few minutes in a doubly artificial serenity. The tone in which he
wished that he had died in battle, resembled Othello's farewell to the pomp
of war; and the following consequences of such a death, was as grandly
delivered by Thurtell as it Avas possible to be ! " Then my father and my
family, though they would have mourned my loss, would have blessed my
name; and shame tooiild not have rolled its bunding fires over my memory !''''
Such a performance, for a studied performance it assuredly was, has seldom
been seen on the stage, and certainly never off. Thus to act in the very teeth
of death, demands a nerve, which not one man in a thousand ever possesses.
When Hunt was called upon for his defence, his feeble voice and shrinking
manner were doubly apparent, from the overwrought energy which his com-
panion had manifested. He complained of his agitation and fatigue, and
requested that a paper which he held in his hand might be read for him ;
and the clerk of the arraigns read it according to his request in a very feelinor
manner. It was prudently and advisedly composed by Mr. Harmer. Reli-
ance was placed on the magistrates' promise. When the paper was con-
cluded, Hunt read a few words on a part of Probert's evidence, in a poor
dejected voice, and then leant his head upon his hand. He was evidently
wasting away minute by minute. His neck-cloth had got quite loose, and his
neck looked gaunt and wretched.
Mr. Justice Park summed up at great length, and Thurtell, with an untired
spirit, superintended the whole explanation of the evidence; interrupting the
judge respectfully but firmly, when he apprehended any omission, or con-
ceived any amendment capable of being made. The charge to the jury oc-
cupied several hours ; and the jury then requested leave to withdraw. Hunt
at this period became much agitated, and as he saw them about to quit the
box, he entreated leave to address them ; but on his counsel learning and com-
municating to the judge what the prisoner had to say, the jury were directed
to proceed to the consideration of their verdict.
During their absence Thurtell conversed unalarmed with persons beneath
and around him : Hunt stood up in the deepest misery and weakness. Twenty
minutes elapsed ; and the return of the jury was announced.
W^hilst way was making through the throng. Hunt leant over the dock, and
searched with an agonized eye for the faces of his dooms-men! As they, one
by one, passed beneath him, he looked at their countenances with the most
hungry agony : he would have devoured their verdict from their very eyes !
Thurtell maintained his steadiness.
The foreman delivered the verdict of Guilty, in tears, and in a tone which
seemed to say, " We have felt the defence — we have tried to find him inno-
cent— but the evidence is too true !" — respecting Thurtell, he uttered with a
subdued sigh, he is guilty.
Thurtell shook not to the last : Hunt was broken down — gone! When
asked why sentence of death should not be passed, the latter said nothing,
so sunk was he in grief; but Thurtell stood respectfully up, inclining over
the dock towards the judge, requesting his merciful postponement of his
death from the Friday to Monday ; not for himself, but for his friends !
Having pressed this on the judge in a calm yet impressive tone, he stood
silently waiting his doom.
The judge had put on his black hat — the hat of death — before this appeal ; he
heard it, and then gave the signal to the crier; Avho spoke out to the breath-
HENRY FAUNTLEROY, ESQ, ' -' ■ 19
less court, those formal yet awful words : " Be silent in the court while sen-
tefice of death is passed upon the prisoners .'" His own voice being the only
sound that broke the silence.
The sentence was passed. The prisoners were doomed. The world was
no longer for them !
Hunt sobbed aloud in the wild ness of his distress; his faculties seemed
thrown down, Thurtell, whose hours were numbered, bore his fate with an
unbroken spirit. While the very directions for his body's dissection were
being uttered, he consumed the pinch of snuff which had to that moment
been pausing in his fingers ! He then shook hands with a friend under the
dock, and desired to be remembered to others ! Almost immediately the
sentence was passed, Wilson handcuffed both the prisoners; and in a few
minutes they were removed.
I confess, says an eyewitness, I myself was shaken. I was cold and sick.
I looked with tumultuous feelings at that desperate man, thus meeting death
as though it were an ordinary circumstance of his life ; and when he went
through the dark door, he seemed to me gone to his fate. It struck me that
death then took him ! I never saw him more.
Thurtell on the drop met his death, as he met his trial, without a tremor.
His life had been one long scene of vice, but he had iron nerves and a sullen
low love of fame, — even black fame, — which stimulated him to be a hero,
though but of the gallows. He had learned his defence by heart, and often
boasted of the effect it would have,
I know it to be a fact, says the eyewitness already quoted, that Thurtell
said about seven hours before his execution, " It is perhaps wrong in my
situation, but I own I should like to read Pierce Egan's account of the great
fight yesterday" (meaning that between Spring and Langan), having just
inquired how it terminated.
Thurtell was executed at Hertford, January the 9th ; but Hunt, in conse-
quence of the pledge made before his confession, was sent to the Hulks at
Woolwich, and afterwards to New South Wales.
HENRY FAUNTLEROY, ESQ.
FOR FORGERY AT THE OLD BAILEY, OCTOBER 30, 1824.
At ten o'clock Mr. Justice Park and Mr. Baron Garrow took their seats
on the bench, accompanied by the lord mayor. The attorney-general en-
tered the court at the same time, and took his seat at the table, next Mr.
Freshfield, the bank solicitor.
At five minutes past ten o'clock Mr. Henry Fauntleroy was conducted to
the bar, between the two city marshals, the head turnkey of Newgate, and
accompanied by Mr. Harmer, his solicitor. He was dressed in a full suit of
black, and the firmness which he displayed in the morning seemed for the
moment to have deserted him, when he was exposed at the bar to the gaze
of the court. His step was tremulous ; his face pale, and much thinner than
when he was first examined at Marlborough-street ; his gray hair had rather
a lighter hue, as if from the mixture of a little powder; he never for a mo-
ment raised his head ; but, placing his hands upon the front of the dock,
stood with dejected mien while the preliminary forms of the trial were
arranging.
The deputy clerk of the arraigns opened the business by addressing the
prisoner at the bar in the usual form, and arraigning him upon seven different
indictments for forgery, in the following manner, the first :
20 -^ HENRY FAUNTLEROY, ESQ.
Henry Fauntleroy — you stand indicted for that you on the 1st of June, in
the 55th year of the late king, in the parish of St. Mary-la-Bonne, did felo-
niously and falsely make and forge, and counterfeit a certain deed, purporting
to bear the name of Frances Younor, for the transfer of £5 150 long annuities
of her moneys in the stocks established by the act of the 5th of the late king
George II., with intent to defraud the said Frances Young of the said stock.
A second count laid the crime, as with intent to defraud the Governor and
Company of the Bank of England.
A third count laid the indictment, as for causing the said instrument to
be forged.
A fourth count, for feloniously uttering and disposing of the said instru-
ment, knowing it to be forged ; and there were three other counts, varying
the mode of specifying the charge, according to the technical subtleties of
pleading. When this abstract of the first indictment was read,
The deputy clerk of the arraigns asked the prisoner, " Henry Fauntleroy,
how say you — are you guilty or not guilty of the said felony ?"
The prisoner, in a faint voice, replied. Not Guilty.
The deputy clerk. How will you be tried ? — The prisoner, still in the
same low tone of voice, and prompted by the Governor of Newgate, answer-
ed, by God and my country.
The prisoner was then successively arraigned on the following six indict-
ments : — the second, for that he, on the 3d of June, in the 55th year of the
late king, in the parish of St. Mary-la-Bonne, did fulsely forge and counter-
feit, and cause to be falsely forged and counterfeited, a certain transfer, pur-
porting to be that of Frances Young, for £5000 of her annuities, with intent
to defraud her. The forgery and fraud were also laid, as in the first indict-
ment, as with intent to defraud the Governor and Company of the Bank of
England. There were counts also for the wilful uttering and disposing of
the same, with a variation of the names alleged to be defrauded.
The third indictment, which was laid in the same technical form as the pre-
ceding, was for forging the transfer of the stock held in the name of T. Lister,
Esq. of Wexford, in Ireland, and uttering the same.
The fourth indictment was for forging a transfer of £3000 stock, also utter-
ed in the same name as the foregoing, on the 16th of December, in the 60th
year of the late king's reign.
The fifth indictment was for forging the transfer of £435 stock, to defraud
the bank and John Grifiiths, on the 30th of June, in the fourth year of the pre-
sent king's reign.
The sixth indictment was for on the same date forging and putting away a
transfer of £500 stock held in the same name; and the seventh indictment
was for forging and uttering, on the 2d November last, a power of attorney
to transfer £5300 annuities, entered in the name of Jacob Tubbs.
To each of these seven indictments the prisoner, in the same subdued tone
of voice, and without raising his eyes from the bar, pleaded Not Guilty, and
put himself for trial upon God and his country.
The reading of these indictments occupied the court twenty-five minutes.
Towards the close of the reading,
Mr. CJurney rose, and applied to the court for permission to have the pri-
soner accommodated with a chair at the bar.
Mr. Jitfiiice Park, The application is, of course, made on the ground of the
prisoner's indisposition.
Mr. Gurney. Certainly, my lord.
Mr. Justice Park. O, then, let him have a chair.
A chair was immediately handed to the ])risoner, who sat upon it at the
right hand corner of the dock, leaning his head upon his hand, and covering
the greater part of his face with a white handkerchief, his whole demeanour
being at this time that of a person labouring under deep despondency.
The attorney-general then rose, and stated the case for the prosecution as
FOR FORGERY. ' '^* 21
follows : — " May it please you, my lords and gentlemen of the jury, — You
have heard during the reading of this indictment, that the prisoner at the bar
stands charged with fraudulently forging and uttering a certain power of at-
torney for the transfer of certain stock entered in the Bank of England in the
name of Miss Frances Young. It is my duty, on the part of the prosecution,
to state to you the circumstances out of which, according to my instructions,
the present prosecution has sprung; and afterwards to lay before you the
evidence which T have to offer in support of this indictment.
" The prisoner at the bar, gentlemen, was well known as a partner in the
banking-house of Marsh, Sibald, and Co., of Berner's-street, which was
established about thirty years ago. His father was a partner in the original
firm — he had previously been an active clerk in a banking-house in the city,
and the partners who established the firm, not being equally men of business
themselves, gave him a share to avail themselves of his practical in-
formation in the management of their affairs. The elder Mr. Fauntleroy
died in the year 1807, and his situation was immediately occupied by his
son, the prisoner at the bar, upon whom, also, for his practical knowledge of
business, and the comparative superiority which he had in this respect over his
co-partners, nearly the whole of the actual business devolved. In the year
1815, Miss Frances Young, of Chichester, became a customer to the firm, and
had then entered in her name, at the bank, the sum of £5450 in what were
called the three per cent, consuls. She gave the firm of Marsh and Co. a
power of attorney to receive the dividends in her name, but gave them no
power whatever to sell or otherwise dispose of the principal. In May, 1815,
however, an application was made at the bank, and represented as having
been so made in behalf of this lady, to sell, by her power of attorney, £5000
of this stock.
"You are probably aware of the forms prescribed by the Bank of England
in transacting the business of these transfers. The applicant goes to the
bank, and obtains a slip of paper, which he fills up with the name of the
party in whose behalf he applies, he describes the stock in the bank, the
amount and particulars required to be transferred, and the name and address
of the person to whom the transfer is to be made. Upon receiving these in-
structions in the form inserted upon the slip of paper, the bank clerk, to whom
it is delivered, hands over a power of attorney, which is to be transmitted
to the person who is to make the transfer, for the purpose of receiving
the requisite signature. It is customary at the bank to preserve these
slips of paper, but in this instance the particular slip has been lost, and
it cannot therefore be said to whom it was delivered, it being usual to
endorse the name of the party on the slip. But the power of attorney, which
was prepared according to the slip so made is referred, with the necessary
attestations of the witnesses. There must be to these powers of attorney two
attesting witnesses, with the description of their respective names and ad-
dresses. This power of attorney purported to be signed by Frances Young,
and that signature would be proved to be a forgery. The attesting witnesses
were John Watson and James Tyson, clerks in the bank of Marsh and Co.,
and their signatures were also forgeries ; for they never transacted any busi-
ness with Miss Frances Young, and never executed any transfer of stock for
her. In all these documents it is required by the bank that the date shall be
set forth in words at length. This is so done in this forged transfer, and it will
be proved to be in the handwriting of the prisoner at the bar in all its parts.
"It must be quite clear, therefore, that the forgery has been committed
either by the prisoner, or with his knowledge. The attesting witnesses are
his clerks, men whose handwriting must have been known to him, and a
forgery of which he must at once have detected if brought to him by a third
party. The practice at the Bank of England was, that when these transfers,
after being duly filled, were executed, they must be deposited for twenty-four
hours with the clerk, for the purpose of being compared with the books, and
.*
22 * '" HENRY FAUNTLEROY, ESQ.
for such other inspection and precaution as were deemed necessary on these
occasions for the security of properly, so far as time and circumstances al-
lowed. After all these preliminary steps, the applicant was further called
upon, before the instrument was completed, to write at the bottom these
words : ' I demand this power to be executed in my name,' signed by the
party. On the 31st of May, or the 1st of June, the prisoner at the bar
attended in person at the bank, and demanded in due form the execution of
the said power of attorney. So that here you will have before you a power
of attorney prepared in the prisoner's handwriting, purporting- to be executed
by Frances Young, purporting to be attested b^y two of his clerks, with
whose handwriting, I repeat, he must have been necessarily acquainted ; and
he himself presenting the instrument, and demanding that it be executed in
the usual manner. But sufficient as this would be to prove the case, it is not
all, for I am about to state to you that we have besides a document of a cha-
racter so extraordinary, so singularly complete in all its parts, as to leave no
possible doubt that the prisoner at the bar was the parly who had committed
the oifence. When the prisoner was taken into custody in his own counting
house, he, in the presence of the officer, locked his private desk, with a key
which was then attached to his watch ; that key was afterwards taken from
him by the officer ; and when the respectable solicitor for the bank, who
conducts this prosecution, went to search the house in Berner's-street, for the
prisoner's papers, to ascertain whatever particulars he could therein find
respecting these transactions, he found in one of the rooms of Messrs. Marsh
and Co.'s bank, in which tin cases, containing title deeds of their customers,
were deposited, and on which the names of the owners were inscribed, one
tin box without a name. This led him to examine it. The key was found in
the prisoner's private desk, which he had himself locked in the presence of
the officer, and on opening this box was found a number of private papers
belonging to the prisoner, and among them the extraordinary document of
which I have apprized you, and which ran thus, all in the handwriting of
the prisoner : —
'" Consols, 11,151/. standing in the name of my trusteeship ,- 3000/. E. W.
Young f 6000/. Consols, General Young,- 5000/. Long Annuities, Frances
Young ; another 6000/.,- Lady Nelson, 11,595/.,- Mrs. Ferrer, 20,000/. 4 per
cents. ; Earl of Ossory, 7000/'. ,• T. Owen, 9 100/. ,- /. W. Parkins, 4000/. ,•
Lord Moyne, 6000/./ P. Moore ait d John Marsh, 21,000.' This paper con-
tained a total of sums considerably exceeding 100,000/., was all written in
the prisoner's handwriting, and these words, in the same hand, followed,
and concluded the facts of the prisoner's guilt. — ' hi order to keep tip the credit
of our house, I have forged powers of attorney, and have thereupon sold out all
these sums, without the knowledge of any of my partners. I have given credit
in the accounts for the interest when it became due.
'■'■ May 7fh, 1816. Signed, Henry Fau7itleroy.''
" These words followed : —
" ' The bank began first to refuse our acceptances, and thereby to destroy the
credit of our house, they shall therefore smart for it.^
"This is the extraordinary document to which I allude, and was there ever
a record of a fraud more intelligible, and yet more negligently kept? There
is no doubt, 1 think, that when the prisoner at the bar drew up this singular
and conclusive document, that he contemplated some intention for which it
was applicable, perhaps to abscond, and protect his partners from any suspi-
cion or participation in his acts. Be the intention, however, what it may, if
to abscond, it was clear the prisoner had subsequently altered his intention;
and at all events, nothing but unaccountable negligence could have prevented
him from afterwards destroying a document of such a nature, and so fatal to
his character. The Bank of England, in consequence of this information,
proceeded to examine the private accounts kept by the prisoner with his firm;
and they there found that the accounts of the parties, whose moneys were
FOR FORGERY. .-' 23
fraudulently transferred, were regularly kept up, and the interest upon the
dividends as regularly carried to them every half year, as if the original stock
remained in being. In the particular case before you, the broker (Mr. Spur-
ling), employed by the prisoner at the bar, sold out the stock in question to
the amount of £2950 2s. Gd. that is, exclusive of the commission for the
sale, which, according tc practice, the broker divided with the firm. This
amount was paid over by the broker to tlie banking-house of Messrs. Marten
and Co., who transacted business for Messrs. Marsh and Co. in the city, and
is regularly noted in the day-book of the latter, by a clerk, by whom the
entry was made at the dictation of the prisoner. But, in further management
of the accounts in passing from the day-book to the private ledger, this sum
appeared to have been carried to Mr. Fauntleroy's private account. The
general produce was, however, afterwards posted, so as to keep up the accounts
according to the original amount intrusted to the bank by the respective cus-
tomers.
You will, gentlemen of the jury, naturally ask yourselves, as this occurred
so far back as the year 1815, how it happened that during the successive
years A^hich have intervened, the dividends could have been so managed by
the prisoner in his accounts, as to escape detection of his partners ] The
fact, however, was, that the prisoner had the entire management for the firm
of their stock-market business. When the dividends became payable, it was
the practice to make out a list for one of the partners to go to the Bank of
England and receive payment. These lists were always prepared by the
prisoner himself, and he always continued so to manage the entry in the
books as to correspond with the nominal amount of stock intrusted to the
firm by their customers. The list was, of course, so made out as to represent
every thing entered in the manner the entries would have stood had the stock
still existed, and sums were always carried on to the accounts, so as to keep
up the delusion. It used to be the custom for Mr. Marsh to go to the bank
and receive the dividends for the firm; he lived in the country, and only
came to town to perform this part of the business : he was, therefore, as to
all the other parts of the arrangement, entirely ignorant, and incapable of de-
tecting the fraud. There is another fact which I think it my duty to explain
to you ; the note of the broker for the sale of this particular stock, which
Mr. Fauntleroy ought, were the transaction a bone fide one, to have transmitted
to the owner, was found amongst his other papers in the private tin box,
which contained the extraordinary document I have already read to you.
These, gentlemen, are the whole of the facts which I undertake to estab-
lish by evidence before you, against the prisoner at the bar. I shall first
prove the forgery, by producing the instrument, and proving, by the parties
whose names are said to be affixed to it, that the signatures are not theirs. I
shall next prove that the handwriting in the body of the instrument is that
of the prisoner himself. I shall then, by the production of the extraordinary
document to which I have alluded, prove that he recorded the act as his ; and
from the accounts it will be clear that they were so continued by him, with
great activity and caution, as to evade the detection of the forgeries, which
he alone could have committed.
/. Tyson sworn. — I have been a clerk seventeen years in the banking-house
of Marsh, Sibbald, and Co. The prisoner, whose father was a partner at
that time, entered the house in the same year, 1807. The firm then consisted
of Mr. Marsh, who resided at Watford, Mr. S. J. Sibbald, Mr. Graham, who
was a colonel in the army, Mr. Stracey, and Mr. Fauntleroy, the father of
the prisoner. In 1807, Mr. Fauntleroy, the father of the prisoner, died (the
prisoner here sighed deeply). I always considered that Mr. Fauntleroy was
the most active partner in the establishment. He transacted most of the
business himself. I remember the execution of a warrant of attorney by the
prisoner in 1815, for the transfer of stock, which stood in the name of Frances
Young, of Chichester, in the three per cent, consols. Miss Young was a
\
24 HENRY FAUNTLEROY, ESQ.
customer, and banked at Marsh, Stracey, and Co.'s (a document Avas put
into the hands of the witness). This is a warrant of attorney, dated 21st of
May, 1818, for the transfer of stock from the name of Miss Young to that of
Mr. Flower, a stock-broker. It purports to be attested by me, and- another
clerk in Marsh and Co.'s bank. It is signed " J. Tyson ;" and after the sig-
nature "J. Tyson," are the words " Clerk to INIessrs. Marsh, 8ibbald, and
Co. bankers, Berners-street." The handwriting is not mine, it is that of
Mr. Fauntleroy ; I have no doubt of it, as I have been accustomed to see iiim
write daily and hourly, for years. There is also the signature " H. Fauntle-
roy" to the power of attorney. It is the handwriting of the prisoner; it is
signed " H. Fauntleroy, banker, Berners-street," as attorney for Miss Young;
the prisoner then lived in Berners-street; the power of attorney is for the trans-
fer of £5450 stock. There was no other James Tyson, a clerk, in the bank.
John Watson sworn. — I have been for twenty-five years a clerk in the
banking-house of Marsh and Co. and up to the failure of the house ; there is
no other John Watson, a clerk, in the house; I see the signature "John
Watson," and the words " Clerk to Marsh, Sibbald, and Co. bankers, Ber-
ners-street," upon the power of attorney, which is now put into my hands;
it is the handwriting of Mr. Fauntleroy. I do not know Miss Young; my
signature is put to this document as an attesting witness to the execution of
the power of attorney. I did not see Miss Young sign the document, as my
attestation purports. I see it is signed " Frances Young, 1815." The signa-
ture and date are in the prisoner's handwriting. I see the demand for the
transfer of the stock : it is in Mr. Fauntleroy's handwriting. The signature
to the demand, " H. Fauntleroy," is the handwriting of the prisoner. The
words, " I demand the transfer of stock from Frances Young to Flower,
Gent, stock-broker," &c. are the handwriting of Mr. Fauntleroy.
Robert Browninu; sworn. — I am a clerk in the Bank of England, in the three
percent, consols office, and have been for twenty years. I see this power of
attorney now put into my hands, dated 1st of June, 1815. My name is upon
the document as the subscribing witness. I remember the prisoner bringing
the power of attorney to the bank, and demanding to act as attorney for Miss
Young. I see the words " I demand to act," they are written by the pri-
soner, and his signature is afiixed. I saw the prisoner write the words " H.
Fauntleroy," to the demand, and my signature follows as a witness to the
demand. I am sure I saw the prisoner sign it. He wrote the demand, and
signed it in my presence in the sixth division in the consols office. The
office is divided into different departments. I have the bank book in which
the transfer of consols is entered. By referring to the day in question, the
1st of June, 1815, I found an entry of consols in the name of Miss Frances
Young, of Chichester. On that day. Miss Young had the sum of £5450
three per cent, consolidated annuities standing in her name. I have seen the
book in which transfers of stock are entered. I hold it in my hand.
Mr. Attorney-general. — Before you look at the transfer book, say if
the amount of stock transferred, entered in that book, is signed by the person
transferring if?
It is always signed by the person making the transfer.
The Attorney-general. — Now, sir, see if there is an entry in that book of
the transfer of £5450 stock from Miss Young to Flower, stock-broker,
on the 1st of June, 1815, and if it is signed, and by whom?
Witness. — I find an entry of £5450 stock, transferred from the name of
Francis Young, to Flower, Gent, stock-broker. I find the name of Henry
Fauntleroy, as attorney of Frances Young, spinster, of Chichester. The
date "1st of June," and the signature, " H. Fauntleroy," are the projier
handwriting of the prisoner, and were written by him in my presence. My
name, as the attesting witness, is written in the margin. The name of
the broker appears also to the transfer, thus, " Wm. Flower, Stock Ex-
change."
■ -" FOR FORGERY. 25
The counsel for the prosecution then called evidence to show that the
bank had replaced the stock of which Miss Young had been defrauded by
the prisoner's forging the warrant of attorney; it bein^ absolutely necessary
to show that she had no interest in the prisoner's conviction before she could
be allowed to prove that her signature to the warrant of attorney was a for-
gery
3Ess Frances Young sworn. — She stated — I resided in Chichester, in the
year 1815, and Messrs. Marsh, Sibbald, and Co. of Berners-street, were my
bankers. In the year 1815, I had the sum of £5450 stock, in the three per
cent, consols; Messrs. Marsh and Co. received the dividends for me. I in-
vested a further sum of £100 a short time since. I received from Marsh and
Co. regularly the dividends of £5450 up to the period when I made the last
purchase, and after that time I received a dividend upon £5550. I never au-
thorized Marsh and Co. to sell any part of the stock for me; I never autho-
rized the prisoner to make a transfer of it. [A paper was put into the hands
of witness.] I see the signature " Frances Young," to this transfer; it is
not my handwriting.
Br/ the Judge. — 1 never gave authority to any one to transfer the stock.
By the Jttoimey-general. — I was not in London in May or June, 1815. I
was in Chichester.
Mr. James Tyson, clerk of Marsh and Co — It was usual for Mr. Marsh,
the senior partner in the bank, to go to the Bank of England to receive the
dividends. Mr. Marsh lived in the country, and usually came to London for
that purpose. It was the practice for a list of the dividends to be made out,
and for Mr. IMarsh to take it to the bank. The list was usually made out by
Mr. Fauntleroy ; in fact, I believe, he always made out the list. The list
contained the names of the parties to whom the dividends were due, and the
sums they were entitled to, and which Mr. Marsh was to receive. [A list
shown to the witness.] This is the list of the July dividend in consols, in
1824. It is endorsed by Mr. Fauntleroy, the prisoner at the bar, thus, " three
per cent, consols, July, 1824, Marsh, Stracey, and Co.' I am positive the
endorsement is the prisoner's handwriting. The list contains names, and
sums opposite to them. The whole are written by Mr. Fauntleroy. The
list is alphabetical. The red figures are in the handwriting of the bank
clerk. In the list under the letter Y, is inserted the name " Frances Young,"
and the sum opposite the name is £5450. When Mr. Marsh received the
dividends, he paid then to Mr. Fauntleroy, who kept an account.
Cross-examined. — This money is placed to the credit of Mr. Fauntleroy, in
his private account. The sums are very large ; to the amount of £50,000.
I don't know whether the money found its way into the funds of the bank, as
that rests with the partners themselves. I don't know whether they were
drawn out on Mr. F.'s account ; Marten and Co. were our city bankers ;
they received this money ; Mr. Stracey would know whether this was ap-
plied to Fauntleroy's account or not; but the clerks know nothing of it.
It was the custom to make entries to initials. We were merely ordered to
make an entry of them in the ledger.
John Henry Spurliiig. — In 1815 I was clerk to Mr. Soloman, who was
stock-broker to Marsh and Co. On the 1st of June, I sold out the sum of
£5000 consols for Miss Young, of Chichester. It is entered in the book.
The amount of the money produced by the sale was £295r) 5s. Then de-
ducting one per centage, there was left £2950 2s. 6d. The amount was
paid on the 1st of June, with my draft, to the account of Marsh and Co. at
the banking-house of Marten and Co. I delivered the note of the sale to
Marsh and Co.
The note of sale was now put in.
Samuel Plank. — I am a police officer, of Marlborough-street office. I ap-
prehended the prisoner the 10th of September, at his banking-house, in Ber-
ners-street. There was a desk in the room where the prisoner was, which
C 4
<.V
26 HENRY FAUNTLEROY, ESQ.
he locked after I went in. He knew I had come to apprehend him. The
key with which he locked it, I took from his watch at Marlborough-street ;
I delivered it to Mr. Freshfield. I went with Mr. Freshfield afterwards to
the banking--house, and searched the desk with Mr. Freshfield. There was
a private drawer in the desk, and from it I took some more keys. There
were papers there, and they were brought away by me. The prisoner was
examined that day. The keys found in the desk were kept in my possession
till after the examination. When I went, after the examination, to the bank
with Mr. Freshfield, we found two boxes. " Fauntleroy" was on one of
them. I tried them with the keys, and they opened them ; after that I locked
the boxes, and delivered the keys to Mr. Freshfield ; the boxes were taken
away by Mr. Freshfield in a coach.
Mr. Freshjield, the bank solicitor. — I went to the house of Marsli and Co.
with the officer, the day the prisoner was apprehended ; I made search there.
I received a key from Plank the ofiicer ; it opened the private desk of the
prisoner; in the desk were found some other keys. After the examination I
returned to the banking-house, and in a room at the back of the partners'
room, I found two boxes; one had the name of " Fauntleroy" upon it. There
was another box by it. I desired the ofllcer to try the box with the keys,
that I might not take the box of any other person than the prisoner. He did
so; and finding from the papers that it belonged to the prisoner, I took it
home with me. In the course of the same night I went through the whole
of one, and half of the other. One contained a number of deeds, probates of
wills, letters of administration, and official documents. In the other, there
were a great number of memorandums, and diaries; also, the sale note pro-
duced. He found also the paper I now hold (the paper alluded to by the
attorney-general in his opening speech).
Mr. Justice Fark. — Prisoner, the case on the part of the prosecution being
now closed, and your counsel having examined the witnesses ; they not being
permitted to make a speech for you, you may, if you wish, say any thing
you think proper to the jury or to me.
Mr. Fauntleroy then rose, and drawing a paper from his bosom, said, " My
lord, I will trouble you with a few words." Then, wiping away a tear
which forced itself down his pallid cheek, he proceeded, in a very low, and
sometimes hardly audible voice, to the following effect: —
My Lords and Gentlemen of the Jury, — Overwhelmed as I am by the situa-
tion in which I am placed, and being uninformed in what manner I should
answer the charges which have been alleged against me, I will endeavour to
explain, so well as the poignancy of my feelings will enable me, the embar-
rassments of the banking-house in which I have been for many years the
active and only responsible partner, and which have alone led to the present
investigation ; and although I am aware I cannot expect to free myself from
the obloquy brought upon me by my anxiety to preserve the credit and re-
spectability of the firm, still I trust that an impartial narrative of the occur-
rences will obtain for me the commiseration of the well-disposed part of
the community.
Anticipating the court will extend its indulgence to me, I will respectfully
submit such observations as I think will tend to remove from influenced
minds those impressions, which with sorrow I say must have been made
upon them by the cruel and illiberal manner which the public prints have
falsely detailed a history of my life and conduct, hoping therefrom I may
deserve your compassion, although I may be unable to justify my proceed-
ings, and secure my liberation by a verdict of the jury : yet they may be
considered, in the mercy of the court and a discerning public, as some extenu-
ation of the crimes with which I stand arraigned.
With this object it is necessary that I should first state, shortly, the circum-
stances under which I have been placed during my connexion with Marsh
and Co.
FOR FORGERY. ' 27
My father established the banking-house in 1792, in conjunction with Mr.
Marsh and other gentlemen. Some of the partners retired in 1794, about which
time a loss of £20,000. was sustained. Here commenced the difficulties of
the house. In 1796, Mr. Stracey and another gentleman came into the firm,
with little or no augmentation of capital.
In 1800, I became a clerk in the house, and continued so six years, and
although during that time I received no salary, the firm were so well satisfied
with my attention and zeal for the interest and welfare of the establishment,
that I was handsomely rewarded by them. In 1807 my father died; 1 then
succeeded him ; at this time I was only twenty-two years of age, and the
whole weight of an extensive but needy banking establishment at once de-
volved upon me, and I found the concern deeply involved in advances to
builders and others, which had rendered a system of discounting necessary,
and which we were obliged to continue in consequence of the scarcity of
money at that time, and the necessity of making further advances to those
persons to secure the sums in which they stood indebted.
In this perplexed state the house continued until 1810, when its embarrass-
ments were greatly increased, owing to the bankruptcies of Brickwood and
others, which brought upon it a sudden demand for no less a sum than
£170,000, the greater part being for the amonnt of bills which our house had
accepted and discounted for these parties, since become bankrupts.
About 1814, 1815, and 1816, from the speculations with builders, brick-
makers, &c. in which the house was engaged, it was called upon to provide
funds to nearly £100,000, to avert the losses which would otherwise have
visited it from those speculations.
In 1819, the most responsible of our partners died, and we were called upon
to pay over the amount of his capital, although the substantial resources of
the house were wholly inadequate to meet so large a demand.
During these numerous and trying difficulties the house was nearly without
resources, and the whole burthen of management falling upon me, I was
driven to a state of distraction, in which I could meet with no relief from my
partners, and, almost broken-hearted, I sought rosources where I could, and
so long as they were provided, and the credit of the house supported, no
inquiries were made, either as to the manner in which they were procured, or
as to the sources from whence they were derived.
In the midst of these calamities, not unknown to Mr. Stracey, he quitted
England, and continued in France, on his own private business, for two
years, leaving me to struggle as well as I could with difficulties almost insur-
mountable.
Having thus exposed all the necessities of the house, I declare that all the
moneys temporarily raised by me were applied, not in one instance for my
own separate purposes or expenses, but in every case they were immediately
placed to the credit of the house in Berners-street, and applied to the payment
of the pressing demands upon it. This fact does not rest on my assertion,
as the transactions referred to are entered in the books now in the possession
of the assignees, and to which I have had no access since my apprehension.
These books, I understand, are now in court, and will confirm the truth
of my statement; and to whatever account all the sums may be entered,
whether to that of stock, of exchequer bills, or to my private account, the
whole went to the general funds of the banking-house.
I alone have been doomed to suffer the stigma of all the transactions ; but,
tortured as I have been, it now becomes an imperative duty to explain to
you, gentlemen, and through you to the world at large, that the vile accusa-
tions heaped upon me, known to be utterly false by all those who are best
acquainted with my private life and habits, have been so heaped upon me for
the purpose of loading me with the whole of the obloquy of those transactions,
from which, and from which alone, my partners were preserved from bankrupt-
cy. I have been accused of crimes I never even contemplated, and of acts of
> '
28 HENRY FAUNTLEROY, ESQ.
profligacy I never committed ; and I appear at this bar with every prejudice
against me, and almost prejudged. To suit the purposes of the persons to
whom I allude, I have been represented as a man of prodigal extravagance ;
prodigal indeed I must have been, had I expended those large sums which
will hereafter be proved to have gone exclusively to support the credit of a
tottering firm, the miseries of which were greatly accelerated by the drafts
of two of its members to the amount of nearly £100,000.
I maintained but two establishments, one at J3righ ton, where my mother and
my sister resided in the season, the expenses of which to me, exclusive of my
wine, were within £400 per annum. One at Lambeth, where my two children
lived, from its very nature private and inexpensive, to which I resorted for
retirement, after many a day passed in devising means to avert the embar-
rassments of the banking-house. The dwelling house in Berners-street
belonged solely to my mother, with the exception of a library and a single bed-
room. This was the extent of my expenditure, so far as domestic expenditure
is concerned. I am next accused of being an habitual gambler, an accusation
which, if true, might easily account for the diffusion of the property. I am,
indeed, a member of two clubs, the Albion and the Stratford, but never in
my life did 1 play in either, at cards or dice, or any game of chance ; this is
well known to the gentlemen of these clubs ; and my private friends with
whom I have more intimately associated, can equally assert my freedom from
all habit or disposition to play. It has been as cruelly asserted that I fraudu-
lently invested money in the funds to answer the payment of annuities,
amounting to £'2200, settled upon females. I never did make any such
investment ; neither at home nor abroad, in any funds whatever, have I any
investment ; nor is there one shilling secretly deposited by me in the hands
of any human being. Equally ungenerous, and equally untrue it is, to charge
me with having lent to loose and disorderly persons large sums which never
have, and never will be repaid. I lent no sums, but to a very trifling amount,
and those were advanced to valued friends. I can, therefore, at this solemn
moment, declare most fervently, that I never had any advantage beyond that
in which all my partners participated, in any of the transactions which are now-
questioned. They, indeed, have considered themselves as partners only in
the profits, and I am to be burthened with the whole of the opprobrium
that others may consider them as the victims of my extravagance. I
make this statement, not with a view to criminate others, or to exculpate
myself; but borne down as I am by calamit)^, I will not consent to be held
out to the world as a cold-blooded and abandoned profligate, ruining all around
me for the selfish gratification of vice and sensuality, and involving even my
confiding partners in the general destruction.
Gentlemen, I have frailties and errors enough to account for. I have suf-
ferings enough past, present, and in prospect ; and if my life was all that was
required of me, I might endure in silence, though I will not endure the odium
on my memory of having sinned to pamper delinquencies to which I never
was addicted. Thus much has been extorted from me by the fabrications
which have been cruelly spread amongst the public, that very public from
whom the arbiters of my fate were to be selected. Perhaps, however, I ought
to thank the enemy who besieged the prison with his slanders — that he did
so while my life was spared to refute them, and that he waited not until the
grave to which he would hurry me, had closed at once on my answer and my
forgiveness. There is one subject more connected with these charges to
which I am compelled to advert, and I do so with great reluctance. It has
added to the other charges made against me, lest the world should think there
was any vice in which I was not an adept. I have been accused of actincr
treacherously towards the female who now bears my name, having refused to
make reparation until threatened by her brother, and of having deserted her
at a moment when she had the greatest claim on my protection. Delicacy
forbids me entering into an explanation on this subject further than to declare,
.\
Mm> .*-.,- FOR FORGERY. ' 29
that the conduct I adopted on that occasion was uninflaenced by the interfe-
rence of any individual, and arose, as 1 then considered, and do still consider,
from a laudable and honourable feeling on my part ; and the lady's brother,
so far from coming forward at the time alluded to, was on service in the
West Indies. Could all the circumstances be exposed, I feel convinced that
every liberal-minded man would applaud my determination ; and I feel satis-
faction in stating, that the lady in question has always been, and still is,
actuated by the best of feelings towards me.
I have now only to apologize to the court for having entered so much at
length into the statement of my unfortunate case; and in conclusion, I have
to express my perfect confidence, that it will receive every favourable consi-
deration at your hands ; and I fully rely that you, gentlemen of the jury, will
give an impartial and merciful decision. —
The prisoner, having concluded his address, sat down, evidently exhausted
by the effort, and overcome by his feelings. A glass of water was brought
to him, of which he took a little ; and while the witnesses to his character
were examining, he leant his head on his hand, in which he still held his
handkerchief in a manner to cover his face, as if unwilling to be seen by his
former friends. While they were giving their evidence he often appeared to
weep.
The following witnesses were called to the prisoner's character, and ex-
amined by Mr. Gurney.
Mr. John Wilson knew Mr. Fauntleroy about sixteen years, during the
whole of which time he maintained an unspotted character; he always consi-
dered him a man of the strictest integrity.
Sir Charles Forbes had known Mr. Fauntleroy twelve years, and always
considered him an honourable and obliging gentleman, and an upright man
of business.
Mr. Gray knew him fifteen years, and always considered him deserving of
the highest esteem and respect.
Mr. Bolt knew Mr. Fauntleroy twenty-seven years, and always esteemed
him a kind, an honourable, and an upright man.
Mr. James Robinson knew him eleven years, during which time he main-
tained as high a character as man could possess.
Mr. Wand was acquainted with Mr. Fauntleroy eleven years ; his character
was most excellent.
Mr. Lindsay knew Mr. Fauntleroy ten or twelve years ; he did not know a
man who appeared to possess more kind or honourable feelings.
Mr. Anthony Browne was acquainted with him sixteen or seventeen
years, and always entertained the highest opinion of his honour and integrity.
Mr. Wyatt had Known Mr. Fauntleroy twelve years; he was a most hon-
ourable, kind-hearted, and benevolent man.
Mr. Montreal knew Mr. Fauntleroy twelve years; he was a most benevo-
lent man, and had the highest character for integrity,
Mr. Montague was acquainted with Mr. Fauntleroy upwards of twelve
years, and never knew a more kind-hearted and humane man. His charac-
ter was most excellent.
Mr. Vernon was acquainted with him sixteen years; he always had the
character, and appeared to be a very kind and a very honourable man.
Mr. Ross knew Mr. Fauntleroy fourteen years ; he had the character of
being strictly honourable and upright.
Mr. Church knew Mr. Fauntleroy twelve years, and had much dealing
with him. He was always strictly honourable and upright in all his trans-
actions with witness, and had universally the character of the strictest inte-
grity and honour.
Mr. Yatman was acquainted with him twelve years; he always possessed
a character of the highest excellence.
c2
30 HENRY FAUNTLEROY, ESQ.
Mr. Boshriel was acquainted with Mr. Fauntleroy fifteen years, and always
considered him a perfectly honest and honourable man.
Mr. Justice Park now commenced his charge to the jury. The prisoner,
he said, was indicted for forg-ing a power of attorney, for the transfer of stock
helonging to Miss Frances Young ; and for uttering such power of attorney
knowing it to be forged. There were other counts in the indictment, charg-
ing the prisoner with an intent to defraud the Bank of England, and also a
person of the name of Flower, to whom the transfer was made. The forgery
they might put out of their consideration, as there was no evidence of its
having been committed in London ; and they, as a London jury, could not
try a prisoner for any crime not committed in the city ; but if they should
think that the count which charged the prisoner with uttering the forged
power of attorney at the Bank of England, which was in the city of London,
knowing it to be forged, finding him guilty on that count was the same in
its legal etfect as if he were found guilty on all the counts in the indictment.
The attorney-general and the prisoner had both called on them to dismiss
all reports from their minds ; and he, ]\Ir. .Justice Park, had allowed the
prisoner to proceed in the statement he had made in answer to those cruel
charges, though that statement did not go at all to the point of the case to be
decided, as the only question for their consideration was, whether the pri-
soner uttered the power of attorney given in evidence in the manner imputed
to him ] That question contained three points ; the first was, was that in-
strument forged? the second, did the prisoner utter if? the third and
most important, did the prisoner at the time of uttering it know it to be
forged 1 If they were satisfied by the evidence that those three things were
proved, then the prisoner's guilt was legally proved, and it would be their
duty to find a verdict in conformity with that evidence. The jury had heard
other indictments against the prisoner read, but they must put them out of
consideration, as they were only to attend to the case on which they had
heard evidence : but if they Avere satisfied, by the evidence they had heard,
that the crime imputed to the prisoner had been proved, if he had the charac-
ter of an angel, it would be their duty to find him guilt)\
The jury then retired to deliberate on their verdict. During their absence,
which lasted for twenty minutes, Mr. Fauntleroy resumed his seat, and appear-
ed extremely affected. A sudden rush of the crowd at the door of the court
announced the return of the jury. The prisoner stood up to hear his awful
sentence. Whilst the clerk of the arraigns called over the names of the jury,
and repeated the formal words of the law — " How say you : are you agreed upon
your verdict? is the prisoner at the bar Guilty, or Not Guilty ?" the most in-
tense interest was manifested by every person present. The foreman replied,
" Guilty of uttering the forged instrument, knowing it to he forged^
A short conference then took place between the bench and the counsel for
the prosecution, and referred to the propriety of proceeding with other indict-
ments. Upon its conclusion,
Mr. Justice Park addressed the prisoner. " Henry Fauntleroy, the learned
attorney-general does not feel it necessary, in the discharge of his public
duty, to proceed further with the indictments which have been preferred
against you. It is no part of my painful duty to pronounce the awful sen-
tence of the law, which must follow the verdict which has just been recorded.
That unpleasing task will devolve on the learned recorder, at the termination
of the sessions ; but it is a part of my duty, as a Christian magistrate, to implore
you that you bethink yourself seriously of your latter end. According to the
constitution of this country, the prerogative of mercy is vested in the crown.
With that I have nothing to do. I do not say that in your unhappy case the
extension of mercy is impossible; but I am afraid that, after the many
serious acts which, under your own handwriting, have been proved against
you, involving so many persons in ruin, you would only deceive yourself by
indulging in any hope of mercy on this side of the grave. Let me then
FOR FORGERY. ' ^ 31
beseech you to turn your heart to the contemplation of your awful situation,
and whilst it is yet in your power, use all your exertions to make peace with
your God."
On November 2d, Mr. Fauntleroy was brought up to receive his sentence,
when the deputy clerk of the arraigns said, turning to the prisoner : " You,
Henry Fauntleroy, stand convicted of uttering as true, a deed, well knowing
it to be forged. What have you to say why you should not be sentenced to
die, according to the law ?"
Mr. Alley, counsel for the prisoner, then observed, that the prisoner had
not been found guilty generally on the counts of the indictment, but simply
on that which laid to his charge the uttering a forged power of attorney,
knowing it to be forged. If the verdict had been a general one, he should
not have troubled the court with the present argument, for there was an
express law making the act of forgery a capital crime. Until the reign of
George the Second, no forgery had been capital, owing most probably to the
small circulation of paper up to that time, and it was then made capital to
forge or counterfeit any power of attorney, to convey fraudulently any share
or portion of stock. This then did not extend to the act of uttering, and yet
this was a law made for the protection of the Bank of England. He con-
sidered this point so clear, that no warpingor torturing of language could turn
it from the interpretation he put upon it. Subsequently to this, by the 2d
George H. it was made capital to forge or utter any bill, bond, note, will,
testament, security, or deed ; but here there was no mention made of a power
of attorney, unless, indeed, it was to be argued, that this instrument was
included in the word deed. If, however, this pretence was set up, he thought
that he had it in his power to remove any such objection; this act originally
extended to offences against individuals. It was afterwards enlarged so as
to include all companies and corporations. This was how the law then
stood, and he thought that it was never intended by those laws to include an
offence of this kind ; it was on this he should rest his argument, so that this
unfortunate gentleman should not be called upon to suffer the sentence of
death. By the 57th George III. it was enacted that it should be capital to
forge a power of attorney to receive the wages of seamen, or to make use of
such power with intent to defraud. This was an additional proof that the
word deed in 2d of George II. did not apply to letters of attorney ; for, if it
had, this new act would have been superfluous ; and it was a curious fact,
that it was not till after those two acts of parliament that any such thing
was known as the three per cents., in which this forgery had been com-
mitted, so that these acts could not have been meant to apply to them.
Mr. Justice Garrow observed, that a reference to dates would easily settle
this matter.
Mr. Alley continued — If he was right on that point, it was quite clear that
the legislature had provided no protection for this property. But to return
to the word deed, which occurred in the 2d George II. he held, that for an
instrument to come within the meaning of that word, it was necessary that it
should be per se a security for money, such as a bill or a bond ; but a power
of attorney was, in fact, no such security; its only value was in reference to
something else, and was in itself intrinsically good for nothing. The only
securities protected by this law were money securities, which as paper had
become in so eminent a degree the circulating medium, it was thought neces-
'sary specially to protect ; but this was all that was contemplated, as might be
gathered from the provision made for letters of attorney in the peculiar case
of seamen's wages, in the 57th George III. ; an act which was drawn up by
the law officers of the crown, who would hardly have wasted both the time
and money of the country, ii^ they had thought that that species of instru-
ment was already provided for.
Mr. Broderick said, the terms only mentioned the uttering, but doubtless
that included the disposing. Our motive, therefore, is not that no judgment
32 • HENRY FAUNTLEROY, ESQ.
can be pronounced, but that judgment of death cannot be passed ; the only
statute under which the prisoner is liable, is one which inflicts only the
punishment of transportation, and to this point he wished to give all his
weight of argument. The 2d George II. enacted, that if any person forged or
caused to be forged any deed, or uttered or published as true any such forged
deed, it should be a capital oftence ; by the 31st of George 11. this was ex-
tended to corporations, in consequence of the case of Harrison. The only
question, therefore, was, whetlier this power of attorney was a deed within
the meaning of the act ; and if he could show that the legislature itself did
not consider it so, he trusted it would be a strong ground for convincing his
lordship. By the 8th George I. the capital punishment is confined to the
forging alone, and not to the uttering. This, therefore, certainly was not
within the range of the indictment ; the 2d of George II. extended the capital
punishment to uttering, but neither of these acts use the term " letter of
attorney ;" the 57th of George III. makes the forging a letter of attorney for
seamen's wages capital ; but what would have been the use of an express act
to make this capital, if all powers of attorney were included iu the 2d
George II. in the word deed? He now came to the only act under which the
prisoner could be sentenced, viz. that of .S7th of George III. c. 122, and
this awarded transportation for seven years, if the names of the attesting
witnesses were forged to a power of attorney. Here, then, they got the
words power of attorney in an act of legislature ; and he considered this
as a tacit declaration that a power of attorney was not included in the former
word deed.
Mr. Sergeant Bosanquet, in reply, said, it had been stated, that this prose-
cution was different to most others in the manner in which the indictment
had been framed. He could only say in reply, that since he had had the
honour to assist the bank in its prosecutions, the indictments had been
framed in the same way as the one upon which the unfortunate prisoner had
been convicted. In the very last instance of a conviction for forging a power
of attorney, alluded to in the case of Mr. Waite of Bristol, the indictment
was drawn up under the same act of parliament, and framed in the same
way, except with this difference, that in that case there was no charge of
forgery at all in the indictment: the different counts confined the charge
solely to the uttering the instrument. The reason this was done was because
the power of attorney had been forged in Bristol, and therefore there was no
ground for charging him with the forgery in London. The case of the un-
fortunate Mr. Waite was precisely similar to the charge against the prisoner;
and after a most able argument, the conviction was good, and Mr. Waite un-
derwent the sentence of the law.
Mr. Law followed on the same side, and at considerable length, when Mr.
Justice Garrow said, that the awful period of time had now arrived in which
it was to be decided whether the sentence of the law should be passed on the
unfortunate man at the bar. The case had already met, in the progress of
his trial, with all the attention and all the patience of his learned brother, and
it was now his duty to say, that of the propriety and legality of the sentence
then passed he did not entertain the slightest doubt. He was now bound to
say, that, for his own part, he did not entertain a doubt upon the subject : the
record bore upon the face of it the oftence clearly made out — that of uttering,
knowing it to be forged, the signature of Frances Young. This was, un-
doubtedly, a violation of the statute enacted for the punishment of uttering a
forged deed, knowing it to be forged.
The clerk of the arraigns then began the names of the other prisoners
cast for death, when Mr. Fauntleroy interrupted him, by reading a speech
from a written paper, in which he implored his lordship's interference for
royal mercy.
The recorder then passed sentence of death on Mr. Fauntleroy, in the
usual terms.
ANNA SCHONLEBEN. * 33
The Recorder. — If the prisoner that read a paper to the court is desirous
that the petition should be presented to his majesty's council, I will take care
that such is the case.
Several petitions were accordingly presented in behalf of the prisoner,
amonor which was one from his "wife ; but these failing in their object, he
was executed on October 30th. ....... ..
ANNA SCHONLEBEN, ^V
(germany,) for poisoning.
In 1808, a widow, about fifty years old, resident at Pegnitz, and bearing
the name of Anna Schonleben, was received as housekeeper into the family
of the Justiz-Amptmann Glaser, who had for some time previous been living
separate from his wife. Shortly after the commencement of her service,
however, a partial reconciliation took place, in a great measure effected
through the exertions of Schonleben, and the wife returned to her husband's
house. But their reunion was of short duration, for in the course of four
weeks after her return, she was seized with a sudden and violent illness, of
which, in a day or two, she expired.
On this event Schonleben quitted the service of Glaser, and was received
in the same capacity into that of the Justiz-Amptmann Grohmann, then
unmarried. Though only thirty-eight years of age, he was in delicate health,
and had suffered severely from the gout, so that Schonleben had an oppor-
tunity of showing, by the extreme care and attention which she bestow-ed
upon his comforts, her qualifications for the office she had undertaken. Her
cares, however, it seemed were unavailing; her master fell sick in spring,
1809, his disease being accompanied with violent internal pains of the sto-
mach, dryness of the skin, vomiting, &c., and he died on the 8th May, after
an illness of eleven days. Schonleben, who had attended him with unre-
mitting attention during his illness, administering all his medicines with
her own hand, appeared inconsolable for his loss, — and that of her situation.
The high character, however, which she had acquired for her prudence,
care, and gentleness as a sick-nurse, immediately procured her another in the
family of the Kammer-Amptmann Gebhard, whose wife was at that time
on the point of being confined. This event took place on the 13th May,
shortly after the entry of the new housekeeper, who made herself particu-
larly useful, and mother and child were going on extremely well, when on
the third day after the birth, the lady was seized with spasms, internal heat,
violent thirst, vomiting, &c. In the extremity of her agony, she frequently
exclaimed that they had given her poison. Seven days after her confinement
she expired.
Gebhard, the widower, left without any one to take the management of his
domestic affairs, thought that, in the mean time, he could not do better than
retain in his service the housekeeper, who, during his wife's illness, had
distinguished herself so much by the zeal and assiduity of her attentions to
the invalid. Some of his friends attempted to dissuade him from retaining
an inmate, who seemed by some fatality to bring death into every family
with which she became connected ; but Gebhard, who was not of a super-
stitious turn, laughed at their apprehensions, and Schonleben remained in
his house, now invested with almost unlimited authority.
During her residence here, many circumstances occurred, which, though
at the time they excited little attention, were subsequently recollected and
satisfactorily established. These will be hereafter alluded to : meantime
5
34 ANNA SCHONLEBEN,
we proceed to that which first directed suspicion against her. Gebhard had,
at last, by the importunity of a friend, who (from what ground he did not
explain) had advised him to dismiss his housekeeper, been prevailed on to
take his advice, and had communicated as gently as possible his resolution
to Schonleben herself. She received it without any observation, except an
expression of surprise at the suddenness with which he had changed his
mind, and the next day was fixed for her departure for Bayreuth. Meantime
she bustled about as usual, arranged the rooms, and filled the salt-box in the
kitchen, observing that it was the custom for those who went away to do so
for their successors. On the morning of her departure, as a token of her
good-will, she made coflTee for the maids, supplying them with sugar from a
paper of her own. The coach, which her master had been good-natured
enough to procure for her, was already at the door. She took his child, now
twenty weeks old, in her arms, gave it a biscuit soaked in milk, caressed it,
and took her leave. Scarcely had she been gone half an hour, when both
the child and the servants were seized with violent retching, which lasted
for some hours, leaving them extremely weak and ill. Suspicion being now
at last fairly awakened, Gebhard had the salt-box examined which Schon-
leben had so officiously filled. The salt was found strongly impregnated
with arsenic. In the salt barrel also, from which it had been taken, thirty
grains of arsenic were found, mixed with about three pounds of salt.
That the series of sudden deaths which had occurred in the families in
which Schonleben had resided, was owing to poison, now occurred to every
one as clear ; and they almost wondered how so many circumstances could
have passed before their eyes without awakening them to the truth. During
her residence with Gebhard, it appeared that two visiters who had dined with
her master, in August, 1809, were seized after dinner with the same symp-
toms of vomiting, convulsions, spasms, &c. which had affected the servants
on the day of Schonleben's departure, and of which the more unfortunate
mistress of the family had expired ; that on one occasion she had given a
glass of white wine to Rosenhauer, a servant who had called with a message,
which had occasioned similar symptoms, so violent indeed as to oblige him
for a day or two to confine himself to bed ; that on another, she had taken a
lad of nineteen, Johann Kraus, into the cellar, where she offered him a glass
of brandy, which, after tasting and perceiving a white sediment within it, he
declined ; that one of the servants, Barbara Waldmann, with whom Schon-
leben had frequent quarrels, after drinking a cup of coffee, was seized with
exactly the same symptoms as her companions : and what, perhaps, appeared
the most extraordinary of all, that at a party given by her master on the 1st
September, having occasion to send her to his cellar for some pitchers of
beer, he himself, and all the guests that partook of it, five in number, were
almost immediately afterwards seized with the usual spasms, sickness, &c.
which seemed to accompany the use of those liquids whenever they were
dispensed by Schonleben.
Although from the long period which had elapsed since the death of those
individuals, whose fate there was reason to suppose had been so prematurely
accelerated by this smooth-faced poisoner, there was no great probability that
any light would be thrown upon these dark transactions by an inspection of
the bodies, it was resolved on at all events to give the matter a trial. The
result of this ghastly examination, however, was more decisive than could
have been expected ; all the bodies exhibited in a greater or less degree those
appearances which modern researches into the effects of poisons have shown
to be produced by the use of arsenic; and in one of them in particular, that
of the wife of Glaser, the arsenic was still capable of being detected in sub-
stance. On the whole, the medical inspectors felt themselves warranted in
concluding, that the death of at least two individuals out of the three had
been occasioned by poison.
Meantime Schonleben had been living quietly at Bayreuth, seemingly
FOR POISONING. 35
quite unconscious of the stornri which was gathering around her. Her finish-
ed hypocrisy even led her, while on the road, to write a letter to her late
master, reproaching him with his ingratitude in dismissing one who had been
a protecting angel to his child ; and in passing through Nurnberg, to take up
her residence with the mother of her victim, the wife of Gebhard. On,
reaching Bayreuth she again wrote more than once to Gebhard ; the object
of her letters evidently being to induce him again to receive her back into
his family. She made a similar attempt on her former master Glaser, but
without success. While engaged in these negotiations the warrant arrived
for her apprehension, and she was taken into custody on the 19th October.
On examining her person three packets were found in her pocket, two of
them containing fly-powder, and the third arsenic.
For a long time she would confess nothing ; evading with great ingenuity,
or resisting with obstinacy every attempt to obtain from her any admission
of her guilt. It was not till the 16th April, 1810, that her courage gave way,
when she learned the result of the examination of the body of Glaser. Then
at last, weeping and wringing her hands, she confessed that she had on two
occasions administered poison to her. No sooner had this confession been
uttered, than she fell to the ground " as if struck by lightning," says Feuer-
bach, and was removed in strong convulsions from the chamber.
We shall condense into a short connected statement the substance of the
numerous examinations which this wretch subsequently underwent, and of
the information acquired from other sources by which her statements were in
many particulars modified, and in some points refuted. Born in Nurnberg
in 1760, she had lost both her parents before she reached her fifth year. Her
father had possessed some property, and till her nineteenth year she remained
under the charge of her guardian, who was warmly attached to her, and be-
stowed much care on her education. At the age of nineteen she married,
rather against her inclination, the notary Zwanziger, for such, not Schonle-
ben, was her real name ; the loneliness and dulness of her matrimonial life
contrasted very disagreeably with the gayeties of her guardian's house ; and
in the absence of her husband, who divided his time between business and
the bottle, she dispelled her ennui by sentimental novel reading, weeping
over the sorrows of Werter, and the struggles of Pamela and Emilia Galotti.
The property which fell to her on her coming of age was soon dissipated by
her husband and herself in extravagant entertainments and an expensive es-
tablishment, and a few years saw them sunk in wretchedness, with a family
to support, and without even the comfort of mutual cordiality or esteem ; for
the admirer of Pamela, whose sympathetic heart had bled for the Sorrows
of Werter, now attempted to prop the falling establishment by making the
best use she could of her personal attractions (which, hideous and repulsive
as she appeared at the time of her trial, she described as having once been
very considerable), while her husband, as mean and grovelling in adversity
as he had been assuming and overbearing in prosperity, was a patient spec-
tator of his own dishonour. Perhaps it was consoling to him, as it appeared
to have been to his wife, that she "had the delicacy," as she styled it, "to
confine her favours to the higher classes of society." At all events, shortly
afterwards he died, leaving his widow to pursue her career of vice and deceit
alone. During the time which intervened between the death of her husband,
and that when she first entered the service of Glaser, her life had been one
continued scene of licentiousness and hypocrisy. Devoid of principle from
the first, mingling chiefly with others, who, though of respectable or exalted
rank, were as destitute of it as herself; forced to pretend attachment where
none was felt; to submit where she would willingly have ruled ; som.etimes
laughed at or treated with ingratitude where she was really labouring to
please ; a wanderer on the earth for twenty years without a resting place or
a sincere friend ; she became at last an habitual hypocrite, to whom falsehood
seemed to be actually more natural than truth. Rage and disappointment at
>i
36 ANNA SCHONLEBEN.
her fate, and a bitter hatred against mankind, seemed to have gradually been
maturing- in her heart; till at last all the better sympathies of her nature
were poisoned, and nothing remained but the determination to better her con-
dition at the expense of all those ties which humanity holds most sacred.
When and how the idea of poison dawned on her, — whether suddenly, or by
degrees, — her confessions did not explain ; but there is every reason to be-
lieve that this tremendous agent had been employed by her previous to her
appearance in Glaser's house. Determined as she was at all hazards to
advance her own interests, poison seemed to furnish her at once with the
talisman she was in search of; it punished her enemies, it removed those
who stood in her way ; its operations afforded her the means of rendering
her good qualities conspicuous in her affected sympathy for the sufferer ;
nay, administered in smaller quantities by her experienced hand, it was
equally effectual in preventing a second visit from a disagreeable guest, or
annoying a fellow servant with whom she had a quarrel. By long acquaint-
ance poison had become so familiar to her, that she seemed to look on it as
a useful friend ; something equally available for seriousness or jest ; and to
which she was indebted for many a trusty and secret service. When the
arsenic which had been taken from her pocket was exhibited to her some
months afterwards at Culmbach, she seemed to tremble with delight ; her
eyes glistened as she gazed upon it, as if she recognised a friend from whom
she had long been separated. Of the crimes which she had perpetrated, too,
she always spoke as of slight indiscretions, rendered almost necessary by
circumstances, — so completely by repetition had murder itself lost its cha-
racter of horror.
From the first moment she had entered the house of Glaser, the idea
of obtaining an influence over his mind, so as to secure him as her husband,
had occurred to her. That he was then married was immaterial : poison
would be the speediest process of divorce. First, however, the victim must
be brought within the range of her power; hence her anxiety to effect the
reconciliation of the pair, and the return of the wife to her husband's house.
The plan succeeded, and within a few weeks after her return, Zwanziger
commenced her operations. Two successive doses were administered, of
which the last was effectual. "While she was mixing it," she said, "she
encouraged herself with the notion that she was preparing for herself a com-
fortable establishment in her old age." This prospect having been defeated
by her dismissal from Glaser's service, she entered that of Grohmann. Here
her common mode of revenging herself upon such of her fellow servants as
she happened to dislike, was to mix fly-powder with the beer in the cellar,
in the hope of creating illness, though not death ; and of this beer it hap-
pened more than once that some of the visiters at Grohmann's table also
partook. These, however, were mere preparations " to keep her hand in ;"
the victim for whom her serious poisons were reserved was her unfortunate
master. Here also she had for some time indulged the hope of a matrimo-
nial connexion ; infirm and gouty as he was, she thought she would obtain
such an ascendency over him as to induce him to descend to this alliance;
when all at once her hopes were blasted by hearing of his intended marriage
with another. For some time she tried by every means in her power to break
off the connexion ; but her arts proved ineffectual, and Grohmann, provoked
by her pertinacity, had mentioned to a friend that he could no longer think
of retaining her in his service. The wedding day was fixed ; all hopes
of preventing the marriage were at an end ; and nothing now remained for
her but revenge. In five days afterwards Grohmann fell a victim to poison.
From this service Zwanziger passed into that of Gebhard, whose wife soon
shared the fate of Grohmann ; for no other reason, according to her own ac-
count, than because that lady had treated her harshly, and occasionally found
fault with her management of the house. Even this wretched apology was
contradicted by the facts proved by the other inmates of the house. The
JOHN DOEKE ROUVELETT. 37
true motive, as in the preceding cases, was, that she had formed designs
upon Gebhard similar to those which had failed in the case of Glaser, and
that the unfortunate lady stood in the way. Her death was accomplished by
poisoning two pitchers of beer from which Zwanziger from time to time sup-
plied her with drink. Nay, even her husband was made the innocent instru-
ment of his wife's death by administering the same liquid to the invalid.
Even while confessing that she had thus poisoned the beer, she persisted in
maintaining that she had no intention of destroying the unfortunate lady; if
she could have foreseen that such a consequence would have followed, she
would rather have died !
During the remaining period, from the death of Gebhard's wife to that of
her quitting his service, she admitted having frequently administered poisoned
beer, wine, coffee, and other liquors, to such guests as she disliked, or to
her fellow servants, when any of them had the misfortune to fall under her
displeasure. The poisoning of the salt-box she also admitted ; but with
that strange and inveterate hypocrisy which ran through all her confessions,
she maintained that the arsenic in the salt barrel must have been put in by
some other person.
The fate of such a wretch could not of course be doubtful ; she was con-
demned to be beheaded, and listened to the sentence apparently without emo-
tion. She told the judge that her death was a fortunate thing for others, for she
felt that she could not have left otT poisoning had she lived. On the scaffold
she bow-ed courteously to the judge and assistants, walked calmly up to the
block, and received the blow without shrinkinsf.
JOHN DOEKE ROUVELETT
FOR FORGERY, 1806.
John Dorke, alias Romney Rouvelett, was a notorious swindler, well
known in Bath, where he passed for a West-Indian of considerable fortune
and family. He was about forty years of age, had the appearance of a
Creole, and lived with a woman named Elizabeth Barnet, who passed for his
wife. Having been arrested for debt, he was occasionally visited by this
woman in the Fleet prison, and was afterwards removed by habeas corpus
into Somersetshire, on a charge of forgery. Conscious that Elizabeth Barnet
Avas the only witness against him, by whose evidence he could be convicted
of the forgery, as well as perjury (another case also pending, Rouvelett
having falsely sworn a debt against Mr. Durant, of the York-hotel, Albemarle-
street), he had her taken up for a supposed robbery, and charged her with
stealing his purse in the Fleet prison, containing forty guineas, half a guinea,
and a valuable diamond. This case of singular atrocity came on at the Old
Bailey, July 5, 1806.
Rouvelett was brought up from Ilchester jail, ironed, to prosecute on his
indictment. An application was made to put off the trial, on the affidavit
of the prosecutor, which stated, that some material witnesses at Liverpool
had not had sufficient notice to attend. The object of this attempt was to
prevent the prisoner from appearing against him on his trial for forgery, as
also to prevent her becoming a witness against him in the case of perjury
already mentioned. The recorder detected the whole transaction, which he
described as the most foul and audacious that ever was attempted. He then
ordered the trial to proceed.
Rouvelett (who presumptuously called himself a gentleman) stated that
the prisoner was with him on the 11th of June, 1805, when he drew half a
D
38 JOHN DOEKE ROUVELETT,
guinea from his purse, and gave it to a messenger; after which he put the
purse, containing the propertj"^ as stated in the indictment, into the pocket of
a surtout coat, which was hanging up in the room, in which was the ring,
worth £30. There were no other persons in the room but the prisoner and
himself; and in twenty minutes after she was gone, he missed his property
from the great coat pocket. He concluded that the money was safe, as the
prisoner was gone to Durant's hotel, Albemarle-street, and he did not suppose
licr capable of robbing him. .She, however, absconded, and he never saw her
again until she was arrested at his suit, jointly with Durant, in an action of
trover for £xJO,000 for deeds, mortgages, and bonds, bearing interest, for which
bail was given. He had no opportunity of bringing her to justice for the
alleged robbery, he being himself a prisoner.
On the cross-examination of the prosecutor, he said he was born at St.
Martin's in the West Indies, and had been at most of the islands in that quar-
ter; his uncle was a planter in the West Indies, and he lived on such means,
whilst in England, as his family afforded him ; he was brought up in Amster-
dam, at the house of Mr. Hope, banker ; after which he became a lieutenant
in the British army. He knew IMr. Hope of Harley-street, Cavendish-square,
and Mr. Hope knew him tobe Mr. Rouvelett, of St. Martin's, for the two families
had been closely connected for one hundred years. He had lived in England
on remittances from his uncle in goods or bills, but he had no property of his
own. Messrs. Stevens and Boulton used to pay witness his remittances at
Liverpool, but he could not tell who paid them in London.
The recorder observed, that the witness should not be pressed too far in
giving an account of himself, as he stood charged with forgery. On being
usked if he, the prosecutor, had not said he would be revenged on the pri-
soner, as he was intimate with Durant, and charged her with felony, he an-
sv.-ered that he did not recollect having said so; but the question being
pressed, he parti}' acknowledged it. The purse, which was empty, witness
acknowledged was found under his pillow, on the 12th of .lune, the day after
the alleged robbery, by his chum, a man of the name of Cummings. The
|irisoner Avas with him in prison after the 12th of .lune, although he had said
she had absconded. The recorder did not suffer the case to be farther pro-
ceeded in, and directed the jury to acquit the prisoner; observing that this
was the most foul charge he had ever heard of. The disgust of the persons
in court was manifested by hisses and groans, as Rouvelett retired, in such a
manner as baffled the efforts of the officers of justice for some time to suppress.
The trial of this malicious offender, who was thus happily disappointed in
his views, came on at Wells, August 12, 1806, before Baron Thompson, and
excited considerable interest throughout the county of Somerset. He was
indicted for having feloniously and knowingly forged a certain bill of exchange,
dated Grenada, 10th of November, 1804, for £420 sterling, payable at nine
months' sight, to the order of George Danley, Esq. and drawn by Willis and
Co. on Messrs. Child and Co. in London, with the forged acceptance of
Messrs. Child and Co. on the face thereof, with the intent to defraud Mary
Simeon.
^Ir. Philip George, the yoimger clerk to the mayor of Bath, stated, that
thf^ bill in question was delivered to him by the mayor of Bath, and that he
had ever since kept the bill in his own custod)%
Mrs. Mary Simeon, dealer in laces at Bath, was next called, and was pro-
ceeding to give her evidence, when Mr. Jekyl, counsel for the prisoner,
submitted a legal objection to the court. He observed a difference between
the bill itself, and the bill as set forth in the indictment. The words to
which he alluded were, "Willis and C." in the bill, whereas in the indict-
ment they were set forth " Willis and Co." After some discussion. Baron
Thompson and the jury agreeing that there appeared no essential difference,
as the letter o could be distinguished, the objection was overruled.
Mrs. Simeon having been then permitted to proceed, stated, that in April,
FOR FORGERY, 39
1805, she lived at Bath, the prisoner at the bar came to her house, on or
about the 16th of the preceding- March; having looked at several articles in
which she dealt, he bought a fan, paid for it, and said he should bring his
wife with him in the afternoon. He accordingly did so, and brought Eliza-
beth Barnet as his wife, Mrs. Romney ; he asked whether Mrs. Simeon had
a Brussels veil of 150 guineas value. The witness answered she had not;
he then bought two yards of lace, at four guineas a yard, and went away.
This happened on a Saturday. The Monday following, he came again, ac-
companied by his wife, looked at a lace cloak, at veils worth five-and-twenty
guineas, and other goods, but did not buy any. In the course of the week
he called again, and proposed to the witness to purchase a quantity of goods,
if she would take a bill of a long date, accepted by Messrs. Child and Co.
bankers, in London. Witness answered, she had no objection to take a bill
accepted by such a house. He returned in two or three days, and purchased
articles to the value of about £140, which, with other goods afterwards
bought, and with money advanced by her, made the prisoner her debtor to
tlie amount of £299. He bought all the articles himself, unaccompanied by
his wife. In the month of April, between the 20th and the 24th, the prisoner
proposed paying for the different articles, and he brought his wife to the
house ; when a meeting took place between them and the witness, and her
brother, Mr. Du Hamel. He said, "I am going to London, and I should like
to settle with you : this is the bill I proposed to you to take ; it is accepted
by Child and Co. bankers, in London;" and, turning over the bill, he added,
" the endorser is as good as the acceptors." The bill was here produced, and
proved by Mrs. Simeon to be the same which the prisoner gave her in 1805.
The witness then took the bill, and her brother, IMr. Du Hamel, paid to him
for her £35, which, with the articles previously bought, made the whole of
the prisoner's debt to her £299. He wrote before her on the bill the name
of John Romney, as his name. He afterwards went to London by the mail.
She sent the bill next day to London. The conversation which passed
between her and the prisoner, in the presence of her brother and Elizabeth
Barnet, was entirely in the French language. He left his wife at her house,
where she slept.
While he was absent, the witness received intelligence from London that
the bill was a forgery, and she instantly wrote a letter to the prisoner inform-
ing him of it. He came to Bath, in consequence of the letter, late on Sunday
night, and a meeting took place then at her house between him, and his wife,
herself, and her brother, and her solicitor, Mr. Luke Evill, of Bath.
The conversation then passed in English. Several questions were put to
the prisoner by herself and by Mr. Evill. Mr. Evill asked him whether he had
any business with W. A. Bailey, the endorser, which induced him to take
the bill. He said Mr. Bailey had sold some sugar for him. She asked him
if Bailey lived in London ; he replied, at some inn or coffee-house, the name
of which he did not recollect. He was then asked in what island or islands
Mr. Bailey's property was situated ; he mentioned two or three islands in the
West Indies, but he did not know in which of them Mr. Bailey was at that
time. The prisoner then inquired where the bill was ; and being informed
by the witness that it was in London, he said she must write to get it sent
back. She, however, declared that siich an application would be unavailing,
and the prisoner pressed her to go to London herself! She refused to go
alone, and he entreated Mr. Evill to accompany her, saying, that he would
give Mr. Evill £20 to defray the expenses of the journey, which he accord-
ingly did. She set out at ten o'clock that night, accompanied by Mr. Evill,
and obtained the bill from Messrs. Sloper and Allen, in whose custody it was,
by paying three hundred guineas, which was all the money she then had at
her bankers. She brought the bill back to Bath, having stopped but one day
in London ; but the prisoner was not at Bath when she returned. He had
left some property at her house with his wife, who had removed from Sidney-
house with his clothes, &c. The bill remained after this in her custody
40 JOHN DOEKE ROUVELETT,
about a twelvemonth, and was g-iven up to Mr. Evill by her brother. ]Mr.
Dorant paid the whole of the debt due by the prisoner, on the 6th of May,
1805; a few days after the prisoner finally left Bath.
Upon the cross-examination of Mrs. Simeon, it appeared that she con-
sidered the prisoner and Elizabeth Barnet as man and wife. It was not until
May, 180G, that she appeared before the mayor of Bath against the prisoner,
whom she knew to have been in the Fleet prison.
Mr. Whelan deposed, that he was a clerk in the house of Messrs. Child
and Co. The house had no correspondenst whatever at Grenada by the
name of Willis and Co. and the acceptance which ajipeared on the face of
the bill, was not the acceptance of Messrs. Child and Co.
Mr. Luke Evill, solicitor for the prosecution, stated, that he had sent the
bill from Bath to his agent in London, for the purpose of its being delivered
to Mr. Dorant.
Elizabeth Barnet, the next witness, said that she became acquainted with
the prisoner in the month of September, 1804, when at Liverpool. About a
fortnight after she saw him, she began to live with him, and continued till
the IGth of June, 1805, during all which period she passed under the name
of Mrs. Romney. She left Liverpool in tlie month of .January, 1805, and
came to London with the prisoner. They then took lodgings at Mr. Dorant's
hotel, in Albemarle-street. The account he gave of himself to her was, that
he was a West Lidia planter, and that he had estates in Martinique and St.
Kitt's. They remained between two and three months at Mr. Dorant's
hotel, during which time they were not visited by anybody except a Mr.
Hope, whom she remembered seeing with the prisoner. This Mr. Hope was
not represented to her as being from Holland. She accompanied Mr. Romney
to Bath, and on their arrival there they lodged at the White Hart inn, for
about a fortnight, previous to their lodging at Madame Simeon's.
Soon after their arrival at the White Hart, she went with the prisoner to
Madame Simeon's to look at some laces and a black cloak. None of these
articles, however, were purchased at that time by the prisoner, they being
afterwards bought when she was not present. She heard the prisoner state
to IMadame Simeon, that he would give her a bill of exchange, accepted by
Child and Co. of London. She did not then see any bill in his possession,
but saw him writinn- once three days afterwards, when he sent the witness
for some red ink. She brought it to him, when he was still writing on the
same piece of paper, and he soon afterwards wrote thereon with the red ink,
and put it up into his pocket-book without saying any thing. The next day he
told her she must go and walk with him to Madame Simeon's, as he was
going to pay her for some articles he had bought, which, the witness had by
that time got sent home to her. She accordingly accompanied him to Madame
Simeon's shop, where she saw that lady, and her brother Mr. Du Hamel. A
conversation then took place betwixt them, which being entirely in French,
she did not understand. She, however, saw a paper given by the prisoner
to ^Madame Simeon, which he took out of his pocket-book. This was the
same paper which she had formerly seen him writing. A long conversation
ensued after the bill was put down, and she then saw Romney put his name
to it. The bill in question was here shown to the witness, and she distinctly
identified it as being the same one she had formerly seen the prisoner write
upon with red ink, and afterwards endorse with his name.
Two or three days afterwards the prisoner left Bath for London, and the
witness remained at Madame Simeon's. He returned on the Sunday night
following, and remained at Madame Simeon's till next day. She observed
that he was then very much disturbed, and she inquired the reason. The
prisoner answered by saying, he must be hanged. He asked her to fetch him
his writing desk, which she did. He then took out a large parcel of papers,
and burnt them. She had no opportunity of seeing what those papers were.
She asked him, were the papers any harm "? He said, yes, and that there
was a paper which must not be seen. He further desired her to go to such
, . FOR FORGERY. 41
and such a trunk, and there she would find a plate, which he wished her to
take the first opportunity of throwing into the river. This plate she found
without any thing with it, and she put it into her own trunk amongst her
wearing apparel.
He wrote her a letter afterwards from Chippenham, requesting her to
remember the river. (This letter not being produced, no interrogations were
put concerning it.) She had not an opportunity of throwing this plate into the
river, as she never went out but under Madame Simeon's protection. She
never lived with the prisoner since that day (June 6, 1805). She, however,
remembered visiting him in the Fleet prison.
She was soon afterwards arrested at Bath, at the prisoner's instance, for
the sum of £20,320, and carried to Winchester jail, and afterwards removed
to the King's Bench. She saw the prisoner on this occasion, and again at
the Old Bailey, when he was examined as a witness against her on her trial.
He then charged her with having robbed him on the 11th of June, 1805,
of forty guineas and a diamond ring, when he was in the Fleet prison.
This charge was totally without foundation, as was also the alleged debt
of £20,320. She never had any transaction in her life to which such a charge
could refer. She heard him also give his evidence at Westminster Hall.
What she related concerning the bill in question, she most solemnly declared
was the truth. On the interrogatories of Mr. Baron Thompson, the learned
judge, she further added, that she could read writing pretty well : when she
brought the red ink to the prisoner, she remembered asking him what he had
written, and he said he was drawing on Child and Co. She then observed to
him that what he had written with the red ink looked very handsome : this
made her perfectly certain as to the bill produced on this trial, being the iden-
tical bill she had seen the prisoner writing. Mr. Romney at that time thought
she could not read writing ; he was then teaching her to write his name as
he did, and she made considerable progress in imitating his hand. The bill
upon which he wrote across with red ink was printed (meaning engraved)
exactly as the one now produced. The next day, when she saw the bill given
by the prisoner to Madame Simeon, she particularly remarked the date upon
it being the same as that which she had formerly seen.
The prisoner was called on for his defence, and, apparently with consider-
able confidence and firmness, addressed the court, observing that the circum-
stances attending the bill for which he stood charged, he could very well
explain ; about the month of June, 1803, a quantity of coffee, rum, and sugar,
the produce of his estates in the West Indies, were sold by his agent, a Mr.
M'Claurin, to a gentleman of the name of William Anthony Bailey, for which
he (Mr. Bailey) gave a bill of exchange, drawn by the house of Calvert and
Simpson, of St. Christopher's in the West Indies, upon the house of Bond
and Proctor, at Lancaster, at six months' date, for £218 16s. This bill he (the
prisoner) consented to take as payment of the produce sold ; and coming to
England upon business, he brought it with him. On being presented to the
house of Bond and Proctor, acceptance was refused, and it was therefore noted,
and returned to his agent in the West Indies in the year 1804, who, meeting with
Mr. Bailey at St. Bartholomew's, received in lieu of the said bill a bond for
£300, to answer the damage arising from the expense of protesting, &c. as well
as the original sum. This bond was transmitted to him by his agent, who
advised him, at the same time, that Mr. Bailey would be in England in the
end of September, 1804, and that the transaction could be settled with himself.
On Mr. Bailey's arrival in London, January, 1805, he (Romney) received
a letter from him, addressed to him Vvhen at Liverpool, informing him of his
readiness to settle the business. He (the prisoner) accordingly waited on
Mr. Bailey at his lodgings. Craven-street, Strand, when he offered him some
other bills of exchange, drawn and accepted by other houses in England,
which he (the prisoner) did not object to, provided he knew the acceptors.
Several bills were then produced, and among others that one in question for
d2 6
42 JOHX DOEKE ROUVELETT.
£420, which he consented to take from him, and pay him the difference,
amounting to £'139 7s. The bill was then endorsed by Mr. Bailey to him,
on his assurance that it was a good and valid draft on Messrs. Child and Co.
It having then about seven or eight months to run, it became in a manner
useless to him, as he could not get it discounted. Happening to be at Bath,
he offered it to Mrs. Simeon, she having no objection to take it in payment
of an account run up to £130 by the young woman who had accompanied
him there. Mrs. Simeon agreed to account to him for the proceeds. Having
occasion to go to London upon business, Mrs. Simeon offered him the use of
an apartment for his trunks, &c., which he gladly accepted, and went off",
leaving the young woman under the care of Mrs. Simeon. He was then
lodging at Sidney-house ; and as he did not think it safe to leave his effects
at a public hotel, he removed them to Mrs. Simeon's house in the Grove,
Bath, in his own carriage, and by his own servants. As he could not get a
large Bank of England note for £100 changed into small notes, he applied
to Mrs. Simeon, who accommodated him with the loan of £30 in small Bank
of England notes, and at the same time he endorsed the bill for £420 to that
lady, in the presence of her brother, who off"ered him more money in country
bank-notes, which he refused, as he only wanted sufficient to pay the
expenses of his journey to London. After leaving his address with Mrs.
Simeon, he was accompanied by her brother to the mail coach. The address
he gave was, Dorant's Hotel, or at Harman and Co.'s, Old Jewry.
After being a few hours in town, he was arrested at the suit of his jeweller,
Mr. Davis, of Sackville-street, for a sum of nearly £700, which he had
refused to pay, on account of the greater part of the charge being for diamonds,
sent to him at Bath against his positive orders. ]Mr. Dorant, the hotel keeper,
offered, unsolicited, to become his bail in the action ; so that he was released
from the lock-up-house, and went to Dorant's, where he found a letter from
Mrs. Simeon, apprizing him of the bill being a forgery, and requiring his return
to Bath, or to advise her what she was to do in the business. He was then
extremely ill of a fever, created by the agitation of having been arrested ; but
notwithstanding his situation, he immediately set olf to Bath, after writing her
an answer by the mail two or three hours subsequent to the receipt of her letter.
On seeing Mrs. Simeon and her brother, the forgery became the subject of
discussion. He avowed that he was then ready to reclaim the endorsement,
and he tendered back to Mrs. Simeon the £30 or £35 which he had borrowed
of her. She appeared to expect that he would lend her about £430, which
he refused, as he had not so much money about him. He told her solicitor,
who was present, that he was perfectly ready to account for the bill having
come into his possession ; and, therefore, that he had little to apprehend from
any criminal prosecution by Messrs. Child and Co. He referred Mrs.
Simeon and her brother to Mr. Hope, of Harley-street, and to Messrs. Harman
and Co., of the Old Jewry, for his character, he being personally known to
them. He had further recommended to Mrs. Simeon and her solicitor to
make the necessary inquiries respecting the bill ; and, therefore, wished them
to go to London, and had readily paid th-jir expenses.
He also observed, as a proof of his innocence, that he might, when in the
rules of the Fleet, have made his escape, had he been conscious of any guilt ;
and concluded his defence by a long detail of circumstances, for the purpose
of showing that the prosecution was founded in malice.
One immaterial witness was called on the part of the prisoner.
Baron Thompson summed up in a very able manner, and recapitulated
with great minuteness the whole of the evidence. The jury, having consulted
for a few minutes, returned a verdict of — Guilty of forg'mg the acceptance,
and of uttering it, knowing it to be forged.
The trial lasted nearly twelve hours, and the court was crowded to excess.
Rouvelett was executed at Ilchester, pursuant to his sentence, September 3,
1806. But he asserted his innocence to the last moment.
HOLLO WAY AND HAGGERTY. 43
JOHN HOLLOWAY AND OWEN HAGGERTY,
FOR THE MURDER OF JOHN COLE STEELE, ON HOUNSLOW-HEATH, FEBRUARY
22, 1807.
Mr. Steele was proprietor of a lavender-water warehouse, in Catharine- 4jj
street. Strand ; and on the day preceding his murder, November 5, he went
to Bedfont, where he had a plantation of lavender ; but not returning to his .
house in town according to his usual custom, his friends became anxious
for his safety. A strict search was set on foot, and, after exploring different
parts of Hounslow-heath, he was found buried under a bush ; part of his -
forehead being entirely cut away, and his head wounded in many places, as
was conjectured, with a bayonet. It was also discovered that, on his return
from Bedfont, he could not procure any kind of carriage, and consequently
was obliged to proceed to town on foot. His boots and hat were taken
away; his pockets were cut entirely off; and, from the circumstance of a
military hat being found at the place, no doubt was entertained that he was
murdered by some soldiers.
Several persons were taken up on suspicion of being the perpetrators, and ' '
among them were two labourers, who were heard quarrelling at Bristol, and
accusing each other of shocking crimes ; but it appearing that they were
both innocent of this charge, a collection was made for them in the office.
Sir R. Ford ordered them three guineas, and a pass to Liverpool, indicative
of tbeir innocence. Still no conclusive evidence or fact could be brought
home, so as to warrant the detention of any person for the crime, and the
public had to regret that the offenders remained undiscovered.
The following circumstance, about four years afterwards, led to the appre-
hension of John HoUoway and Owen Haggerty. A man named Benjamin
Hanfield, who had been convicted at the Old Bailey of grand larceny, was
sentenced to seven years' transportation. He was conveyed on board a hulk
at Woolwich, to await his departure for New South Wales ; but having been l _,
taken with a severe illness, and tortured in his mind by the recollection of #«*.
the murder, about which he constantly raved, he said he wished to make a
discovery before he died. A message was immediately despatched to the
police-magistrates at Bow-street, to communicate the circumstance, and an a^
officer was sent to bring him before them. When he was brought on shore,
he was obliged to remain several days, his illness not permitting his imme-
diate removal. On his arrival in town, the magistrates sent him, in custody
of an officer, to Hounslow-heath. He there pointed out the fatal spot where
the murder was perpetrated, and related all the circumstances which he
alleged to have attended it ; and as his evidence implicated Haggerty and
Holloway, measures were taken to apprehend them. Several private exami-
nations of all the parties took place. Hanfield was admitted king's evidence,
and the public once more cherished a hope that the murderers would meet
the punishment they deserved.
The indictment having been read, and the prisoners having pleaded not
guilty, Mr. Gurney, as counsel for the prosecution, opened the case. He
stated to the jury, the charge upon Avhich the prisoners stood at the bar. He
said that, doubtless, the recollection of the circumstances of this melancholy
transaction was fresh in their memory ; he only mentioned this, that before » _
they went into the box, they would divest their minds from any feelings ^i. »i^ '■
arising from the nature of the crime. He then stated the circumstances of the
deceased himself, before he entered into a detail of the evidence. Mr. Steele,
he said, had left his house in town on Friday, the 5th of November, 1802, ^
giving his family to understand that he should return next day. He slept at
Feltham that night ; and left his house at Feltham on Saturday evening
44 HOLLOWAY AND HAGGERTY,
about seven o'clock, dressed in a drab-coloured great coat, boots, and a hat ;
he did not return to town that night, nor on .Sunday. This caused alarm, and
his brother-in-law went to Feltham, and found that he left his house on
Saturday. A number of persons were despatched to look for liim in different
directions. After a search of some time in various parts of Hounslow-heath,
in a ditch, situated in a clump of trees, at the distance of about five or six
hundred yards from the barracks at Feltham, the body was found, with the
face covered with blood ; a violent blow seemed to have been inflicted on the
back part of the head, with a fracture on the forehead, and a leathern strap
tied very tight round the neck ; and by the side of the body were found a
large bludgeon, a pair of old shoes, and an old hat trimmed with worsted
binding; at some distance, on the other side of the road, were discovered
several marks of blood. The body seemed to have been dragged some dis-
tance. Diligent search was made, but the perpetrators were not discovered.
Towards the close of the year 180G, information was received by Mr. Nares,
that a person of the name of Hanfield, who was convicted in this court of
stealing last sessions, had, while in confinement, dropped some expressions
indicating something relative to this event. Application was made to the
secretary of state to procure his majesty's pardon for him, he being then
under the sentence of transportation, and not capable of being received as a
witness in the trial of his accomplices. His majesty was accordingly gra-
ciously pleased to grant him a full pardon, and a proper officer was sent to con-
duct him from the hulks at Portsmouth ; whence he was conveyed to town,
and brought before the magistrates at Worship-street.
Benjamin Hanfield, the accomplice, was examined, and deposed nearly as
follows : —
I have known Haggerty eight or nine years, and Holloway six or seven.
We were accustomed to meet at the Black Horse, and Turk's Head, public-
houses, in Dyot-street. I was in their company in the month of November,
1S02. Holloway, just before the murder, called me out from the Turk's
Head, and asked me if I had any objection to be in a good thing'? 1 replied,
I had not. He said, it was a " iVvj Tohij,"" meaning a foot-pad robbery. I
asked when and where. He said he would let me know. We parted, and
two days after we met again, and Saturday, the 6th of November, was
appointed. I asked who was to go with us "? He replied that Haggerty had
agreed to make one. We all three met on the Saturday at the Black Horse,
when Holloway said, our business is to " ««ri-e" a gentleman on Hounslow-
heath, who, I understand, travels that road with property. We then drank
for three or four hours, and about the middle of the day we set off" for Houns-
low. We stopped at the Bell public-house, and took some porter. We
proceeded from thence upon the road towards Bedfont, and expressed our hope
that we should get a good booty. We stopped near the eleventh mile-stone,
and secreted ourselves in a clump of trees. W'liile there, the moon got up,
and Holloway said we had come too soon. After loitering about a consi-
derable time, Holloway said he heard a footstep, and we proceeded towards
Bedfont. We presently saw a man coming towards us, and, on approaching
him, we ordered him to stop, which he immediately did. Holloway went
round him, and told him to deliver. He said we should have his money,
and hoped we would not ill-use him. The deceased put his hand in his
pocket, and gave Haggerty his money. I demanded his pocket-book. He
replied that he had none. Holloway insisted that he had a hook, and if he
did not deliver it, he would knock him down. I then laid hold of his legs.
Holloway stood at his head, and swore if he cried out he would knock out
his brains. The deceased again said, he hoped we would not ill-use him.
Haggerty proceeded to search him, when the deceased made some resistance,
and struggled so much that we got across the road. He cried out severely,
and as a carriage was coming up, Holloway said, " Take care, I'll silence
the b r," and immediately struck him several violent blows on the head
FOR MUEDER. 45
and body. The deceased heaved a heavy groan, and stretched him-
self out lifeless. I felt alarmed, and said, "John, you have killed the
man:" Holloway replied, that it was a lie, for he was only stunned. 1
said I would stay no longer, and immediately set off towards London,
leaving Holloway and Haggerty with the body. I came to Hounslow, and
stopped at the end of the town nearly an hour. Holloway and Haggerty
then came up, and said they had done the trick, and, as a token, put the
deceased's hat into my hand. The hat Holloway went down in was like a
soldier's hat. I told Holloway it was a cruel piece of business, and that I
was sorry I had any hand in it. We all turned down a lane, and returned to
London. As we came along, I asked Holloway if he had got the pocket-
book. He replied it was no matter, for as I had refused to share the danger,
I should not share the booty. We came to the Black Horse in Dyot-street,
had half a pint of gin, and parted. Haggerty went down in shoes, but I don't
know if he came back in them. The next day I observed Holloway had a
hat upon his head, which was too small for him. I asked him if it was the
same he got the preceding night. He said it was. We met again on the
Monday, when I told Holloway that he acted imprudently in wearing the
hat, as it might lead to a discovery. He put the hat into my hand, and 1
observed the name of Steele in it. I repeated my fears. At night Holloway
brought the hat in a handkerchief, and we went to Westminster Bridge,
filled the hat with stones, and, having- tied the lining over it, threw it into the
Thames.
The witness, being cross-examined, said, he had made no other minutes of
the transactions he had been detailing, than what his conscience took cogni-
zance of. It was accident that led to its disclosure. He was talking with
other prisoners in Newgate of particular robberies that had taken place ; and
the Hounslow robbery and murder being stated amongst others, he inadver-
tently said, that there were only three persons who knew of that transaction.
The remark was circulated and much noticed, and a rumour ran through the
prison that he was about to turn "uoie,-" and he was obliged to hold his
tongue, lest he should be ill-used. When at Portsmouth, on board the
hulks, the compunctions of conscience came upon him, and he was obliged to
dissipate his thoughts by drinking, to prevent him divulging all he knew.
At last he was questioned by Sir John Carter; and at length an officer
arrived from London, and he made a full confession. He admitted that he
had led a vicious life, that he had been concerned in several robberies, and
had entered and deserted from several regiments. He had served in the
East and West London militias, had enlisted in the 9th and 14th light dragoons,
and had been in the army of reserve. He -added, that he was ashamed and
sorry at what he had been, and would endeavour to mend his life in future.
John Vickery stated, that he was an officer belonging to Worship-street,
and that, in consequence of information received by John Nares, Esq. the
superintend ant of the office in Worship-street, he had been sent to Ports-
mouth to bring up Hanfield, who was then confined on board the hulks,
waiting to be transported with others, pursuant to his sentence. He was
immediately delivered into his custody by the captain of the hulks, and they
returned to London. As they passed across the heath of Hounslow, on the
top of the coach, Hanfield pointed to a spot near a clump of trees, just
at the eleven mile-stone, which he said was the place where the murder had
been committed ; but they had then no further conversation on the subject,
as they were surrounded by people on the top of the coach. Hanfield, on his
arrival in town, underwent an examination ; in consequence of which he and
the witness went together to Hounslow. They stopped at the Bell Inn,
whence they proceeded to the heath; when Hanfield again pointed out the
place where the crime was perpetrated, which the witness thought exactly
the same as that pointed out by the former witnesses, detailing the circum-
stances of the murder previous to his escape from his companions, in almost
46 HOLLOWAY AND HAGGERTY,
the same words as he had described them to the court. The witness and he
returned to town. Soon after, the witness apprehended Holloway at Brent-
ford, during the late election, and brought him to town. When he was
examined before the presiding magistrate of Worship-street office, he declared
he W"as totally innocent ; but added, " if thej' would let him go, he would
down on his knees to both the magistrate and the witness," The prisoner
Holloway was remanded for further examination.
The witness went down to Deal, where he apprehended the prisoner Hag-
gerty, on board the Shannon frigate, as a marine. When the witness appre-
hended him, he was in a very bad state of health, so much so, that he was
obliged to be left behind, not being able to bear the fatigue of removal. The
witness took an opportunity of asking him, in the presence of his captain,
where he had been about three years ago 1 The prisoner answered, he was
then employed in London as a day-labourer. The witness then asked "him,
where he had been that time four years'? The prisoner directly turned pale,
and would have fainted away, had not water been administered to him.
Soon after, his health was so far restored as to permit his being removed to
town, when he and the other prisoner underwent several examinations.
T. Croker, a Bow-street officer, recollected seeing, about four years ago,
Haggerty and Hanfield together, near the Seven Dials, and in the Turk's
Head. In this he was corroborated by the statement of one Limerick,
another officer.
J. M'Donald, keeper of the Black Horse, Dyot-street, knew both the pri-
soners and the prosecutor Hanfield; had frequently seen Hanlield and Hag-
gerty in the same box in his tap-room.
William Beale, keeper of the Turk's Head, said, he had seen them also at
the same time in his tap-room, but was not certain of their being comrades.
John Peterson had been a pot-boy at the Turk's Head, and had frequently
drawn beer for the prisoners ; but could not say they were on terms of inti-
macy together.
John Sawyer lived, in 1803, at Hounslow, at the Bell, where he saw the
two prisoners frequently ; but could not be certain of seeing them in company
together.
John Nares, Esq. the magistrate, said, that the prisoners were examined
by him apart, when Hanfield was produced in evidence against them. He
then read from a paper the examination of Haggerty, in which he denied
knowing any thing of either Hanfield or Holloway, or being at Turk's Head
or Black Horse porter-houses. Haggerty acknowledged he had been in
confinement in July, 1802, in Tothili-tields. After this liberation, he said,
he worked for some time with Mr. Smith, of Castle-street, as a plasterer ;
that his working-dress was usually a green velveteen jacket and small
clothes. Being confronted afterwards with Mr. Smith, who denied his
having ever been employed by him, he said — " That since they had bothered
him so about it, he would give them no information on the subject." The
same paper stated, that Holloway had acknowledged he knew Hanfield and
Haggerty ; but had never drank in their company ; had never been at Houns-
low in his life. He alleged he had worked for a Mr. Rose, and others, in
November, 1803, which, on application, was found to be inaccurate, as he
had not worked for them till March, 1803.
James Bishop, a police-officer, stated, that in the rear of the police-office
in Worship-street are some strong rooms, for the safe keeping of prisoners
pending their successive examinations. In two of these rooms, adjacent to
each other, and separated by a strong partition, the prisoners were separately
confined, and immediately Ijehind these rooms is a privy. In this privy he
took post regularly, after each successive day's examination ; and, as the
privy went behind both rooms, he could distinctly overhear the conversation
of the prisoners, as they spoke pretty audible to each other from either side
of the partition. Of this conversation he took notes, which were afterwards
FOR MURDER. 47
copied out fairly, and proved before the magistrates ; which he, on this occa-
sion, read as his evidence in court.
These conversations extended to a very considerable length ; but the mate-
rial points were few. They showed, however, from the words of the pri-
soners' own conversation, that all they had said before the magistrates, in
the denial of any acquaintance with each other or with Hanfield, was totally
false, and a mere stratagem to baffle the testimony of the latter, who they
hoped had secured his own execution by confessing his guilt, without being
able to prove theirs ; for they were confident the magistrates would not be-
lieve his testimony ; and that there was no other witness to prove any clue to
the fact, or that saw them together near Hounslow, where, from the whole
connected tenor of their conversation, it was clear they had been on the night
of the murder. But one strong point seemed to remove every doubt : Hag-
gerty asked Holloway, after one of the latter examinations, " Where did
Hanfield say we had the gin that night, after we came to townl" To
which Holloway answered, " At the Black Horse, in Dyot-street." Hag-
gerty then replied, " It must be at the Black-Horse we had the gin, sure
enough."
John Smith, a coachman to the Gosport coach, in the month of November,
1802, near eight o'clock in the evening of the above-mentioned day, heard as
he passed across Hounslow-heath, on the right-hand side of the road, near
the eleven mile-stone, two groans, the last more faint than the other ; on
which he remarked to some one on the outside of the coach, " that there was
something desperate carrying on there."
Isaac Clayton, beadle of Hounslow, said, he received a pair of shoes and
a stick from some person he does not recollect, just after the murder of Mr.
Steele : he recollected, near six years ago seeing Holloway in company with
a man of the same name, who had a wooden leg, about the town of Houns-
low ; and had seen him also at Brentford election, and other places. The
prisoner himself acknowledged he knew him, when examined in Worship-
street.
Joseph Townsend, police-officer of Worship-street, produced a huge knotty
bludgeon, a pair of shoes, and a hat, which had been given several years ago
to Clayton by Hughes, and was delivered to him by Clayton.
J. Blackman, an officer, knew Haggerty seven years, Hanfield five years,
and Holloway a year and a half. About four years ago, he had seen often them
together at the Turk's Head, when he conversed with Haggerty, and observed
to him he had been lately in a good thing, as his dress was much improved ;
the prisoner said, he had left it all off now, as he was serving a plasterer
near Hounslow. He was dressed in a green velveteen jacket and small
clothes.
A hat was then produced in court, which had been the property of the
deceased, by whom it was given to a servant man, who had since worn it
almost to rags. The hat had been very much widened in the wearing, and,
when placed on Holloway's head; appeared rather too large for him.
William Robinson, hatter to the deceased, stated that the hat must have
been enlarged by wearing, as he had Mr. Steele's measure in 1802, and could
answer for it, that the deceased's hat must nearly fit the prisoner Holloway,
as their heads were nearly the same size.
William Britton, shoemaker, knew well the deceased's measure, and
thought his boots would fit the prisoner Haggerty. The shoes produced in
court, he said, he had tried on the prisoner, and found them rather too large ;
but added that it was plain from the manner the hind-quarter of the shoe had
fallen inwards, that they were too large for their original wearer.
The prosecution being closed, the prisoners were called on to make their
defence.
Haggerty protested he was completely innocent of the charge, was totally
ignorant of the prosecutor Hanfield, denied ever being at Hounslow, and en-
^4'm
' 48 HOLLOWAY AND HAGGERTY.
deavoured to point out some inconsistencies in the evidence which had been
adduced by Hanfield.
Holloway declared he was equally innocent of the charge ; but admitted he
had been at Hounslow more than once, might have been in the company of
the prisoner Haggerty and Hanfield, but was not acquainted with either of
» them.
The jury retired for about a quarter of an hour, and returned with a verdict
of Guilty against both the prisoners.
The recorder immediately passed sentence in the most solemn and impres-
sive manner, and the unhappy men were ordered for execution on the follow-
ing Monday morning. They went from the bar protesting their innocence,
and apparently careless of the miserable and ignominious fate that awaited
them.
During the whole of Sunday night, the convicts were engaged in prayer,
never slept, but broke the awful stillness of midnight by frequent protestations
of reciprocal innocence. Holloway delivered, in the most solemn manner, the
following energetic address : " Gentlemen, I am quite innocent of this affair.
I never was with Hanfield ; nor do I know the spot. I will kneel and swear
it." He then knelt down, and imprecated curses on his head if he were not
innocent, and expressed, by God, I am innocent.
After the executioner tied the fatal noose to Haggerty, he brought up John
Holloway, who wore a smock-frock and jacket, as it had been stated by the
approver that he did at the time of the murder ; he had also a white cap on,
was pinioned, and had a halter round his neck ; he had his hat in his hand ;
and mounting the scaffold, he jumped and made an awkward bow, and said,
" I am innocent, innocent, by God !" He then turned round, and bowing,
made use of the same expressions, " Innocent, innocent, innocent ! Gentk-
nie.n! — No verdict! no verdict! no verdict! Gentlemen — Innocent! inno-
cent /"
The crowd which assembled to witness this execution was unparalleled,
being, according to the best calculation, nearly forty thousand persons. About
eight o'clock not an inch of ground was unoccupied in view of the platform.
The pressure of the crowd was such, that before the malefactors appeared,
numbers of persons were crying out in vain to escape from it : the attempt
only tended to increase the confusion. Several females of low stature, who
had been so imprudent as to venture amongst the mob, were in a dismal
situation : their cries were dreadful. Some who could be no longer supported
by the men were suffered to fall, and were trampled to death. This was also
the case with several men and boys. In all parts there were continued cries
0^ Murder ! Murder ! particularly from the female part of the spectators and
children, some of whom were seen expiring without the possibility of obtaining
the least assistance, every one being employed in endeavouring to preserve his
own life. The most affecting scene was witnessed at Green-Arbour Lane,
nearly opposite the debtors' door. The lamentable catastrophe which took
place near this spot, was attributed to the circumstance of two pie-men attend-
ing there to dispose of their pies, and one of them having his basket over-
thrown, some of the mob not being aware of what had happened, and at the
same time severely pressed, fell over the basket and the man at the moment
he was picking it up, together with its contents. Those who once fell were
never more enabled to rise, such was the pressure of the crowd. At this fatal
place, a man of the name of Herrington was thrown down, who had in his
hand his younger son, a fine boy about twelve years of age. The j'outh was
soon trampled to death ; the father recovered, thoutjh much bruised, and was
amongst the wounded in St. Bartholomew's Hospital. A woman, who was
so imprudent as to bring with her a child at the breast, was one of the num-
ber killed : whilst in the act of falling, she forced the child into the arms of
the^man nearest to her, requesting him, for God's sake, to save its life; the
man, finding it required all his exertion to preserve himself, threw the infant
^^
THE UNKNOWN MURDERER. 49
from hirn, but it was fortunately caught at a distance by anotner man, who
findino- it difficult to ensure its safety or his own, disposed of it in a similar
way. The child was again caught by a person, who contrived to struggle
with it to a cart, under which he deposited it until the danger was over, and
the mob had dispersed.
In other parts the pressure was so great, that seven persons lost their lives
by suffocation. The body of the crowd, as with one convulsive struggle for
life, fought furiously with each other ; consequently the weakest, particularly
the women, fell a sacrifice. A cart, which was overloaded with spectators,
broke down, and some of the persons falling from the vehicle were trampled
under foot, and never recovered. During the hour the malefactors hung, little
assistance could be afforded to the unhappy sufferers ; but, after the bodies
were cut down, and the gallows was removed to the Old Bailey yard, the
marshals and constables cleared the streets where the catastrophe had occur-
red, when nearly one hundred persons, dead or in a state of insensibility,
were found in the street. Twenty-seven bodies were taken to St. Bartholo-
mew's Hospital ; four to St. Sepulchre's Church ; one to the Swan on Snov,'-
Hill ; one to a public-house opposite St. Andrew's Church, Holborn ; one,
an apprentice, to his master's, Mr. Broadwood, piano-forte maker, in Golden-
square ; a mother was seen to carry away the body of her dead son ; and Mr.
Harrison, a respectable gentleman, was taken to his house at Holloway A sai-
lor boy was killed opposite Newgate, by suffocation ; in a small bag which he
carried was a quantity of bread and cheese, and it is supposed he came some
distance to witness the execution. After the dead, dying, and wounded were
carried away, there was picked up a cart-load of shoes, hats, petticoats, and
other articles of wearing apparel. Until four o'clock in the afternoon, most
of the surrounding houses contained some person in a wounded state, who
were afterwards taken away by their friends on shutters or in hackney
coaches. At Bartholomew's Hospital, after the bodies of the dead were
stripped and washed, they were ranged round a ward, with sheets over them,
and their clothes put as pillows under their heads ; their faces were uncover-
ed, and there was a rail along the centre of the room ; the persons who were
admitted to see the shocking spectacle, and identified many, went up on one
side and returned on the other. Until two o'clock, the entrances to the hos-
pital were beset with mothers weeping for their sons ! wives for their hus-
bands ! and sisters for their brothers ! and various individuals for their
relatives and friends !
THE UNKNOWN MURDERER,
OR THE POLICE AT FAULT.
The following case is interesting chiefly from the complete perplexity in
which the reader is left at the conclusion, as to the agent or the motives which
led to the crime, after his curiosity has been raised by glimpses of light which
seemfor a time likely to lead to the truth, but prove at last to be rnere ignes
futui, successively disappearing, and leaving the matter involved in the
same darkness and mystery as before.
The event to which we allude took place in 1817, in the town of M .
In that place resided a goldsmith named Christopher Ruprecht, aged upwards
of sixty; rich, illiterate, quarrelsome, covetous; rude in speech, vulgar in
his habits, whose chief indulgence consisted in frequenting low ale-houses,
and mingling in such haunts with the most disreputable of the lower classes.
His selfishness and his repulsive manners had alienated from him all his
E 7
50 THE UNKNOWN MURDERER,
relations, ■with the exception of a sister and a daughter, who was married in
the town, and who still continued, as much from interest perhaps as affection,
nc'twithstandino- his peculiarities of temper, to visit him regularly.
Ruprecht had for some time past selected, as the favourite inn in which he
chose to take his ease, a small ale-house at tlie end of a dark winding lane,
'^ '' which, from its gloomy situation, bore the appropriate title of Hell. About
half-past eight o'clock on the evening of the 7th of February, 1817, he re-
paired thitber according to custom, took liis seat among tbe circle which
generally assembled round the inn fire on the first floor, and in his usual petu-
lant and ill-tempered style, joined in the conversation, which was prolonged
till past ten o'clock, when Ruprecht despatched the landlord to the ground
floor for a further supply of beer. As tbe landlord was reascending the stairs,
a voice from the passage below was beard inquiring if Ruprecht was above ;
and on the landlord answering (without turning his head) that be was, he
was requested by the jierson below to desire bim to come down. No sooner
was tbe message delivered to Ruprecht, than he rose and hastily left the
room. A minute had hardly elapsed when tbe company beard distinctly
from tbe j)assage below loud groans, followed by a sound as of a heavy body
falling in the passage. All hurried down stairs to the number of eleven.
Ruprecht was found lying near tbe house-door still alive, but covered with
blood flowing from a large wound on bis head ; his leather cap at a little
distance, which had been cut through by the blow. The only sounds which
he uttered, when lifted up, were, " The villain — the villain with the axe."
And once afterwards, " My daughter, my daughter." She was imme-
diately sent for ; but bis mind apparently wandered, and he did not recog-
nise her.
No trace of the assassin appeared in tbe neighbourhood ; no weapon was
found in the passage or near the door. Tbe wound, when examined, was
found to be one inflicted with a sharp instrument — to be about four inches
long, extending along the top of the head, but sinking towards the back,
upon the left side of the skull, and deeper at tbe bottom than the top. That
it had not been given in tbe jjassage seemed pretty clear; first, from the cir-
cumstance that a lamp always burned there, and servants were constantly
crossing and recrossing ; secondly, that to have inflicted such a wound, the
blow must have fallen with great force from behind and from above ; while
the lowness of the roof, which any one might touch with his hand, would
have rendered it im])ossible for tbe murderer, in such a position, to have raised
his arm so as to have directed his weapon with any force against his victim.
From tbe position, too, in which Ruprecht was found, immediately behind the
house-door, which was open, the probal)ility was, that the fatal blow had
been given v.dthout the door, and that Ruprecht, after receiving it, had been
able to stagger back into tbe passage. Tbe house, as already mentioned,
'•^ stood at the extreme corner of an obscure lane, to which there was no access
from the other side. Two steps led to the door in front, and on tbe left side
of these steps was a stone seat, about two feet in height, and standing on
these steps apparently, the nmrderer had awaited bim, and when the gold-
smith came to the steps in front of the door, directed his blow at him from
this " bad eminence" behind.
With what weapon the blow bad been inflicted was not so clear. The
unconnected expressions of Ruprecht seemed to point at an axe as the instru
ment; but the opinion of the medical inspector rather was, that the blow had
been given by a heavy sabre, and by aa experienced band.
In the mean time all that could be done further was to wait, in hopes that
the wounded man would so far recover his senses as to be able to throw
some liglit upon this atrocious deed. On tbe evening of the following day,
he appeared sufficiently in his senses to warrant the judge in commencing his
examination. The wounded man's answers were given in monosyllables. He
was asked, " Who struck you 1" — "Schmidt." — "What is this Schmidt —
OR THE POLICE AT FAULT. 51
where does he reside T' — " In the Most.''''* — " With what did he strike you V
— " A hatchet." — " How did you know him V — " By his voice." — " Was he
indebted to you V He shook his head. " What was his motive ]" — " Quar-
rel." From the state of exhaustion in which he appeared to be, the judge
did not interrog-ate him further at the time as to the nature of the quarrel.
To the first and second interrogatories, which were repeated, he again dis-
tinctly answered " Schmidt — wood-cutter." And he gave the same answer to
similar questions put to him afterwards, in presence of the officials, by his
daughter, sister, and son-in-law.
Who then was Schmidt, whom the dying man had denounced as his mur-
derer? Schmidt is as common a name in Germany as Smith in England ; and
accordingly it turned out that there v/ere three Schmidts in the town, all
wood-cutters. One of them, Abraham Christopher Schmidt, resided in the
Hohen Pflaster; the other two, who were brothers, lived in the street called
the Most, or the Walsh, to which the wounded man appeared to have alluded.
With regard to the first, it was ascertained that he laboured under the charge
of having been in early youth connected with a gang of thieves, and having
been imprisoned in consequence; the second, who went by the name of the
Great Schmidt, had been an old acquaintance of liuprecht's, but had ceased
to be so in consequence of having given evidence against him in an action
of damages ; the third, who was distinguished from his brother by the name
of the Little Schmidt, was also an acquaintance of Ruprecht's, but one with
whom he had never appeared to be on good terms.
Before proceeding to the arrest of any of these individuals, Ruprecht, who
had in the mean time undergone the operation of trepanning, was again exa-
mined. When asked, in addition to the former questions, — to which he gave
the same answers, — which of the Schmidts he meant, the Great or the Little,
he made some attempts to speak, but failed. When asked again whether he
resided on the Most, — he was silent. Was it upon the Hohen Pflaster ?
He answered with difficulty, but distinctly, " Yes ;" and then relapsed into
insensibility.
As he thus wavered between the inhabitants of the Most and that of the
Hohen Pflaster, it was evident that all the three Schmidts must be taken into
custody. They were accordingly apprehended, with the view of being con-
fronted with the wounded man, and the murderer, if possible, identified by
him. When they were brought into his room, Ruprecht was sensible, but
unable to lift up his eyes, so that the main object of the interview was baf-
fled. There were differences, however, in the behaviour of these individuals,
which, while they tended to avert suspicion from two of them, directed it
with increasing force against the third. The two brothers appeared perfectly
composed ; they spoke to Ruprecht, called him by name, and expressed their
sympathy for his situation. Not so the Schmidt of the Hohen Pflaster. He
seemed agitated and restless ; when asked if he knew the person in bed, he
first said he did not, then that it was Ruprecht, and that he knew him well ;
first, that he remained with his mother-in-law, on the evening of the murder,
till eleven ; then, that he had left his house at nine, and gone instantly to
bed. He protested his innocence and ignorance of the whole matter, and
appealed to the testimony of his mother-in-law, his wife, and his neighbours.
His evident agitation, and his contradictions, which he did not make any
farther attempt to reconcile, appeared to the judge sufficient grounds for sub-
jecting him to the provisional arrest, and on the tenth of February he was
committed to prison.
On the following day all hope of eliciting further information from Ru-
precht was put an end to by his death. After the interview already men-
tioned, he never recovered his senses.
Subsequent investigations tended to increase the suspicions against Chris-
* The name of a street in the town, also called the Walch.
52 THE UNKNOWN MURDERER,
topher Schmidt which his behaviour on the first occasion had awakened. On
inspecting bis house, the handle of his axe, near the blade, was found to be
streaked with red spots resembling' blood. The truth of the report as to his
former imprisonment for theft he did not attempt to deny ; though he alleged
that he had been merely made the innocent instrument of conveying the
stolen property into town. His inconsistencies and contradictions on his first
summary examination were still more startling and irreconcilable than those
into which he had run when confronted with Ruprecht. When asked to
explain how he knew the wounded man to be Ruprecht, since he stated he
had never seen him before, he gave no other explanation except that he had
heard before of the accident which had befallen him, as it was the general
theme of conversation at the Boar.* To the question where he had been on
Friday night, he first answered that he had been along with his wife and child
in the house of his mother-in-law, where they were accustomed to work in
the evenings, to avoid the expense of light at home, till nine o'clock, when
he had taken liis child home, and gone to bed, where he had remained till
next morning at seven ; that his wife had not returned till ten, having had to
work a little longer with her mother, and intrusted the child to his care.
" But," said the judge, " yesterday you said you did not return till eleven
o'clock." — "Yes, at eleven — 1 returned with my wife." — "A few minutes
ago you said you returned at nine, and that your wife remained behind you ;
now how do you explain this?" — "My neighbours will testify I returned at
nine. My wife remained for a short time behind me — she returned after ten,
when I was asleep ; she must have come in by using the key of the street
door." — " The key of the street door, you said a little ago, was in your
mother's possession, in the house ; how could your wife, who Avas at her
mother's, have used it to obtain admission ]" — " She had the key with her.
I said my wife returned along with me at nine o'clock, assisted me to put the
child to bed. then took the house-key off the table, and returned to her mo-
ther's. She came back at eleven o'clock at night." — " Just now you said at
ten." — " I was asleep ; it may have been ten."
These irreconcilable contradictions as to the hour at Avhich he himself had
returned — which he sometimes stated to be nine, sometimes eleven ; as to his
returning alone or in company with his wife; as to the hour at which she
had returned, and the mode by which she had obtained admittance ; his pre-
vious imprisonment; his conduct when confronted with Ruprecht; and
during his examinations his downcast and suspicious look ; his anxiety to
avoid any lengthened explanations ; the spots upon his axe ; the dying ex-
pressions of Ruprecht as to the name and residence of his murderer; all
these, taken together, formed a most suspicious combination of circumstances
against Schmidt.
On the other hand, the very grossness of these contradictions seemed to
lead to the inference that they must have proceeded rather from want of me-
mory, of intellect, or self-possession, than from a desire to pervert the truth.
It was unlikely that any one but a person whose intellectual faculties were
weakened or disordered either by natural deficiency or temporary anxiety and
fear, or both, should in the course of half an hour vary his account of the
time at which he returned home, from nine to eleven, from eleven to nine ;
or at one moment represent himself as returning alone, the next in company
with his wife. The report of his relations and neighbours proved that such
was the character of Schmidt ; that his dulness of intellect almost amounted
to idiocy ; and that his serious, quiet, sheepish manner had procured him the
nickname of " Hammela," or the sheep. It was not difficult, then, to believe
that a man, who, according to these accounts, never was able under any cir-
cumstances to express himself clearly, or almost intelligibly, when suddenly
apprehended, confronted with a dying man, imprisoned and examined, called
* A little ale-house, in which he stated he had been the day after the event.
^. OR THE POLICE AT FAULT. 53
upon to explain contradictions, should at once lose the little remnant of com-
posure or intellect that remained to him, and answer without understanding
the questions put to him, or the answers which he gave. For instance, his^
answer to the question how he recognised Ruprecht, whom he had never seen,
illogical as it was, is intelligible enough when the character of the respond-
ent is kept in view. All he meant to say probably was, that he knew that
the person before him was Ruprecht, because he had heard before of the as-
sassination, and that the wounded man was lying in the house where he had
been brought to be confronted with him. As to the time and manner of his
return, too, a confusion might not unnaturally arise in the mind of one so
simple, between the hour at which he had himself returned, and that when
his wife had last returned from her mother's house ; and although even then
contradictions existed, many of the circumstances which at first sight ap-
peared inconsistent in his narrative might be explained by supposing the
true state of the case to have been this : that he and his wife had left her
mother's together at nine, with the child, and gone home; that after her hus-
band and the child were in bed, his wife had, as he stated, returned to her
mother's to finish her work, and had finally returned home between ten and
eleven o'clock.
This was in fact substantially proved by the investigation that followed.
His mother-in-law, Barbara Lang, stated that the husband and wife were
accustomed to pass the evening in her house to save fire and light; that they
had let\ the house about half-past nine, accompanied by the child ; that her
daughter had afterwards returned, and remained with her for about an hour
and a half, when she went home. Cunegunda, the wife of the accused,
though she represented the hour at which they left her mother's house as
earlier than that which her mother had indicated, agreed with her in other
particulars. She had accompanied her husband and child home, had seen
them in bed, and then taking with her the only light they had in the house,
had gone back to her mother's. On her return after ten, she had been let in
by the woman of the house, had found her husband asleep, and neither of
them had left the house afterwards till next morning. Barbara Kraus, the
landlady, had seen Schmidt return home on Friday evening, accompanied by
his wife, who bore a light, and carrying his child on his arm, as she thought,
between eight and nine o'clock ; she had opened the house-door to them, and
Schmidt, as he walked up to his room, had good-humouredly wished her good
night. She at first stated that she had not again opened the house-door to
his wife that night; but upon the question being reiterated, she admitted she
might have done so without recollecting, her attention being at the time very
much occupied with other matters.
Though there was some discrepancy between these witnesses as to time,
that was easily accounted for without any suspicion of falsehood in the case
of persons who had no clock or watch in the house to refer to, and particu-
larly in a long and dark night in February. The only question was, which had
made the nearest approach to the truth — a question of considerable import-
ance in reference to the possibility of the guilt of the accused. Taking a
medium between the different periods, and supposing Schmidt to have reach-
ed his house accompanied by his wife about a quarter past nine, and to have
been again found in bed on her return about half-past ten, the intervening
period of an hour and a quarter was the whole time during which it was pos-
sible the crime could have been committed. The blow had been given by
all accounts at a quarter past ten ; the ale-house, where it took place, was at
the distance of about a mile and a quarter from Schmidt's house, and the
path of a murderer going to or stealing home from the scene of his crime, is
seldom the most direct one. Supposing, however, that there was time enough
to have reached the spot, completed the crime, and returned, which was barely
possible, was it likely that a murder so cool and treacherous would be per-
petrated by one who had been laboriously and industriously toiling for the
E 2
54 THE UNKNOWN MURDERER,
support of his family the whole evening by his mother-in-law's fire — who
had peaceably returned home and gone to bed with his child — that a being
so slow and sluggish in his intellect, so incapable of acting with decision in
the ordinary affairs of life, should all at once, as if the scheme had long
been matured, seize the instant when his wife had left the house, to spring
up, hurry to a distance, lie in wait for, and deliberately murder a fellow
being, and then be found quietly asleep at home in the course of a quarter of
an hour after the crime was perpetrated "? This, if the testimony of his wife
Avas to be believed, — and there existed apparently no reason to doubt its
truth, — was, to say the least, in the highest degree improbable.
But the red spots upon tlie handle of his axe 1 How were these to be
accounted for? Tlie accused answered that if such spots existed, of which
he knew nothing, thej' must have proceeded from a swelling in the hand,
produced by heat, which had burst the day before. Lut the swelling, it was
answered, is upon the right hand; the stains are on the upper part of the
handle near the blade, which is held in the left hand; if the stains had been
occasioned by blood tlovving from the swelling on the right, they must have
been on a different part of the handle entirely, near the bottom. The accused
replied that he was what is generally termed left-handed, and that in hewing,
contrary to the usual practice, he held the lower part of the handle in his
left hand, and the upper in his right ; a statement which was corroborated by
his mother and others who were acquainted with him. Farther, tbe medical
officer of the court, on examining tbe stains, expressed his doubts whether
they were really stains from blood at all, since they appeared to rub out
more easily than they would have done if they had proceeded from such a
cause. On this ground of suspicion, therefore, it was evident nothing could
now be rested.
The examination of the axe showed farther, that it could not well be the
weapon with which the wound had been inflicted. The wound caused by
the blow of an axe striking straight down, and not drawn along- like a sabre
cut, was not likely to be longer than the edge of the blade itself. But here
the length of the edge was only three and one-third inches, the length of the
wound four inches, while the cut in the leather cap which had been divided,
was four and one-third inches in length. The form of the wound in the head,
too, which at both ends came gently to a point, seemed irreconcilable with
the broad and equally defined incision all along, likely to be made by the
blade of an axe.
Even the slender support afforded to the accusation by the charge of a pre-
vious imprisonment for theft, was next removed. The prisoner's vindication
of himself was found to be substantially correct; while his good character
for sobriety, industry, simplicity, and good nature for years past, was estab-
lished by a mass of evidence.
Thus, one by one, the grounds of suspicion which had at first appeared
to be assuming so firm and compact a form, crumbled away; and though
Christopher Schmidt was not yet finally liberated, it was evident that as mat-
ters stood his speedy acquittal from the charge was certain. But as the cloud
of suspicion passed off from Christopher, it gathered for a moment round the
heads of his namesakes, the Great and the Little Schmidt, inhabitants of the
Walch-street.
Both of these individuals, as already mentioned, had been acquainted with
Ruprecht; and so far at least as occasionally carousing together went, had
been for a time among his usual boon companions. Their intimacy, however,
for it never seemed to have amounted to friendship, had been suddenly put
an end to in consequence of a quarrel, in which Ruprecht got involved with
the surveyors of bis district, Friedmann and Gotz, in the course of which
the goldsmith, having publicly made some unfounded and abusive charges
against these official persons, was convicted upon the evidence of his former
acquaintances, the Schmidts, and sentenced to a short imprisonment on bread
OR THE POLICE AT FAULT. 55
and water. Ruprecht had retaliated by an action of damagres against Gotz
and Friedmann, which was still in dependence at the time of his death. Was
it possible, then, that these persons had made use of the Schmidts, who had
previously given them the benefit of their testimony against Ruprecht, as
instruments of their revenge against their pertinacious opponent ] Possible
certainly ; but in the highest degree improbable ; for the surveyors appeared
throughout the whole proceedings with Ruprecht to have acted with the
gi'eatest discretion and forbearance ; and their general character was that of
men utterly incapable of any act so atrocious, particularly from a motive so
inadequate. Not less satisfactory was the report as to the character of the
supposed actors, the Schmidts, who were remarkable in their neighbourhood
for their industrious and honest conduct, while the proof as to their not
having committed the crime w^as finally placed beyond a doubt by the evi-
dence of several witnesses, who spoke to the fact of their having returned
home early on the night of the murder, and not having left the house till
next morning.
Two other circumstances at this time occurred, as if to show the endless-
ness of this search after Schmidts: the one that two other Schmidts were
discovered, not indeed living in the town, but in the suburbs, and one of them
the woodman generally employed by Bieringer, Ruprecht's son-in-law ; but
against neither of these was any trace of suspicion found. The other cir-
cumstance was, that it was now ascertained that Ruprecht had not only varied
in his accounts as to the residence of his supposed assassin, but that in some
of his conversations with his relatives, Avhen asked if he knew who had
injured him, he had answered in the negative. Perhaps then the whole was
a mere vision growing out of the confusion of his mind at the time, and his
mixing up the idea of a woodman's axe, which he naturally enough imagined
had been the instrument of his death, with the recollection of the two wood-
men, the Schmidts, who had played so conspicuous a part in the proceedings
at the instance of the surveyors.
Long indeed before this conclusion had been come to, it had occurred to
some of the official persons that they were proceeding on a wrong scent, and
that the actors in the villany were to be found nearer home.
When Ruprecht was found in the passage immediately after the blow, the
expressions he used, it will be recollected, were — '' Villain, with the axe!"
And shortly afterwards, " My daiighter ! — my daughter!" These had been
naturally interpreted at the time into an expression of his anxiety to see her ;
but circumstances subsequently emerging seemed to render it doubtful whether
his exclamation did not bear a less favourable meaning.
The matrimonial life of Bieringer and his wife, it appeared, had been long
a very unhappy one. Her husband for a time constantly complained to his
father-in-law of her love of dress, and her quarrelsome temper; which on
one occasion had reached such a height, that she had been subjected to an
imprisonment of forty-eight hours for disturbing the peace of the neighbour-
hood. This last remedy had been found more efficacious than the previous
complaints, and from that time down to the death of Ruprecht, the couple
had lived on tolerable terms.
Not so, however, Ruprecht and his son-in-law. Bieringer, who was a
man of some education and refinement of manners, had never concealed the
dislike with which he regarded the vulgar propensities of his father-in-law;
and this, added to his complaints against his wife, had so irritated the old
man, that he never spoke of Bieringer but in terms of violent hostility. But
a few days before his death, he had called him, before his own servant, a
damned villain, whom he would never speak to even if he were on his death-
bed. Actuated by these feelings towards him, Ruprecht had for some time
past determined to make a will, by which his property, which he was to
leave his daughter, was to be placed entirely beyond the control of her hus-
band ; and this intention he had announced, about two months before his
56 THE UiXKNOWN MURDERER,
death, to his daughter, and more lately to his apprentice Hogner, to whom he
assigned as his reason his determination to disappoint that villain his son-in-
law. Nay, within a few hours of his murder, he had sent for Hogner to
assist him in arranging his papers, and had fixed the following Sunday for
completing the long-projected testament. This intention he had announced
in the hearing of his servant. From some one of these sources his determi-
nation might have been communicated to Bieringer ; a sufficient motive for
the removal of the testator would thus have been furnished ; and unques-
tionably there was a singular coincidence in point of time between the con-
versation of Friday afternoon and the murder at night, which favoured
the suspicion that they might stand to each other in the relation of cause
and effect.
When the intelligence of his father-in-law's being wounded was first
brought to the house of Bieringer, he observed to his wife coldly, and with
an appearance of ill-humour, that she must go over to see her father, to whom
something had happened, adding, "we have nothing but plague M'ith him."
The conduct of the daughter when she came into the ale-house seemed to
some of the spectators to disjday a want of real feeling. One of her first
concerns was, to see whether her father bad his keys about him, and having
ascertained that he had, she took possession of, and walked away with them.
With the removal of her father from the inn to his own house, all her lamen-
tations ceased. She appeared, as some of the witnesses stated, scarcely to
treat him with ordinary kindness, and to give grudgingly, and of necessity,
what was necessary for his comfort.
While the investigation was proceeding against the Great Schmidt, she
displayed a singular anxiety to increase the suspicion against him, by report-
ing conversations with her father which no other person had heard ; in which,
besides pointing out Schmidt Woodman as his murderer, he was made to
add, " he was a large man." Her own husband, Bieringer, it is to be ob-
served, was very small in stature. She made great efforts to be allowed to
be present when Schmidt was confronted with her father, alleging, as her
reason, that she wished to remind him of the omniscience of God, Avhich
might, perhaps, lead him to confession ; for the others she was assured were
innocent of the crime.
These attempts to throw suspicion on one who was clearlj' proved to have
had no concern with the murder, the other suspicious circumstances in the
conduct of the daughter, the situation in which Bieringer stood with his
father-in-law, and the temptation to make away with Ruprecht, arising from
the intended execution of the testament, left at first a strong impression on
the mind of the judge that Bieringer, or some emissary of his, would be found
to be the murderer.
Here also, however, as in the'former cases, the grounds of suspicion va-
nished, one by one, into thin air.
That the words " my daughter !" uttered by Ruprecht, truly denoted no-
thing else but his anxiety to see her, appeared from the fact mentioned by bis
sister Clara, that such was his constant practice when any thing unpleasant
or vexatious happened to him, and also from the evidence of the landlady of
the Holle, who stated that she herself had first suggested sending for his
daughter, to which he assented by an affirmative nod of his head. Bieringer's
coldness and indifference when the news of the accident were delivered to
him, were such as might have been expected from one who, for a long time
before, had been on terms of mutual dislike with his father-in-law; but by
no means easily reconcilable with the supposition that he was himself, me-
diately or immediately, his murderer. The inferences arising from the depo-
sitions of the first witnesses as to the insensibility evinced !)y the daughter,
were entirely neutralized by the evidence of others, who described her con-
duct as dutiful and affectionate in the highest degree; even her taking the
keys from her father's person appeared to have been done at the suggestion
THOMAS SIMMONS. 57
of the surgeon who was present, and who imagined that the murder might
have been committed as a preliminarj'^ to robbery. Her accusation of Schmidt
might have been founded on expressions really used by her father, whose
mind, it was now plain, had often wandered after the blow. And the anxiety
with which she followed it up was natural, and even laudable, supposing her
to have once adopted the idea that Schmidt was the murderer. Even the
ground-work of the whole suspicion, namely, the supposed motive arising
from the intended execution of the testament by which his wife's fortune
was to be placed beyond Bieringer's control, was completely shaken ; for it
was found that there was not even probable evidence that ever such an inten-
tion had reached his ears. His wife stated that she had never communicated
to him her conversation with her father, which, from the indifferent terms on
which they lived, and the consideration that it would have been an advan-
tage to her had her father lived to carry his intentions as to his will into
effect, appeared extremely probable ; nor had Hogner, his other confidant,
divulged it to any one. The maidj who had been present during the inter-
views with Hogner on Friday afternoon, equally disclaimed having ever
spoken of it. His brother and sisters had never heard of Ruprecht's inten-
tions. Finally, there was distinct evidence that Bieringer himself at least
had not been the murderer, because at a quarter past ten, when the murder
was committed, he was proved to have been quietly seated in the parlour of
the Golden Fish. The result of the preliminary investigations on the whole
was to satisfy the judge that no real ground of suspicion existed either atrainst
Bieringer or his wife.
Even after all these failures the investigation was not abandoned. The
servant who had been called upon to point out the name of any person who
had done business with Ruprecht shortly before his death, mentioned that
three persons, appearing to be of the regimental band, had been in Ruprecht's
house on the morning of the murder. On inquiry, it was ascertained that
this statem.ent was correct, and the three men, who turned out to be oboe-
players in the band, were forthwith taken into custody. It appeared, from
their own admission, that one of them, Proschl, had procured a loan of
twenty-two florins from Ruprecht shortly before ; that the creditor had be-
come clamorous for payment, and that the debtor, accompanied by the other
two, Miihl and Spitzbart, had called on Ruprecht on the Friday inorning, with
the view of obtaining some delay ; and that Ruprecht had fixed the follow-
ing morning for accompanying Pruschl to his brother-in-law, from whom he
Said he expected to receive the money. Add to this, the opinion, which
from the first had been expressed by the inspecting physician, that the blow
seemed to have been inflicted by a sabre ; and there was enough to warrant
the judge in thinking, that here, at last, he might have stumbled upon the
real murderer. Here also, however, the rising fabric of evidence was at
once overturned by a clear proof of alibi on the part of one and all of the
suspected assassins.
And here, at last, justice was obliged to give up the pursuit; nor has any
light been since thrown upon this strange story.
THOMAS SIMMONS,
FOR MURDER, OCTOBER 20, 1807.
The prisoner was arraigned at the bar on the morning of the 4th of March,
1808, and the usual plea having been received, the case, which consisted of
a few facts only, to be substantiated by evidence, was opened by Mr. Pooley.
He mentioned the circumstance of the prisoner's having lived fellow servant
8
58 THOMAS SIMMONS,
at Mr. Boreham's, at Hoddesdon, with Elizabeth Harris, to ■whom he had
paid his addresses, wishing to marry her; with other particulars which would
appear in evidence, and would be necessary to connect the facts, and to
ascertain the motives upon which the murder had been perpetrated.
Elizabeth Harris, beino- sworn, and asked in whose service she was at
the time of this unfortunate accident, answered that she then lived with Mr.
Boreham's family, and for four years precedino- ; that the prisoner had lived
there three years, but quitted his service at ^lichaelmas. On being asked if
the prisoner had not expressed some strong inclination to marry her, she
answered that he had, but that her mistress disapproved of it; and that he
had quarrelled with the witness on that account before he left the service,
and was so enraged as to beat her; and not contented with this, declared
that he did not care if he had killed her; further adding, that he had often
said he would make away with her, because she would not marry him. She
then added, that the murder was effected about half-past eight in the evening;
that she first heard him coming along the yard towards the house, at which
time she was in the kitchen; that she heard him swearing violent!}', and she
requested him not to make a noise or disturbance, as there was company in
the house ; but he said he did not care for the company, as he would do for
them all. The witness then ran into the wash-house, and shut the door,
when he struck at her through the lattice.
At this time the noise being very considerable, Mrs. Hummerstone opened
the door and came into the yard, telling him to go away; when he struck
her on the head, and knocked oH' her bonnet; on which she ran back into the
house, and he followed her immediately. The witness heard the shrieks of
murder, though she could not tell from whence they came, as all the family
were in the room, consisting of INIrs. Boreham's three daughters, with Mrs.
Warner, a married daughter, their father and mother, and Mrs. Hummerstone.
The witness then added, that the prisoner very soon came towards the wash-
house, when she again shut the door, and cried out, INIurder! and imme-
diately ran into the sitting room.
She saw some person lying under the window, but from her fright could not
say who it was; she ran away down the passage, followed by the prisoner,
where she met her master, a very feeble old man, with a poker in his hand,
who was knocked down in running hastily. Being seized by the prisoner,
the witness was thrown down, when he drew a knife across her throat, by
which her hand, in guarding it, was much cut; and, in his second attempt,
she wrested it from him, on which he ran away immediately, and she saw no
more of him. In his attempts to murder the witness, he threw her across
, Mrs. Warner, who was then, as she believed, lying dead.
Sarah Cakebury was next sworn, who deposed, that she lived near Mrs.
Boreham's at the time of this misfortune, on the 20th October, and was
alarmed on that evening with the cry of murder ; on which she went into the
house, when she passed Mrs. Hummerstone, and saw Mrs. Warner lying
dead under the window.
George Britton was afterwards sworn, who stated, that on the fatal evening
of the 2()th October, in consequence of hearing of this melancholy event, he
went to Mr. Boreham's house at Hoddesdon ; and, after he had been informed
more particularly respecting it. proceeded without delay in search of the
murderer. On finding the hat of Tom Simmons, the prisoner at the bar, in
the cow-house, he went in search of him, but did not find him.
Thomas Copperthwaite, on being sworn, deposed, that he also went in
search of the murderer, and discovered Simmons the prisoner concealed
under some straw in a crib in the farm-yard ; and on being interrogated as to
his dress, he stated, that he had on a smock-frock, which was very bloody,
and that the place where he was found was about a hundred yards from the
house.
The coroner, Benjamin Rook, Esq. being next called and sworn, deposed
MAJOR ALEXANDER CAMPBELL. 59
that when the testimony of Elizabeth Harris, at the time of the inquest, was
read to the prisoner at the bar, he said it was very true ; that he had murdered
them, and no one else ; that it was not his intention to have murdered ]Mr3.
Hummerstone, but that he went to the house with a full design to murder
Mrs. Boreham, Mrs. Warner, and Elizabeth Harris the servant.
The constable, under whose custody he was conveyed to Hertford jail, on
being sworn, deposed to the same effect ; with this additional circumstance,
acknowledged to him by the prisoner, that after he had thrown the servant
down, he heard something fluttering over his shoulders, which made him get
up and run away.
The evidence being summed up by Mr. Justice Heath, before whom he
was tried, on a case so very clear, he said, that observations were rendered
unnecessary ; because, if any doubt could possibly have existed of the pri
soner's guilt, he had more than once voluntarily acknowledged it. The jury
almost instantly gave the verdict of Guilty ,■ and the judge proceeded, without
delay, to pronounce the dreadful sentence of the law in the accustomed man-
ner; to be hanged on the following Monday, and his body to be committed to
the surgeons to be anatomized. The sentence seemed to atfect him very little,
and he walked from the bar with great coolness and indifference ; and suffered
the punishment denounced for his crime accordingly, on the 7th of March, 1 808.
It will appear from the preceding account of the trial for the murder of
Mrs. Hummerstone, that no indictment was preferred on account of Mrs.
Warner. Our readers should be acquainted that Mrs. Warner, the eldest,
and only married daughter of Mr. Boreham, and her whole family were
of the society of quakers, and was then on a visit to her parents at Hoddes-
don. Mrs. Hummerstone was housekeeper to Mr. Batty, of the Bull Inn
there, and superintended the business ; and was then at Mr. Boreham's by
invitation to spend the evening. Mrs. Warner's husband was a brass-founder,
residing in the Crescent, in Kingsland Road, and the factory was in the
Crescent, in Jewin-street, near Aldersgate. The prosecution of the indict-
ment for the murder of Mrs. Hummerstone was carried on at the instance
of Mr. W. White, and Mr. B. Fairfax, of the Black Bull Inn, Hoddesdon,
and Mr. J. Brown, churchwarden ; a measure rendered absolutely necessary
from the refusal of Mr. Boreham's family to prosecute on behalf of Mrs.
Warner.
MAJOR ALEXANDER CAMPBELL,
FOR THE MURDER OF CAPTAIN ALEXANDER BOYD, AT ARMAGH,
IN A DUEL, 1807.
Alexander Campbell was brevet-major in the army, and a captain in the
21st regiment of foot : he was a first cousin of the earl of Breadalbane, a
man beloved and esteemed by all his friends. After the unfortunate duel,
which took place in June, 1807, major Campbell made his escape from Ire-
land, lived with his family, under a fictitious name, in Chelsea; but his
mind became so uneasy that he at last determined to surrender himself.
Accordingly, in the summer of 1808, he was indicted at the Armagh
assizes, for the wilful and felonious murder of Alexander Boyd, captain in
the same regiment, by shooting him, the said Alexander Boyd, with a pistol
bullet, on the 23d of June, 1807, in the county of Armagh, in the kingdom
of Ireland.
George Adams, who was assistant-surgeon in the 21st regiment, since
April twelve months, said he knew major Campbell and captain Boyd. In
60 MAJOR ALEXANDER CAMPBELL,
June 1807, they were quartered in the barrack in the county of Armagh, side
of Newry. On the '23d of said month he was sent for in great haste to cap-
tain Boyd, who died of a wound he received by a ])istol bullet, which pene-
trated the extremity of the four lower ribs, and lodged in the cavity of the
belly. On that day the regiment was inspected by General Kerr, and after
the inspection the general and officers messed together. About eight o'clock,
all the officers left the mess, except major Campbell, captain Boyd, witness,
and a lieutenant Hall. A conversation was then commenced, by major Camp-
bell stating, that general Kerr corrected him that day about a particular mode
of giving a word of command, which he conceived he gave right. He men-
tioned how he gave it, and how the genei-al corrected him. Captain Boyd
remarked, that '• neither was correct according to Dundas, which is the king's
order." (This colloquy, witness stated, took place in the usual mode of
conversation.) Major Campbell said it might not be according to the king's
order, but still he conceived it was not incorrect. Captain Boyd still insisted
" it was not correct according to the king's order." They argued this some
time, till captain Boyd said, " he knew it as well as any man." Major
Campbell replied, he doubted that much. Captain Boyd at length said, " he
knew it better than he did, and he might take that as he liked." Major
Campbell then got up and said, " Then, captain Boyd, do you say 1 am
wrong]" Captain Boyd replied, "I do; I know I am right, according to
to the king's order." lilajor Campbell then quitted the room. Captain Boyd
remained alter him some time : he left the room before witness or lieutenant
Hale, but no observations were made on his going, more than any other gen-
tleman who had dined there. Witness and lieutenant Hall went out together
in a short time after ; they went to a second mess-room, and there captain
Boyd came up to them and spoke to them. They then went out together,
and witness left captain Boyd at lieutenant Deivaris's. In about twenty
minutes after, he was called upon, to visit captain Boyd. He found him sit-
ting in a chair and vomiting blood ; he examined his wound, and conceived it
a very dangerous one. He was in great pain, and survived it about eighteen
hours. Witness stayed with him till he died, during which time he got gra-
dually worse till his dissolution.
John Uvey stated that he is a mess-waiter of the 21st regiment, and was
so then. He remembered the night this affair took place; knew major
Campbell and captain Boyd. He saw major Campbell that night in a room
where he was washing glasses; major Campbell had quitted the room about
ten or fifteen minutes. As the major was coming up-stairs, captain Boyd
was leaving the mess-room, and they met on the stair-head ; both went into
the mess-waiter's room, and there remained ten or fifteen minutes, when they
separated. Prisoner, in about twenty minutes, came again to witness, and
desired him to go to captain Boyd, and tell him a gentleman wished to speak
to him, if he pleased. Witness accordingly went in search of captain Boyd;
he found him on the parade-ground ; he delivered the message, and captain
Boyd accompanied him to the mess-room; no one was there. Witness
pointed to a little room off it, as the room the gentleman was in. He then
went to the mess-kitchen, and in eight or ten minutes he heard the report of
a shot, but thought nothing of it till he heard another. Witness then went
to the mess-room, and there saw captain Boyd and lieutenants Hall and
M'Pherson. Captain Boyd was sitting in a chair vomiting blood. Major
Campbell was gone ; but in ten or twelve minutes he came to the room
where witness was w'ashing glasses. Major Campbell asked for candles;
he got a pair, and brought them into the small room. Major Campbell then
showed the witness the corners of the room in which each person stood,
which distance measured seven paces. Witness never saw major Campbell
after till a week before, though witness never quitted the regiment, but
retained his employment.
John M'Pherson stated, that he was lieutenant in said regiment, knew
FOR MURDER. ' 61 '
major Campbell and captain Boyd, and recollected the day of the duel. On
the evening of that day, going up-stairs about nine o'clock, he heard, as he
thought, major Campbell say, " On the word of a dying man is every thing
fair?" He got up before captain Boyd replied. He said, "Campbell, you
have hurried me — you are a bad man /" Witness was in coloured clothes,
and major Campbell did not know him ; but said again, " Boyd, before the
stranger and lieutenant, was every thing fair]" Captain Boyd replied, " Oh
no, Campbell, you know I icanted you to ivait and have friends /" Major
Campbell then said, " Good God ! will you mention before these gentlemen
— was not every thing fair] Did not you say you were ready]" Captain
Boyd answered, yes ; but in a moment after said, " Campbell, you are a bad
man /" Captain Boyd was helped into the next room, and major Campbell
followed, much agitated, and repeatedly said to captain Boyd, that he (Boyd)
was the happier man of the two. " I am," exclaimed major Campbell, " an
unfortunate man, but I hope not a bad one." Major Campbell asked captain
Boyd if he forgave him. He (captain Boyd) stretched out his hand, and
said, " I forgive you — I feel for you — and am sure you do for me." IVIajor
Campbell then left the room.
John Greenhill was produced to prove that major Campbell had time to
cool after the altercation took place, inasmuch as he went home, drank tea
with his family, and gave him a box to leave with lieutenant Hall, before
the affair took place.
The learned judge, in his charge, briefly summed up the main points, and
thus concluded : —
It has been very accurately stated to you by the coiuisel for the prosecution,
that illegally killing a man, by the law of England, must fall within one of
the three species — homicide, manslaughter, or murder ; and that with homi-
cide you had nothing to do, as the case before you was clearly neither
chance-medley, self-defence, nor any kind of justifiable homicide. The case,
then, must either be manslaughter, or murder. Manslaughter is illegally
killing a man under the strong impulse of natural passion. Three qualities
are necessary to constitute it. In the first place, the passion must be natural;
that is to say, such as is natural to human infirmity under the provocation
given ; — secondly, the act must be such as the passion naturally, and accord-
ing to the ordinary course of human actions, would impel; — and thirdly, and
indeed mainly, the criminal act must be committed in the actual moment of
the passion, flagrante animo, as it is termed, and before the mind has time to
cool. The act of killing, under such circumstances, is manslaughter. But
if any of these circumstances be wanted ; if the passion be beyond the pro-
vocation— beyond what the provocation should naturally and ordinarily pro-
duce; if the act be beyond the passion — beyond what the passion would
naturally and ordinarily impel, or if it be not committed in the very moment
of the passion, and before the passion either has or should have passed
away ; — in all these cases, the act of criminal killing is not manslaughter,
but murder.
Now to apply this to the present case. The provocation, as stated by the
evidence, consisted in these words, "Do you say I am wrong]" — "Yes, I
do ;" and the manner in which those words were said. It remains for you,
therefore, gentlemen, to judge, whether such a provocation was sufficient to
constitute that passion which, under the interpretation of the law, would
render the prisoner at the bar guilty of manslaughter only, or whether the
consequent passion was not above the provocation, and, therefore, that the
prisoner is guilty of murder. You will consider this coolly in your own
judgment, and will remember upon this point the evidence that has been
given ; that the words were certainly offensively spoken, but that it was in
the heat of argument, and that by a candid explanation, as the evidence
expressed it, the affair might not have occurred.
You will next have to consider, whether tiie criminal act was committed
F
02 MAJOR ALEXANDER CAMPBELL.
in the moment, the actual moment of the passion ; or whether the prisoner
had time to cool, and to return to the use of his reason. Upon this point,
you must keep your attention more particularly fixed on that part of the
evidence which goes to state that major Campbell returned home, took his
tea, and executed some domestic arrangements, after the words, and before
the meeting. If you are of opinion, either that the provocation, which I have
mentioned to you, and which you collect from the evidence, was too slight to
excite that violence of passion which the law requires for manslaughter; or
that, be the passion and the provocation what it might, still that the prisoner
had time to cool, and return to his reason — in either of these cases, you are
bound upon your oaths to find the prisoner guilty of murder.
There is still another point for your serious consideration. It has been
correctly stated to you by the counsel, that there is such a thing which is
called the point of honour — a principle totally false in itself, and unrecognised
both bylaw and morality; but which, from its practical importance, and the
mischief attending any disregard of it to the individual concerned, and par-
ticularly to a military individual, has usually been taken into consideration
by juries, and admitted as a kind of extenuation. But in all such cases,
gentlemen of the jury, there have been, and there must be, certain grounds
for such indulgent consideration — such departure from the letter and spirit of
the law. In the first place, the provocation must be great; in the second
place, there must be a perfect fair dealing — the contract, to oppose life to life,
must be perfect on both sides, the consent of both must be full, neither of
them must be forced into the field : — and thirdly, there must be something of
necessity, to give and take the meeting; the consequence of refusing it being
the loss of reputation, and there being no means of honourable reconcilia-
tion left.
Let me be not mistaken on this serious point. I am not justifying duel-
ling ; I am only stating those circumstances of extenuation, which are the
only grounds that can justify a jury in dispensing with the letter of the law.
You have to consider, therefore, gentlemen of the jury, whether this case has
these circumstances of extenuation. You must here recall to your minds the
words of the deceased, captain Boyd — "You have hurried me — I wanted to
wait and have friends — Campbell, you are a bad man." These words are
very important; and if you deem them sufficiently proved, they certainly do
away all extenuation. If you think them proved, the prisoner is most clearly
guilty of murder; the deceased will then have been hurried into the field ;
the contract of opposing life to life could not have been perfect. It is
important, likewise, in this part of your consideration, that you should revert
to the provocation, and to the evidence which stated that the words were
offensively spoken, so as not to be passed over ; but that the aff'air would not
have happened, if there had been a candid explanation. Gentlemen of the
jury, you will consider these points, and make your verdict accordingly.
The jury then retired, and, after remaining about half an hour out of court, re-
turned with their verdict — Guilty of murder ,- but recommended him to mercy.
Sentence of death was immediately passed on the unfortunate gentleman,
and he was ordered for execution on the following Monday ; but, in conse-
quence of the recommendation of the jury, lie was respited till Wednesday
se'nnight. In the mean time, every effort was made by the friends of the
unfortunate man to procure the royal mercy. The grand jury of the county,
and the jury who had found him guilty, presented petitions to the lord-lieu-
tenant of Dublin.
Mrs. Campbell, his wife, immediately on hearing the verdict, set off post
for Dublin; and, finding the packet had sailed, crossed the channel in an
open boat, landed in safety at Holyhead, and arrived in London within
twenty-eight hours. She then proceeded, without loss of time, to Windsor,
and presented a memorial to the queen, imploring her intercession in behalf
of her husband, stating the circumstances of the duel, and detailing his
%
^"K
JAMES STUART. 63
services in the army. She continued incessant in her applications ; on her
knees she solicited, in the most pathetic terms, the intercession, not only of
her majesty, but also of the princesses. She even went to Bricfhton, to wait
on his royal highness the prince of Wales, who immediately wrote a note to
the duke of Portland. This note INIrs. Campbell presented to his grace, who
gave no hope that her application would be attended with success.
The respite expired on the 23d of August, and an order was sent from
Dublin Castle to Armagh, for the execution of the unfortunate gentleman on
the 24th. His deportment, during the whole of the melancholy interval
between his condemnation and the day of his execution, was manly, but peni-
tent ; such as became a Christian towards his approaching dissolution. When
he was informed that all efforts to procure a pardon had failed, he was only
anxious for the immediate execution of the sentence. He had repeatedly im-
plored that he might be shot ; but as this was not suitable to the forms of the
common law, his entreaties were, of course, unsuccessful.
During the absence of his wife, he was led out for execution, on Wednes-
day, the 24th of August. This spectacle was truly distressing, and tears and
shrieks burst from several parts of the crowd. When the executioner
approached to fix the cord, major Campbell looked up to heaven. There was
now the most profound silence ; and the executioner seemed paralyzed whilst
perforxning the last act of his duty.
JAMES STUART,
FOR THE MURDER OF SIR ALEXANDER BOSWELL.
The indictment was as follows : —
" James Stuart, clerk to the signet, lately residing in Charlotte-street, of
Edinburgh, you are indicted, and accused at the instance of Sir William Rae,
of St. Catharine's, baronet, his majesty's advocate for his majesty's interest;
that, albeit, by the laws of this and of every other well-governed realm,
murder is a crime of a heinous nature, and severely punishable ; yet true it
is and of verity, that you, the said James Stuart, are guilty of the said
crime, actor, or art and part ; in so far as you, the said James Stuart, having
conceived malice and ill-will against the late Sir Alexander Boswell, of Au-
chinleck, baronet, and having formed the unlawful design of challenging the
said Sir Alexander Boswell, and others of the lieges, to fight a duel or duels,
you did, upon the 9th, or one or other of the days of March, 1822, in order to
enable you the better to accomplish your said unlawful design, repair to
Glasgow to obtain, through the medium of William Murray Borthwick,
formerly one of the proprietors or printers of the newspaper called the Glas-
gow Sentinel, and then a prisoner in the jail of Glasgow, the manuscripts
of sundry articles which had been published in the said newspaper, and other
papers and documents connected with the said newspaper, which were then
in the premises in Nelson-street, of Glasgow, occupied by Robert Alexander,
editor and proprietor of the said newspaper, and in the lawful possession and
custodj' of the said Robert Alexander ; and the said William Murray Borth-
wick having been liberated from jail, as arranged and concerted by or with
you, and having, on the 11th, or one or other of the days of the said month
of March, carried, or caused to be carried, away from the said premises in
Nelson-street, of Glasgow, sundry writings, the property, or in the lawful
possession of the said Robert Alexander ; and having brought, or caused to
be brought, the said v^ritino-s to the Tontine Inn or hotel, in Glasgow, where
Vou then was, you did thereby obtain access to the said writings ; and having
'>>'. jf
64 JAMES STUART,
found, or pretended to have found among them, some writings holograph of
the said Sir Alexander Boswell, you did wickedly and maliciously challenge
the said Sir Alexander Boswell to fight a duel with you ; and a time and
place of meeting having been concerted, you did, upon Tuesday, the 2Gth day
of March, 1822, or upon one or other of the days of that month, or of Februa-
ry immediately preceding, or of April immediately following, upon the
farm of Balbarton, in the shire of Fife, a little to the northward of the road
from the village of Auchtertool to the burgh of Kircaldy, and about three
quarters of a mile or thereby distant from the said village of Auchter-
tool, in the said shire, wickedly and maliciously discharge, at the said Sir
Alexander Boswell, a pistol loaded with ball, whereby the said Sir Alex-
ander Boswell was mortally wounded, the ball having entered near the root
of the neck on the right side, and shattered the collar-bone, of which mortal
wound the said Sir Alexander Boswell died in the course of the next day,
and was thus murdered by you, the said James Stuart. And you, the said
James Stuart, conscious of your guilt, in the premises, did abscond and flee
from justice; and a letter, bearing to be dated, ' Auchinleck, Nov. 7, 1821,'
and to be subscribed ' Alexander Boswell ;' as also a writing, intituled
'Whig Song,' and addressed on the back, 'For INIr. Alexander, Sentinel
office, Glasgow ;' a letter or writing, bearing to be dated, ' Dumbarton, De-
cember 17, 1821,' subscribed ' Ignotus ;' and a writing entitled 'James
Perry, Esq., late proprietor and editor of the Morning Chronicle,' and ad-
dressed on the back, ' Mr. Alexander, Sentinel office, Glasgow,' being all to
be used in evidence against you at your trial, will be lodged in due time in
the hands of the clerk of the high court of justiciary, before which you are to
be tried, that you may have an opportunity of seeing the same : at least,
time and place above libelled, the said Sir Alexander Boswell was murdered ;
and you, the said James Stuart, are guilty thereof, actor, or art and part. All
which, or part thereof, being found proved by the verdict of an assize, before
the lord justice-general, the lord justice-clerk, and lord commissioners of
justiciary, you, the said James Stuart, ought to be punished with the pains
of law, to deter others from committing the like crimes in all time coming.
(Signed) " Dun. M'Neill, A. D.'^"
Mr. Stuart's plea was " Not Guilty.''''
The Earl of Rosslyn, being called, deposed as follows: — On the 25th of
March last, he called on Sir A. Boswell, and told him, he had come at the
desire of Mr. Stuart ; and that Mr. Stuart had in his possession certain
papers, some of which appeared to be in Sir Alexander's handwritino;, and
bore the postmark of Manchlin, and the counter postmark of Glasgow.
Some of them purported to be originals of papers published in the Glasgow
Sentinel, and one of them, particularly (a song), contained allusions disre-
spectful to Mr. Stuart's family, and charged Mr. Stuart with cowardice.
Among the papers there was a letter to the editor of the Sentinel, signed, A.
Boswell, containing some praise of the song, and other papers reflectino-
on Mr. Stuart, which were in the same handwriting with the letter which
bore Sir Alexander's signature. The similarity of the handwriting and of the
postmark furnished so strong a presumption that Sir Alexander was the
author, that he thought it proper to ask Sir Alexander if he was the author,
or if he had sent them to the newspaper, stating at the same time, that if Sir
Alexander could say that he was not the author, and had not sent them to the
newspaper, that would be conclusive, notwithstanding any evidence to the
contrary.
Sir Alexander said that this was a delicate affair, and he thought he ought
to have a friend present. Witness said he thought it very desirable. Sir
Alexander went away, and returned with Mr. Douglas, when witness re-
peated what he had previously said. Sir Alexander and Mr. Douglas desired
to confer together. Witness went away, and when he returned, found Mr.
Douglas alone. Mr. Douglas then said, that he could not advise Sir Alexan-
FOR MURDER. 65
der to give any answer ; that Mr, Stviart was in possession of the evidence on
which this application rested ; but if this affair should proceed any further, there
were two proposals which he had to make: — 1. That no meeting should
take place within fourteen days, because Sir Alexander had some family business
to dispose of. 2. That the meeting, if any, should take place on the conti-
nent. Witness had no hesitation in replying, that on these conditions he
thought the terms were such as would be agreed to. He had copies of the
manuscripts and papers in his hand, when he called on Sir Alexander. He
had a song and a paper signed " Ignotus." He thought the song of far the
greater importance, because it contained two direct imputations of cowardice
He considered Mr. Stuart's character implicated by those papers (which,
being shown to the witness, he identified in court). JNIr. Douglas said he
would not advise Sir Alexander to make any answer at all. Witness after
wards saw Mr. Stuart, and proceeded immediately to Mr. Douglas, and
stated that witness was grieved that no alternative was left to Mr. Stuart ;
that Mr. Stuart agreed to both the conditions stated by Mr. Douglas, namely,
the delay of fourteen days, and that the meeting should be upon the continent. It
was agreed ttiat all subsequent arrangements respecting the meeting on the
continent should be settled when all the parties were in London. Witness
then asked Mr. Douglas, if there was any possibility of not carrying this
affair any further; that Mr. Stuart would be content to treat the song as a
very bad joke on his part, provided Sir Alexander would say that he did not
intend any reflection on Mr. Stuart's courage. Mr. Douglas said he had no
hope that Sir Alexander would say any such thing. Witness left Mr. Dou-
glas to return to Fife, in the conviction that every thing was finally settled.
The boat was ready, but before he embarked, he was accosted bj' Mr. Dou-
glas, who said Sir Alexander had taken the advice of a legal friend, and
in consequence thought it no longer necessary to go to the continent, and
that he preferred to have the meeting in Scotland. Witness objected to
that; after some discussion, Mr. Douglas returned to Edinburgh, saying at
parting, that at any rate, if the meeting took place in France, and Mr. Stuart
fell. Sir Alexander could not be hanged for it. Mr. Brougham called on
witness next morning, at about from a quarter to eight to half-past eight, and
stated, that Sir Alexander had been bound over by the sheriff of Edinburgh
to keep the peace, and that it had been settled that vSir Alexander and Mr.
Stuart should meet at Auchtertool that morning, and requested witness to
meet Mr. Stuart, which he did. He went there, and had some conversation,
and fixed on a piece of ground near the road side. I\Ir. Stuart and Sir Alex-
ander arrived in carriages, and got out at the place they had fixed upon,
he believed at ten o'clock. The pistols were produced by Mr. Douglas and
witness, Mr. Douglas sitting down, and witness standing; Mr. Douglas
received from witness the nreasure of powder for each pistol, and the ball,
and rammed them down. There were but two pistols, of which Mr. Douglas
took one, and witness the other. The ground was measured, twelve very
long paces. The pistols were delivered to the two parties respectively, one
by Mr. Douglas and one by me ; and it was agreed that they should fire by
a word. Mr. Douglas looked upon him (witness) to give the word, which
he did, and they fired. Sir Alexander fell. Mr. Stuart advanced with great
anxiety towards Sir Alexander ; but witness hurried Mr. Stuart away.
Those who remained, together with witness, lent their assistance to convey
Sir Alexander to Balmuto. Before any thing took place on the ground, Mr.
Stuart asked witness, if it was not fit that he should make a bow to Sir
Alexander, and express his wish for a reconciliation. Witness thought it
right. Mr. Stuart advanced towards Sir Alexander, apparently for that pur-
pose ; Sir Alexander's back was then turned, and he appeared to be walking
away from Mr. Stuart.
Cross-examined by Air. Jeffrey. — Witness was satisfied in his own mind
that the letter signed " Ignotus," and the letter containing the song, were in
F'2 9
66 JAMES STUART,
the same handwriting as the letter bearing Sir Alexander's signature; and
that both papers threw an imputation of cowardice on Mr. Stuart. From the
whole of Mr. Stuart's conduct throughout the proceeding, there was nc
appearance of personal ill-will or resentment on the part of Mr. Stuart against
Sir Alexander; but only anxiety to defend his own character from the impu-
tations with which it had been assailed, particularly from that of cowardice
He found Mr. Stuart perfectly reasonable throughout the proceedings. Mr
Stuart's conduct, from first to last, was cool, composed, and temperate, and
such as might be expected from a man of constancy and courage. This ob-
servation applied as well to his conduct on the field as previously. On the
field, witness desired Mr. Stuart to present his side and not his bust; Mr
Stuart replied, " I do not think I ought to take an aim." The word agreed upon
was (both parties having been asked if they were ready) — " Present, fire,"
as quickly in succession as they could be given. Both the pistols went olf,
also, as quickly in succession as possible ; but Mr. Stuart's pistol was rathei
the first. From his acquaintance wath Mr. Stuart, he could say that he nevei
knew a man less quarrelsome or vindictive. Mr. Stuart was much occupied
in public business, and had made great improvements in the county of Fife.
Never, though field sports were going on, saw Mr. Stuart with a gun in his
hand in his life.
Mr. Douglas, after stating the previous circumstances which had been
mentioned by Lord Rosslyn, described the arrival of the parties on the ground.
Witness advised Lord Rosslyn not to pass through the village, lest he
should be known. Lord Rosslyn went another road, and was first on the
ground. The ground was approved of by all parties. Witness asked Lord
Rosslyn if he thought there was any chance of an amicable arrangement.
Lord Rosslyn said he feared not. Lord Rosslyn measured off the ground.
Witness desired Dr. Wood not to stand so near : he replied, " He wished
to be near, lest Sir Alexander might die before he could come up to his
assistance." The parties having taken their positions, Lord Rosslyn pro-
posed that Mitness should give the command ; witness said he wished Lord
Rosslyn to do it, which his lordship did. On their way to the ground, Sir
Alexander consulted witness as to firing in the air or not. Witness said he
(Sir Alexander) must consult his own feelings on that subject. Sir Alexan-
der said he had, perhaps, in an unhappy moment, injured Mr. Stuart, and
therefore he should fire in the air. Witness said that was exactly his own
opinion. On the field, he did not notice how Sir Alexander fired, as he felt
that Mr. Stuart was in no danger, but he kept his eye on Mr. Stuart ; saw
him raise his arm, which appeared firm and nervous, but he could not tell the
direction exactly in which it pointed. Both fired ; there was just a differ-
ence between the time of the two reports. Mr. Stuart's was rather first. Sir
Alexander fell. Assistance immediately was rendered to him. Mr. Stuart
approached, and witness advised him to flee. The only words which Sir
Alexander spoke to witness then, were, that he regretted he had not made his
fire in the air more decided than it had been. Sir Alexander's wound was
not dressed on the field, but at Balmuto-house, whither he was immediately
conveyed.
Crois-exa mined hy Mr. Cunnivghame. — The injury done to Mr. Stuart, to
which Sir Alexander alluded, witness understood to be some squibs that he
had written concerning him. Sir Alexander had called on witness the Sun
day before he met Lord Rosslyn, and said he expected a challenge from Mr.
Stuart, in consequence of some papers, and among them a song, having been
seized in the Sentinel oflice. Sir Alexander recited the stanza which he
considered obnoxious, and it was the same as that now shown to witness.
The information to the sheriff was given by some friends of Sir Alexander.
On the field, witness went up to Sir Alexander, and directed him to make
his fire in the air as distinct as possible, as that would facilitate an adjust-
ment of the dispute. He directed Sir Alexander to fire into the bank, in the
^ f!
-m'"
FOR MURDER. 67
direction of the seconds. Being asked if in the field Mr. Stuart conducted
himself in every respect as became a man of honour and of courage, witness
replied certainly.
Dr. Wood said he had accompanied Sir A. Boswell to the field ; he did
not see any pistols fired : he had instructed the other surgeon that they ought
to turn their backs and not see the firing; but that, as soon as they heard the
report, they should return and run to the spot as speedily as possible. The
pistols were fired in quick succession ; going to the spot, they found Sir
Alexander wounded in the shoulder; they extracted two pieces of bone ; the
first was extracted by himself, and the other by Mr. Listen. Witness accom-
panied Sir Alexander to Balmuto-house, and attended him till three o'clock
the next day, when he died. In the carriage, on the way to the ground. Sir
Alexander expressed his decided opinion that Mr. Stuart could have done
nothing else but call him out. He also declared his intention to fire in the
air; and on getting out of the carriage, he said, " Now, gentlemen, observe
that it is my fixed resolution to fire in the air."
The evidence of the witnesses next called related only to the handwriting
of the two papers,
Mr. William Spalding, writer, recollected in the month of March last,
going with Mr. Stuart to Glasgow. Mr. Henderson, writer in Hamilton,
accompanied them. Witness called at Mr. Stuart's house, and there, for the
first time, learned that Mr. Henderson was to accompany them. The object
of their journe)' was to liberate Mr. Borthwick from prison. They arrived
at Glasgow about eleven o'clock on that (a Saturday) night. Mr. Henderson
went to the jail the same night ; but Mr. Borthwick was not liberated that
night. Witness was private agent to Mr. Borthwick. They had an inter-
view with Mr. Borthwick, in the jail, on the Sunday evening ; and it was
there agreed, that Mr, Borthwick should go and procure certain manuscripts
from the Sentinel office, with a view of raising actions of relief against certain
gentlemen of the county of Lanark. Mr. Stuart was present only a part of
the time during this interview. Cannot tell whether he was present when
the proposal for taking the manuscript from the Sentinel office was made.
Mr. Henderson was present.
The next morning, Mr. Borthwick went to the office and sent certain MSS.
by a man named Robinson, to the Tontine Inn, where they were examined
by Mr. Stuart, Mr. Henderson, and himself. Mr. Borthwick did not arrive
till after the MSS, had been examined, I\Ir, Henderson knew Sir Alexander's
handwriting, and all the papers written by Sir Alexander were laid apart
from the rest. The MSS, now shown witness were those which were
selected from the others. It was witness who gave up the MSS. to Mr.
Stuart.
Cross-examined by Mr. CocMurn. — The £50, by which Mr. Borthwick
was liberated, was paid by Mr. Henderson. No part of that money came
either directly or indirectly from Mr. Stuart. On the way to Glasgow never
heard Sir Alexander Boswell's name mentioned by Mr. Stuart or IVIr. Hen-
derson. It was not mentioned until they saw his letter on Monday.
This closed the case for the prosecution.
The following witnesses were called on for the defence : —
Mr. Henderson, writer in Hamilton, knows Mr. Borthwick, and knew that
he had been editor of the Clydesdale Journal. Had been employed as his
agent. About the 29th of December he gave him certain papers, in order
that he might get quit of certain actions of damages. Came to Edinburgh
about the middle of January for that purpose. Had no communication what-
ever, then, with Mr. Stuart; did not then know that gentleman. Was pre-
viously aware of a process brought by Mr. Borthwick against Alexander, the
other partner in the Glasgow Sentinel, in which a judgment was pronounced
against Alexander, authorizing Borthwick to take possession in six days, as
Alexander had not implemented the bargain with Borthwick. Knows that
68 JAMES STUART,
Mr. Borthwick did take possession on the 1st of March. He was arrested
that night for a debt, which witness knew not to be due. Witness came to
Edinburgh on the Tuesday following, and applied to Mr. Spalding, whom he
had previously employed as Borthwick's agent, to present a bill of suspen-
sion. The bill was merely presented. It could not be granted without an
answer. Witness therefore resolved to consign the money to the hands of
the jailer. Witness was to have advanced it himself; he knew the debt
was false, and that there could be no risk. AVitness applied to a person to
introduce him to Mr. Stuart. His object was to get INIr. Stuart to forego an
action of damages which he had brought against Borthwick, and for that
purpose witness described the manner in which Borthwick had been impri-
soned. Mr. Stuart replied that he could make no promises ; that he was
convinced Borthwick was not the author of the libels upon him ; and if Borth-
wick would give up the authors, the action sliould be discontinned. Witness
said that Borthwick had often expressed his wish to be introduced to Mr.
Stuart, and his readiness to give np the authors, provided that he were freed
from the action of damages. INIr. Stuart went with witness, and called on
Mr. Spalding, and they proceeded to Glasgow. They obtained an interview
with Borthwick, who said, if he were liberated, he would resume possession
next morning at the usual hour. Borthwick said he had keys belonging to
the office ; witness did not see any. Witness procured the liberation of
Borthwick on the Sunday evening. Borthwick, when liberated, went to
the office, accompanied by witness's clerk, and one Louden Robinson
(formerly a journeyman in his employ), as witnesses. Robinson shortly
afterwards returned with a bundle of manuscripts of newspapers. Mr. Borth-
wick came some time after, and said he had been prevented from examining
the papers at the office, on account of the violence of Alexander. The hand-
writing of Sir Alexander Boswell was not discovered until all the hand-
writings had been assorted in different parcels. Borthwick said it was the
writing of one Sir A. Oswald, as he called him ; but he said there was a
letter from the gentleman himself among the papers. This letter was found,
and Mr. Stuart expressed much surprise and astonishment at the discovery ;
he said he never could have suspected Sir A. Boswell of attempting to injure
him. The manuscripts were delivered to l\Ir. Spalding, not to be given to
any one, but to be reserved for the inspection of any one concerned. The
money, by which Borthwick was liberated, was paid out of this witness's
proper funds.
James Gibson, of Ingliston, esq., W. S., knows Mr. Stuart and Mr. Alton.
Has seen a great many articles in the Beacon and Sentinel, which they con-
sidered extremely offensive to Lord Archibald Hamilton, Mr. Stuart, and
himself. Has often consulted with Mr. Stuart on the means of detecting the
author. INIr. Alton is the agent for Lord Archibald Hamilton. .Recollects
the article respecting INIr. Stuart, which appeared in the first number of the
Sentinel ; considers it a most atrocious libel. Was informed by Mr. Alton,
on one of the first days of March, that Borthwick had possession of the
manuscripts of the libels; but on Thursday, the 7th of March, Mr.
Stuart told Mr. Gibson that Mr. Alton was mistaken, as Mr. Borthwick was
in Glasgow jail, and had left the papers locked up in a safe in the Sentinel
office. Mr. Stuart informed witness that Mr. Borthwick's agent had applied
to him in the parliament-house that day, offering to deliver up the papers,
provided i\Ir. Stuart would release him from the action of damages, but Mr.
Stuart had declined to come under any engagement. Was informed of the
whole transaction respecting Borthwick's imprisonment, and told Mr. Stuart,
that he (witness) would pay the debt tor which Borthwick was imprisoned,
rather than be disappointed of the papers ; and he was apprehensive from
what he had heard of the character of Alexander, that he would not scruple
taking any measures to get possession of, and destroy them. He recom-
mended to Mr. Stuart not to lose a moment in obtaining the papers, but his
FOR MURDER. 69
only reason for recommending- haste, was lest Alexander should destroy
them. Mr. Stuart had never hinted a suspicion that Sir A. Boswell was the
author of any of the attacks upon him, and expressed his astonishment when,
on returning from Glasgow, he acquainted witness of the discovery. Witness
was aware that a duel was fought between Mr. Stuart and the late Sir A.
Boswell, on the 26th of March last. Saw Mr. Stuart the evening before.
Mr. Stuart then acquainted him that the meeting was to take place three
days afterwards. Mr. Stuart then appeared perfectly calm and collected, but
expressed no other motive for his conduct than a desire to vindicate his cha-
racter; he did not appear to be actuated by the least vindictiveness against
Sir Alexander. The next time he heard of Mr. Stuart was by a sealed
packet brought by his clerk next morning at eleven o'clock. The letter was to
this purpose: "The other party saw the necessity of instant action, owing
to circumstances not known when I last saw you ;" and requested witness
" if he was completely done for," to deliver a packet which was enclosed to
his wife. The same day about two o'clock, witness, when coming to his
office, saw Mr. Stuart coming out of it, who instantly, on seeing Mr. Gibson,
turned short, and ran up the stairs. Witness followed him into his room ;
and when witness had closed the door, he said, " Good God ! what has hap-
pened ]" Mr. Stuart ran into the corner of the room, put both his hands on
his face in the greatest agony of grief; and as soon as he could speak, he
said that he was afraid Sir Alexander Boswell was mortally wounded.
After Mr. Stuart had recovered himself a little, he informed witness, in an-
swer to his inquiries, that he had asked Lord Rosslyn whether it would be
right, on meeting Sir Alexander Boswell on the ground, that he should take
off his hat as a mark of civility. Lord Rosslyn approved, and accordingly
Mr. Stuart was in the act of advancing, and putting his hand to his hat, when
Sir Alexander Boswell turned away his head.
I'Tie lord advocate submitted, that this should not be gone into. It was
throwing a reflection on the memory of Sir Alexander Boswell.
Mr. Jeffrey said that there was no such intention. It was right for Mr.
Stuart that it should be stated ; and he had no doubt that Sir Alexander
Bos well's turning away his head, arose from his not being aware of what
Mr. Stuart intended to do.
Mr. Gibson proceeded : — Mr. Stuart said to witness that he had taken no
aim, and he added, " I wish to God I had done so, as I am certain I should
in that case have missed him ; I never fired a pistol on foot in my life."
Witness immediately urged Mr. Stuart to leave the country, that he might
avoid unnecessary imprisonment. Mr. Stuart expressed great unwillingness
to do so; but at last consented, on condition of witness giving notice that he
would be ready to stand trial when called on : the last words, which Mr. .
Stuart said, were, " Remember you must give notice, that I am ready to
stand trial." Witness did give verbal notice to that effect, to Mr. Sheriff
Duff, next morning; and afterwards announced in the Edinburgh Star and
Advertiser newspapers, that such notice had been given. He also gave
notice to the crown agent, on the 29th of March, the 4th of April, and on
many other occasions. Witness never considered Mr. Stuart's leaving town
in the light of absconding or flying from justice; Mr. Stuart was one of the
best-tempered and most excellent men he knew ; he never knew him engage
in quarrels, or allow his politics to interfere with his private friendships.
Mr. Liston, surgeon. — Mr. Stuart called upon witness on the morning of the
26th of March, and requested witness to go to the country along with him.
And when on the Fife side, he informed him, that he (Mr. Stuart) was to
fight a duel with Sir Alexander Boswell. Mr. Stuart said he had no malice
against Sir Alexander ; he said if he had the misfortune to hit him, he wished
it might be in the great toe, as a gentleman in England did lately on a similar
occasion. The witness gave the same evidence as Dr. Wood, as to what
happened on the ground. ■ ,
70 MARTHA ALDEN,
Sheriff Duff recollected proceedings before him in March last, at the in-
stance of Mr. Alexander, to recover certain papers alleged to have been
stolen from the Sentinel office, Glasgow ; he ordered them to be lodged at
his office, which, under a protest, was complied with. Witness identified
some of the papers shown him to be the same as were in his personal
custody from that time until they were delivered up to the crown agent, as
evidence on the trial of William Borthwick. Witness recollected a rencon-
tre between ]\Ir. Stuart and INIr. Stevenson, and their being bound over to
keep the peace ; also recollected that the affray arose out of language in the
Beacon, which witness considered verj' abusive as respected INIr. Stuart ; and
that Mr. Stuart subsequently brought to witness a number of the Beacon,
which contained further abusive matter, and requested him to take cogni-
zance of it; but he declined, not considering himself warranted to act in the
way proposed.
Mr. Spalding was recalled to identify these papers as the same which
were found at the Sentinel office, and afterwards delivered up by him to
Sheriff Duff.
Many witnesses concurred in describing Mr. Stuart as a most humane and
amiable man.
The lord justice clerk charged the jury, who, without leaving the box,
returned an unanimous verdict, by their chancellor. Sir John Hope, finding
Mr. Stuart JVot Guilty of the charges libelled. The verdict was received, by
a very crowded court, with loud cheers.
MARTHA ALDEN,
FOR MURDER, 1807.
This case, which excited considerable interest, came on at the Norfolk
assizes, July 27, 1807, before Sir Nash Grose, knight, when Martha Alden
was capitally indicted for the wilful murder of her husband, Samuel Alden,
of Attleburgh, Norfolk.
The first witness, Edmund Draper, stated that he knew the deceased
Samuel Alden, the husband of the prisoner at the bar; that on Saturday, the
18th of July, he was in company with the deceased at the White Horse public-
house, at Attleburgh ; that the prisoner, who was present when witness and
the deceased met, said to them she was going home with her child, and went
away ; witness sat drinking with Alden till nearly twelve o'clock, conversing
with the wife of the publican ; he then accompanied the deceased to his house,
which lay in the way to his own home : witness stated, that he himself was
perfectly sober at the time ; that Alden however was just sober enough to
walk ; he stayed at Alden's house about three minutes, during which time he
noticed that there was a larger fire burning on the hearth in the kitchen than was
usual at that time of the year : he said Alden appeared in good health, and
that no ill words passed between the deceased and the prisoner in his pre-
sence : he proceeded home in the direction of Thetford, and saw no one on
the road. This witness described Alden's house to consist of a kitchen and
bed-room both on the same floor, and separated from each other by a small
narrow passage ; he saw no one in the house except the prisoner, the de-
ceased, and a little boy, about seven years old.
Charles Hill, of Attleburgh, stated that on the morning of Sunday, the 19th,
he rose between two and three o'clock to go to Shelfanger-Hall, about ten
miles from Attleburgh, to see his daughter. The morning being wet, he
took the turnpike road, in the direction to Thetford, and passed by Alden's
FOR MURDER. 71
house, from which his own was only two furlongs distant. When he ap-
proached the house of the deceased, he saw the door open, and the prisoner
standing- within a few yards of the door : this was nearly at three o'clock in
the morning-. The prisoner accosted the witness, and the witness replied,
" Martha, what the d — 1 are you up to at this time of the morning ■?" She
said, she had been down to the pit in her garden for some water ; the garden
was on the opposite side of the road to the house : she also said, " she had
not been long home from the town (meaning Attleburgh town), where she
had been at the White Horse : her husband, and Draper, and herself came
home together, and her husband was gone back again, she did not know
where." The witness did not go into the house ; but, looking in, saw some
old clothes lying in a heap next the hearth, which, on his inquiring, she said
covered her little boy, who was asleep there.
Sarah Leeder, widow, of Attleburgh, knew the prisoner at the bar ; she
stated, that on Monday night, the 20th of July, the prisoner came to her house
to borrow a spade, for that a neighbour's sow had broken into her garden, and
rooted up her potatoes ; the witness lent her one, which was marked J. H.
On the following evening (Tuesday, 21st), about eleven o'clock, she went
out of her house upon the common, and in a pit or pond she saw something
floating, which attracted her attention ; she went to the edge of the pond, and
touched it with a stick, upon which it sunk and rose again ; but she could not
discover what it was, and went home for the night. The next morning
(Wednesday, 22d,) however, the witness returned to the spot, and again touch-
ed with a stick the substance, which still lay almost covered with water; she
then, to her great terror, saw the two hands of a man appear, with the arms
of a shirt stained with blood. She instantly concluded that a man had been
thrown in there murdered, and calling to a lad to go and acquaint the neigh-
bourhood of the circumstance, went back in great alarm to her own house.
In a quarter of an hour she returned again to the pond, and found that in her
absence the body had been taken out : she then knew it to be the body of
Samuel Alden ; his face was dreadfully chopped, and his head cut nearly off:
the body was then put into a cart, and carried to the house of the deceased.
The witness afterwards went to look for her spade, and found it standing by
the side of a hole, which she described to look like a grave dug in the ditch
which surrounds Alden's garden : she further stated, that this hole w-as open,
not very deep, and that she saw blood spots near it. The witness then went
into the house, and, entering the bed-room, saw the marks of blood on the
bed's feet and on the bed tick : the wall, close against which the bed stood,
was also stained with blood.
Edward Rush stated, that on Wednesday morning, the 22d of July, he
searched the prisoner's residence : in a dark chamber he found a bill-hook,
which on examination appeared to have blood on its handle, and also on the
blade ; but looked as if it had been washed.
William Parson, jun. of Attleburgh, stated, that on Sunday, the 19th of
July, between six and seven in the morning, he met the prisoner with a young
woman, named Mary Orvice, on the turnpike road, not far from Alden's
house ; the prisoner told him she had lost her husband ; that two men in sai-
lors' dresses went past her house about two o'clock in the morning, and she
had told them, if they overtook a man upon the road, to send him back ; but
that they only gave her an indifferent answer, and passed on. She expressed
herself very unhappy about her husband, and feared that he was either mur-
dered or drowned. On the following day he saw her again ; she then said
she had lost her husband, and that she had been above thirty miles that day
to look for him. This witness further stated, that he was one of the persons
who examined Alden's house and premises, on Wednesday, the 22d, and the
two following days ; his evidence on this point agreed with that of former
witnesses, and substantiated some additional particulars, namely, that the
chimney-board, on the opposite side of the room to the bed, was marked wjth
blood stains, which bore the appearance of an attempt having been made to
72 MARTHA ALDEN.
scrape them off with a knife ; and that the wall of a narrow passage leading
from the bed-room to the kitchen was in places discoloured with blood :
he also found a sack upon the bed, with some spots of blood upon it, and a
piece of another sack, which seemed to have been partly washed. In a shed
adjoining the house, he likewise discovered another sack, concealed under-
neath nearly a hundred flags of turf.
Mary Orvice stated that she had been acquainted with the prisoner some
time. The witness lives at her father's house, a short distance from the pri-
soner's dwelling. On Sunday, the 19th, the prisoner asked her to go with
her to her house : when she got there, the prisoner said to her, " I have killed
my husband ;'' and taking her into the bed-room, showed her the body lying
on the bed quite dead ; her account of the state and appearance of the room
perfectly coincided with the description of former witnesses ; she also said she
saw a hook lying on the floor, bloody. The prisoner then produced a common
corn-sack ; and, at her request, the witness held it whilst the prisoner put the
body into it ; the prisoner then carried the body from the bed-room, through the
passage and kitchen, out of the house, across the road to the ditch surround-
ing the garden, and left it there, after throwing some mould over it. The
witness then left the prisoner. On the following night (the 20th), between
nine and ten o'clock, the witness was again in company with the prisoner,
and saw her remove the body of her husband (who was a small man) from
the ditch of the garden to the pit on the common, dragging it herself along
the ground in the sack ; and, when arrived at the pit, the prisoner shot the
body into it out of the sack, which she afterwards carried away with her ; the
deceased had a shirt on.
On the prisoner being asked what she had to say in her defence, she told
an incoherent story, which, however, seemed rather to aim at making the
testimony of the last witness appear contradictory and suspicious, and to im-
plicate her in the guilt of the transaction, than to deny the general charges
which had been adduced against herself. The judge then summed up the
evidence in a full and able manner: on the subject of Mary Orvice's testi-
mony, his lordship remarked, that it certainly came under great suspicion, as
being that of an accessory to the attempted concealment of the murder.
Viewing it in that light, therefore, and taking it separately, it was to be
received with extreme caution ; but, if it should be found, in most material
facts, to agree with and corroborate the successive statements of the other wit-
nesses, whose declarations did not labour under those disadvantages, the jury
were then to give it its due weight, and avail themselves of the information
which it threw on the transaction.
The jury consulted together for a short time, and found the prisoner —
Guilty. The judge, after a short address to the prisoner at the bar, proceeded
to pass upon her the awful sentence of the law ; Avhich was, that on Friday
she should be drawn on a hurdle to the place of execution, there to be hang-
ed by the neck till she was dead, and her body afterwards to be dissected.
The behaviour of the wretched woman during her trial, as well as before it,
appeared in a lamentable degree to be influenced by a hardened and remorse-
less spirit. She afterwards confessed the crime for which she was to suffer.
The account she gave of the horrible transaction was, that on Saturday night,
the 18th of July, she and her husband (who was at the time intoxicated)
quarrelled, and he threatened to beat her. Alden soon after threw himself on
the bed, and at that instant she formed the resolution of destroying him : accord-
ingly, she ran into the adjoining room, returned with a bill-hook, which she
held in both her hands, and striking him on the forehead instantly killed him.
She further acknowledged that the girl (Orvice) had no concern whatever
in the murder, but only assisted, at her request, in putting the body of her
husband into the sack.
On Friday, July 31, at twelve o'clock, this unhappy female was drawn
upon a hurdle, and executed on the Castle-hill, pursuant to her sentence, in
the presence of an immense concourse of spectators.
FRANCIS S. RIEMBAUER.
73
FRANCIS SALIS RIEMBAUER,
FOR ASSASSINATION.
In 1805, Francis Salis Riembauer was appointed to the situation of assist-
ant clergyman in the church of Upper Lauterbach. He had filled a similar
situation, for several years before, in various other churches. He had broug-ht
with him to Lauterbach a high character for intelligence and polemical abi-
lity, as well as for the fire and unction of his discourses, and the extreme
sanctity of his life arid conversation. His appearance was prepossessing,
his stature tall, the expression of his countenance serious but mild, his con-
versation eloquent and instructive. A peculiar appearance of humility seemed
to characterize all his movements ; he walked in general with his head sunk
down, his eyes half-closed, his hands reverently folded on his breast. His
sermons were composed in a strain of enthusiastic piety ; the necessity of
an absolute separation from this world, and an exclusive devotion to the
things of another, were inculcated with earnestness and perseverance. He
was supposed by his simple flock to stand in direct communication with the
world of spirits, who were said to haunt him in his chamber, beset him in
his walks, and move from right to left when he raised his finger. If Riem-
bauer did not himself promote these superstitious notions, he at least did
nothing to discourage them, but accepted with his usual appearance of mild
indifference the homage which was paid to him.
His high reputation, however, though general, was not universal ; most of
his hearers thought him a saint, but some doubted. A report had at one time
been in circulation that his former colleague at Hofkirchen had warned his
successor that he was little better than a wolf in sheep's clothing; and some
of the more prudent among the rude forefathers of the hamlet rather discou-
raged the visits, which he paid with singular punctuality to the female part
of their families, for the purpose of confession or penance. His extreme
mildness of demeanour and humility of aspect appeared to them overacted;
and the refined and spiritual character of his doctrines somewhat inconsistent
with the conduct which he shortly afterwards adopted.
At Thomashof, in the neighbourhood of Ober Lauterbach, lived a family
of the name of Frauenknecht, consisting of the farmer (an old man who died
shortly afterwards), his wife, and two daughters, the elder, Magdalena, then
about eighteen years of age, her sister, Catharine, six years younger. The
whole family were distinguished for their probity, industry, and hospitable
disposition, while Magdalena added to these good qualities a more than usual
share of personal attractions. With this family Riembauer had very soon
established a particular acquaintance. They were naturally flattered by the
visits of one superior to themselves in situation and education, and still more
distinguished by the sanctity of his character. But Riembauer carried his
condescension farther than seemed consistent with the dignity of his priestly
office ; for not content with merely visiting the family, he used to give his
personal assistance to the old farmer in his field labours, and to perform all
the duties of a common servant. Those who entertained an unfavourable
opinion of him before, drew additional arguments in support of it from this
singular conduct; but Riembauer proved to the majority of his flock, by the
authority of Epiphanius and of church councils, that nothing was more com-
mon in the primitive times of the church than this union of the spade with
the crosier, and that there was something praiseworthy in recurring to that
patriarchal simplicity. About the end of 1806, the parishioners were inform-
ed that he had purchased Thomashof from the Frauenknechts for 4000 florins,
and shortly afterwards he transferred his residence to that farm, still retaining
his clerical office and performing its duties with the same zeal and spirit as
G 10
74 FRANCIS S. RIEMBAUER,
before, but combining them with agricultural labours, in which he was as-
sisted by the family of the Frauenknechts, who, notwithstanding the sale,
continued to reside upon the farm.
The eldest daughter, JMagdalena, was to remain as cook in his family, and
with this view she was sent to Munich in the beginning of 1807, where she
remained for six or seven months in the house of the Registrator Y . In
June, 1807, Riembauer himself went to Munich, for the purpose of passing
his examination as candidate for a church, which he did with great credit to
himself. Shortly afterwards (in the beginning of 1808), he obtained the
situation of priest at Priel, sold oft' to advantage the farm which he had
purchased from the Frauenknechts, and removed with them, Magdalena
having now completed her culinary education in Munich, to his new re-
sidence.
Shortly before his removal to Priel, an event had happened in the neigh-
bourhood which at first created a strong sensation, though the utter mystery
in which it was involved seemed to have first bafiled and finally extinguished
all curiosity on the subject. Anna Eichstadter, the daughter of a carpenter
at Furth, had engaged herself as servant to a clergyman in the neighbour-
hood, towards the end of October, 1807. She had obtained permission, how-
ever, from her new master, to pay a visit to her relations before finally enter-
ing upon her service. As a pledge for her return, she had left with him her
silver neck-chain and otlier articles of some value. It rained in the afternoon
when she set out, and at her request he lent her a green umbrella, on the
handle of which the initials of his name, J. D. were engraved. Several
days elapsed, but she did not return. Among others whom she had men-
tioned she intended to visit, was Riembauer, with whom she said she had
been acquainted while she had been in the service of his former colleague
at Hirnheim. To him, accordingly, her new master wrote, after some days
had elapsed, mentioning that if she felt reluctant to return to his service, she
might at least send back his umbrella. Riembauer replied that he had seen
neither the one nor the other, and expressed some astonishment that such an
application should have been made to him. IMonths passed on, but Eich-
stadter did not appear. The investigations which were resorted to threw no
light upon her disappearance ; her previous character appeared to have been
somewhat light, and her reputation for virtue more than doubtful, but nothing
came out which could afford any explanation of her fate. The common con-
jecture was, that she had either been drowned, or had fallen into the hands
of a notorious robber and murderer, who was executed about a year after-
wards. Graduall)^ however, the matter ceased to be talked of, and her fate,
even by her relations, was forgotten.
It was some months after her disappearance that Riembauer removed with
the Frauenknecht family from Thomashof to Priel. This association, how-
ever, was not destined to be of long continuance ; the widow Frauenknecht
died on the 16th of June, 1809, after a short illness, and her daughter IMag-
dalena followed her five days afterwards. The younger daughter, Catherine,
who had never been on good terms with her sister or with Riembauer, had
left the family a short time before. After the death of her mother and sister,
she had lived as a domestic in different families, in all of which she was
remarkable for the singular melancholy, the air of anxiety and restlessness
which marked her conduct ; solitude seemed irksome to her ; to sleep alone
at night was an object of terror, and these feelings seemed rather to increase
with years than to become less lively. Sometimes she let fall expressions
as to some woman whom she could not get out of her head, and whose figure,
she said, followed her wherever she went. With these, too, at times, the
name of Riembauer was joined, as having had a principal part in those scenes
by the remembrance of which she appeared to be haunted. To some of her
intimate friends she ventured at last to be more explicit; she stated in plain
terms that Riembauer had been the murderer of a woman at Thomashof in
>
FOR ASSASSINATION. 75
1807, that she had herself been unwittingly a witness to the deed, and that
this atrocity had been followed by other crimes, which till that moment had
been unsuspected.
At last, in 1813, she laid her information formally before the Landgericht
at Landshut, to the following effect : That during the period when her sister
Magdalena and Riembauer were both in Munich in 1807, the one in the ser-
vice of the registrator, the other preparing for his examination, a woman
presented herself suddenly at Thomashof. She announced herself as a niece
of Riembauer, and being informed that he was then in Munich, demanded
the key of his room, which she, Catherine, who was the only person then in
the house, at first refused. On the arrival of her mother, however, the key
was given to her, and she immediately proceeded with it to the room, which
she searched as if the house had been her own. She remained that night,
and next morning, when she went away, stated that she had not found her
money as she expected, but that she had left a sealed packet for the priest.
On Riembauer's return, which took place about eight days afterwards, he
merely remarked, on being told of this domiciliary visit, that it was a niece
of his to whom he owed some money. About the 2d of November, in the
same year, Catherine and her mother had returned from the field somewhat
later than Magdalena and Riembauer; when they drew near the door of the
house, they thought they heard in the upper floor a singular noise — whether
laughing, weeping, or groaning, they could hardly distinguish ; as they en-
tered, however, Magdalena flew to meet them with the frightful intelligence,
that a stranger, representing herself as a niece of Riembauer, had arrived
shortly before ; that Riembauer, after taking her up to his room, had come down
on pretence of getting her some refreshment, and taken his razor; and that she
had followed him up-stairs, and through the key-hole had seen him draw near
to the unfortunate woman with expressions of endearment, and suddenly
plunge it into her throat. Even while Magdalena was thus speaking, the
groans of the victim and the voice of Riembauer, loud and threatening, were
distinctly heard from above. As if fascinated by the terrors of the scene,
Catherine ran up-stairs, and saw through the key-hole the priest kneeling
over the body of his victim, from which the blood flowed in streams, and
which was still heaving with a convulsive motion.
Overpowered with fear, she rejoined her mother and sister in the room
below. Shortly afterwards the door of the upper room opened, and the priest
came down, his hands and sleeves dropping with blood, the razor still in his
right hand. He went into the room to her mother and sister, told them that
the woman had constantly persecuted him for money on account of a child
which she had borne to him ; that she had just been demanding from him
one hundred or two hundred florins, and threatening him with exposure in
case of refusal ; and that not having the money, he had no other alternative
left but that of silencing her complaints and her testimony for ever. The
mother at first threatened him with the immediate disclosure of the murder ;
but at last moved, by the desperation of Riembauer, who had seized a rope
and announced his resolution of committing suicide, they consented to keep
the murder secret, and to assist him, if necessary, in the disposal of the
body.
The place chosen for this purpose was a little room adjoining the stable,
where a hole was dug by Riembauer for its reception. At midnight on the
3d of November, Catherine said she was awakened by the noise, and saw
from the door of her own room Riembauer descend, dragging the body behind
him still dressed, and with the head hanging down. Coming down after-
wards, she saw him employed in heaping earth upon the body. The spots
of blood along the passage he washed out with his own hands; those in his
room, which had already become dry, he carefully effaced from the floor by
means of a plane, and threw the chips into the stove. A woman's shoe,
which the house dog was found dragging next morning about the court,
76 FRANCIS S. REIMBAUER,
Catherine took up and delivered to Riemhauer, though she could not say how
he had afterwards disposed of it. The inquiries of their neighbours, some of
whom liad heard the disturbance which had taken place the evening before,
they answered by saying, that some discussion had arisen relative to the pur
chase price of Thomashof, which had ended in an altercation between them
and Riemhauer.
From this moment, however, the friendly intercourse which had subsisted
between Riemhauer and the Frauenknechts was at an end. Reproaches on
the one hand, anxiety and the fear of detection on the other, rendered their
residence at Priel irksome to all. Quarrels followed ; Magdalena threatened
to leave his service, and the fear of exposure began daily to recur more and
more vividly to his mind. Immediately afterwards followed the illness and
death of her mother and sister. No medical attendant was called during
their illness, no clergyman was allowed to approach them, their medicines
were all ordered and administered by Riemhauer himself. The body of
Magdalena after death was found strangely swollen and covered with spots,
the blood gushed from her mouth and nose ; the apothecary who saw the
body (»-i;er death, conceived she had been in a state of pregnancy, and from
all this Catherine drew the conclusion that her mother and sister had been
poisoned.
Even before the sudden death of her mother and sister, Catherine had
been warned by the latter that Riemhauer had designs upon her life, and
acting upon this advice she had left his house. Subsequently to this he had
made attempts to induce her to return to his service, by promises of a large
marriage portion, and other advantages; but determined not to trust herself
again in his hands, she had declined all his proposals.
The young woman who had fallen a victim to the treacherous attack of
Riemhauer, she described as a person of about twenty-two years of age, tall,
and rather handsome ; she was dressed in the garb of a peasant, and had
brought with her a green umbrella, upon which were marked the initials
J. D. This umbrella Riemhauer had retained, and it was still in his pos-
session.
The events thus disclosed by Catherine Frauenknecht, on the one hand so
strange and (looking to the previous character of the alleged criminal) so
unlikely, were on the other so consistent and well-connected, and the narra-
tion given with so much apparent calmness, distinctness, and confidence, that
the court before which the information was first laid ordered an immediate
inspection of the scene of the alleged murder, the farm-house of Thomashof,
which, as already mentioned, was now no longer in the hands of Riemhauer.
The result of the examination was such as to confirm in most of its impor-
tant features the information of Catherine Frauenknecht. In the room ad-
joining the stable, as described by her, were found a skeleton and a woman's
shoe ; in that which had been inhabited by Riemhauer stains were detected
on the floor, which, when moistened with warm water, were found to be the
marks of blood ; several of the planks in the flooring were marked with
hollows and rough edges, as if a plane had been applied to them; and Mi-
chael, one of the neighbours, recollected being applied to for the use of a
plane by the members of Frauenknecht's fiimily about six years before.
The result of this inquisition led to the immediate arrest of Riemhauer. His
apprehension seemed to excite in him neither surprise nor fear. If he was
guilty of the atrocities ascribed to him, he was at least far too cool and cir-
cumspect either to betray any tokens of emotion, or to make his case worse
by affecting ignorance of matters which he knew were capable of being
proved. His policy, if such it were, was of a higher kind, and the course
he adopted only reconcilable with the notion either of perfect innocence, or
of the most hardened and calculating guilt. He admitted almost every thing
which had been stated by Catherine Frauenknecht, but he gave to the whole
a turn consistent with his own innocence of the murder.
FOR ASSASSINATION. 77
Though he had heard nothing of the substance of Catherine's deposition,
he did not affect to doubt that the death of Anna Eichstadter was the cause
of his apprehension. He admitted at once that he had been acquainted with
her (though he denied that their acquaintance had been at all of a criminal
nature) while assistant at Hirnheim ; that in consequence of the confidence
she reposed in him she had placed in his hands fifty florins of her savings,
and had begged to be taken into his service, which he had promised to do in
the event of her future good conduct. Since he left Hirnheim he had neither
seen nor heard any thing of her, except that while at Pirkwang she had twice
sent messages to him for part of the money in his hands. In 1807, while
he was in Munich, she had made her appearance one day at Thomashof, and
to the great annoyance of the Frauenknecht family, had communicated to
them the promise which had been made to her, that she should be taken into
his service as cook. This intelligence rankled in their minds, and they de-
termined by every means in their power to prevent it. It was about eight
days after the death of old Frauenknecht that Reimbauer, one evening in the
twilight, returned to Thomashof from Lauterbach, where he had been per-
forming a service for the dead. Meeting no one in the passage, he walked
straight up to his room, where he found the door open. On the floor lay a
figure extended and motionless, and on approacliing it he found, to his con-
sternation, that it was the lifeless body of a woman. He ran into the room
above, where he found Magdalena and her mother clinging to each other, and
trembling like aspen leaves. They wept and conjured him to be silent.
They then informed him that the same woman who had visited them at
Thomashof in summer had again made her appearance that evening, and
demanded admittance into his room, insisting that she was to be received
into the house as cook, and that the Frauenknechts would soon be sent about
their business. This statement led to reproaches; reproaches to blows. The
stranger either struck or attempted to strike Magdalena, who thereupon had
seized Riembauer's razor and inflicted on her a mortal wound. On hearing
this story he had kindled a light, and entering the room again, recognised in
the murdered woman Anna Eichstadter. He at first protested that he would
instantly leave the house — that he could not remain longer in their society :
but at last, overcome by their tears and entreaties, he was rash, and. as he
now deeply regretted, guilty enough to agree to remain and to assist them
in concealing the crime, which he had come too late to avert. He had ac-
cordingly dug a grave for the body in the stable, and had interred it at mid-
night, as described in the information of Catherine Frauenknecht. The poi-
soning of Magdalena and her mother, he entirely denied.
Such were the conflicting accounts given by Catherine and Riembauer as
to the circumstances. According to both it was obvious that a murder had
taken place at Thomashof, and that Eichstadter had been the victim; the
remaining question was, by whom had it been committed ? — by the pious
Riembauer, hitherto looked upon as a pattern of goodness — or the young
Magdalena, whose character for gentleness in the neighbourhood was scarcely
less established ? In either view of the case there were doubts to be cleared
up. If, according to Riembauer's statement, Magdalena was the murderess,
the cause assigned seemed insufficient to account for so sudden and complete
a change of disposition, or so desperate and atrocious a deed ; while the
improbability was increased by the consideration that while Magdalena was
of a slight and feeble frame, Eichstadter was tall, in good health, of great
corporeal strength, and a complete overmatch for her opponent. On the
other hand, Catherine's story was not without its difficulties. At the period
to which her evidence related she was only twelve years of age, and the
self-possession which she had displayed, and the minuteness of her details,
indicated an unusual and almost surprising degree of presence of mind and
retentiveness of memory. She herself admitted that Riembauer and she had
never been on good terms. Her statement that she had heard the words of
g2
78 FRANCIS S. RIEMBAUER,
the deceased from the upper room, when by her own account her throat had
been cut some time before, seemed to be of a most improbable nature ; and
finally, there was as yet a want of any sufficient motive which could account
for the deed, on the supposition that Riembauerwas the murderer. As to the
charge of poisoning-, that rested only on her impression, arising from circum-
stances, which, though suspicious, were certainly far from being conclusive
against Riembauer,
The reason, however, which, according to Catherine's account, he had
assigned to her mother and sister for the intrusion of Eichstadter, suggested
the propriety of an immediate inquiry into Riembauer's former life and moral
habits; and a minute investigation into these particulars, from his youth,
during his successive residences at Heerwahl, Obergleim, Hofkirchen, Hirn.
heim, Sollach, Pfarrkopf, Pondorf, Pirkwang, and Priel, was set on foot.
While this was proceeding, it was found that a regular system of suborna-
tion had been begun by Riembauer even in prison ; that he had written letters
to several of his acquaintances, endeavouring to prevail upon them to give
evidence that Magdalena had, during her life-time, confessed the murder of
Eichstadter; and to his own servaut, Anna "VVeninger, directing her imme-
diately to destroj^ the umbrella alluded to in the previous detail.* No sooner
did he find by the change in his attendants that these attempts had been
detected, than he solicited an interview with the judge; told him voluntarily
that under the influence of a melancholy to which he was subject, he had
written certain letters, the contents of which he did not know ; and begged
him, should they be found to contain any thing injurious to him, to ascribe
it entirely to the influence of that state of mind under which they were
written.
The result of the investigation into the previous life of the priest strongly
confirmed the evidence of Catherine, by showing that Riembauer's preten-
sions to sanctity were totally without foundation; that in all or most of his
previous residences the proofs of his licentiousness were still extant ; while
he had more than once resorted to the most infamous means to prevent the
consequences of his crimes from coming to light. It was proved that a
criminal intercourse had subsisted between him and Eichstadter, begun
while he was chaplain at Hirnheim, and continued from time to time down
to 1807; that a child, born at Ratisbon, and baptized under a false name, had
been the fruit of this connexion ; that some months before her disappear-
ance he had visited her at Ratisbon ; that she had been seen on that occasion
to accompany him part of the way on his return, along with her child ; and
that they had parted in anger, and with gestures of a menacing nature.
The improbability of Catherine's story, arising from the previous charac-
ter of Riembauer, was thus at once removed ; while a suflicient motive for
the murder of Eichstadter — the necessity of getting rid of one who was
dunning him for money, and apparently threatening him with exposure — was
now furnished by the disclosure of their connexion and its consequences.
The main difficulty, too, in the information of Catherine, arising from the
apparent impossibility of her hearing the words of Eichstadter under the
circumstances stated by her, was obviated by the concurring opinion of the
medical men, who agreed that in the event of the head being strongly bent
forwards and downwards, it was perfectly possible that the words of Eich-
stadter might have been distinctly heard, notwithstanding the previous sepa-
ration of the wind-pipe. On the other charges against Reimbauer, the al-
leged poisoning of Magdalena and her mother, little further light was thrown.
It was established, however, that Magdalena, like many others, had undoubt-
* In one of these letters, addressed to a priest of his acquaintance, he enforces his re-
quest that he would give evidence in his favour by the Ibllowing considerations: "For
the sai<e of our brotherly love; for the sake of my friends, who are in trouble on my
account ; for the salie of the priesthood, u)X)n which a stain would be cast ; and for the
sake of true behevers, to whom it might be a stumbhng-block."
FOR ASSASSINATION. 79
edly fallen a victim to his seductions, and that at the very moment when this
consummate hypocrite vi^as undergoing his examination at Munich, in 1807,
the unfortunate young woman, who, as already mentioned, had come there
on pretence of learning cookery, was recovering in the very same house after
the birth of a son.
While the chain of evidence was thus winding itself closer and closer
round the criminal, his calmness, his self-possessi-*a, his dexterity in evading
such questions as he did not choose to answer, his ingenuity in reconciling
his contradictions and inventing plausible theories, moral and physical, in
support of his own version of the murder, seemed only to increase with the
weight and force of the presumptions against him. He generally replied to
the questions put to him with a bland smile; if at times he broke out into
an expression of some warmth, he would beg pardon for the vehemence into
which he had been hurried by a sense of Avounded honour; sometimes he
would laugh aloud at the lies which he said the devil had invented against
him ; sometimes, when pressed by an awkward inquiry, he would diverge
into a strain of metaphysical subtlety, or endeavour to divert the attention of
the judge by passing hastily to some other topic. When confronted with
the witnesses, he attempted to influence their evidence by leading questions;
by appeals to their compassion or their fears ; by artful but apparently
straightforward examinations of the circumstances; by dissertations on the
risk of error and the heinousness of rash testimony. When these arts failed
to shake their evidence, he would relapse into his old preaching tone — ex-
claim, " Qutti contra toi-re»tem .?" — a])peal to the Holy Trinity for his innocence,
and protest that he was a defenceless sheep attacked on all hands by devour-
ing dogs. Nothing was extracted from him which materially tended to
strengthen the extrinsic evidence against him ; although he varied his story
in particulars, he adhered pertinaciously to his leading point — that Magda-
lenawas the murderess, and that he had been guilty of no other oflfence than
that of having concealed the crime from motives of compassion.
In this ineffectual struggle, during which the priest had undergone no less
than eighty examinations, two years had passed on, and justice seemed fairly
at a stand. Having failed to act on the understanding of the criminal, the
judge proceeded, in a way calculated to astonish an English reader, and
which we confess we find it difficult to reconcile even with the admitted
rules of the German criminal law, to operate upon his imagination. The
scene, it must be admitted, was got up with some knowledge of stage effect.
On All Souls' day, the day on which, eight years before, the murder had
been committed, a new examination was ordered. It began at four o'clock
in the afternoon, and being directed to all the mass of evidence hitherto col-
lected, and the contradictions and improbabilities of Riembauer's story, was
prolonged till midnight. The judge addressed himself next to the conscience
of the prisoner, and after concluding an impassioned appeal, he suddenly
raised a cloth from the table, under which lay a skull placed upon a black
cushion. "This," said he, "is the skull of Anna Maria Eichstiidter, which
you may still recognise by the two rows of white teeth* in the jaws." Riem-
bauer rose instantly from his chair, stared wide upon the judge, retired a step
or two so as to hide the object from his eyes, then resuming his habitual
smile and his accustomed tranquillity, he pointed to the skull, and replied,
" My conscience is calm. If that skull could speak, it would say, Riembauer
was my friend ; he was not my murderer." A second attempt to extract some
admission from him was not more successful. When they held the skull
before his eyes, he betrayed strong internal agitation ; but again he mastered
himself, and once more repeated, " If the skull could speak, it would confirm
the truth of my story."
So ended this abortive attempt to effect by intimidation what they had
* The deceased had been remarkable for the beauty of her teeth.
80 FRANCIS S. REIMBAUER,
failed to obtain by the legitimate mode of examination ; an attempt which
for a moment almost placed this wretched hypocrite in the situation of a
persecuted man. Feuerbach details this judicial melodrama without obser-
vation, as if the whole were equally justifiable on legal and moral grounds.
To us, we confess, it appears wholly indefensible on either. If the German
governments have now abolished physical torture as a means of eliciting
evidence, on what ground is this moral torture to be vindicated ? Is a man
less likely to utter rash or dangerous admissions (of which the law in other
cases refuses to avail itself) when the shock is administered to his imagina-
tion, weakened and harassed by a long previous examination, and a confine-
ment prolonged for years, than when his body is subjected to physical pain 1
Above all, how can such devices be justified under a law, which, even in
permitting the necessary examinations, expressly lays it down that no ques-
tions, either captious (meaning thereby such as may involve the party in ad-
missions without his perceiving their tendency) or suggestive in their nature,
• are to be put to the prisoner ; nay, that the name of an accomplice, or any
special circumstance connected with the fact, but not yet proved, shall not be
suggested to him, otherwise the confession so obtained shall be of no effect!
— {Jr'einliche Gerichis Ordninig, Art. 56.)
The inexpediency of such mummeries is not less obvious than the injus-
tice. As a means of eliciting the truth they are almost worthless, for theii
effect depends chiefly on the state of the nerves and the early associations
of the prisoner. When they are calculated to act at all, they are likely to
operate against the innocent \A-ith scarcely less force than the guilty ; for in
most cases the object of them, though he may be innocent of the specific
fact charged against him, is generally so far mixed up with it as a spectator
of the scene, or connected in some way with its actors, that unless he be a
person of peculiarly strong nerves, there can be little doubt that such an exhi-
bition at midnight, after an examination of eight hours, and a confinement of
two years, would shake his mind from its balance, and might give birth to
expressions or signs of emotion which would be interpreted against him.
On the other hand, the hardened criminal, against whom it would have been
most legitimate to adopt such a means of extracting the truth, is proof against
them. Take any shape of superstitious terror that we will, " his firm nerves
will never tremble ;" and he only becomes more resolute in his denials by
perceiving the weakness of a proof which required to be eked out by such
illegitimate means.
So it was with Riembauer. For two years longer did he contrive to baffle
all the efforts of his judges. The record of the proceedings in October,
1816, already filled forty-two folio volumes. At last, however, his firmness
gave way, and the cause of the change was nearly as singular as the other
circumstances of this remarkable case.
On the ^Oth November, 1S16, a Jew, of the name of Lammfromm,* was
executed for murder at Landshut. Riembauer saw him led to execution
from his window, and was observed to be much moved by the composure
and cheerfulness with which he met his death. On expressing his wonder
at the Christian way in which the Jew had terminated his career, he was
told (what was the fact), that from the moment he confessed his crime he
liad attained a calmness and cheerfulness of mind which had supported him
in his prison, and accom))anied him even on the scaffold. This information
"l-* seemed to have produced a great internal conflict in the mind of Riembauer;
for some days he was restless, and ate little ; on the 26th he demanded an
audience. It was the hundredth. If he came with the intention of confes-
sion, however, he seemed to have altered his mind ; he fell on his knees,
said he was weary of his existence, that he was haunted by a thousand phan-
tasms in his prison; that when he attempted to pray, his voice was drowned
* Lammfromm, " Gentle as a Lamb," a strange misnomer.
•^
FOR ASSASSINATION. 81
by the sound of a funeral drum : every thinff, in short, except that he was
guilty of the crime charged ag-ainst him. Again the judge took the trouble
to cro over the manifold contradictions and inconsistencies of his story, and
pressed upon him, that the visions which preyed upon his mind arose from
his own troubled conscience, and that his only chance of relief lay in a full
and open confession. Then at last his obstinacy gave way ; he begged the
protection of justice for his children, and for his servant Anna Weninger ;
" And now," added he, " this is my confession : Catherine has, in many
particulars, told what was not true, but in the main she has spoken the truth.
I am the murderer of Anna Eichstadter."
We shall not enter into the details of the assassination, which was attend-
ed, according to Riembauer's own account, with circumstances of the most
revolting and treacherous cruelty. Suffice it to say, that the motive to the
act was that which had been alluded to by Catherine Frauenknecht : that
indignant at Riembauer's supposed preference for INIagdalena, whom she
had in vain attempted to prevail upon him to dismiss, and at his refusal to
supply her demands on account of his child, Eichstadter had made a last
attempt to effect these purposes by her sudden appearance at Thomashof ;
that she had enforced her demands by a threat of immediate exposure ; that
Riembauer had pretended to yield to her importunities, and quitted the room
on the pretext of getting her some refreshment, during which time he had
prepared himself with the weapon with which the murder was committed.
" I thought," said he, " of the doctrine of Father Benedict Stattler in his
Ethica Christiana, which holds it to be lawful to take away the life of an-
other when there exists no other way of preserving our reputation ; for repu-
tation is more valuable than life itself. And we may defend it against an
attack, as we should defend ourselves against a murderer." " Of one or
both of us," reasoned Riembauer, " the hour is come;" and tranquillized by
the doctrine of the Jesuit, he re-entered the room, seized his victim, and
completed his crime with a barbarity, the details of which we willingly pass
over. Horrible as the concluding incident however is, from the unnatural,
blending which it exhibits of the language at least of religion with the
details of the most remorseless guilt, it is too characteristic of the (almost
self-deceiving) hypocrisy of the criminal to be omitted. As his victim lay
struggling beneath him, he exhorted her to repentance, and gave her absolu-
tionfas he observes, in case of necessity ! " While she lay on the ground,
I administered to her spiritual consolation, till her feet began to quiver, and
her last breath departed. I know no more," continued he, " of this sad
story, but my deep grief and silent lamentation, and that I have often since
applied masses for her soul." How completely does this last expression
reveal the idea which this wretch had of the rites of religion, when he talks
of applying a mass or two, as an apothecary would of applying an ointment
on a plaster !
Of this singular trial, the sentence will probably appear to English readers
not the least remarkable feature. After the evidence already alluded to,
arising from the deposition of Catherine Frauenknecht, corroborated as it
was by the real evidence of so many other circumstances, and finally by the
confession of Reimbauer himself, could any one doubt that the punishment
awarded must have been that of death ? And yet, although the case was
successively considered by the tribunals of the first and second instance, the
ultimate sentence, which was more severe tlian the first, was only imprison-
ment for life : the reason assigned for not inflicting the higher punishment
being, that Riembauer was not a person whose previous bad character was
notorious, or who had been proved satisfactorily by evidence, independently
of his own confession, to be a person likely to be guilty of the murder !
ELIZA FENNING,
ELIZA FENNING,
FOR AN ATTEMPT TO POISON MR. ORLIBAR TURNER AND FAMILY,
APRIL 11, 1815.
Eliza Fenning was indicted for that she, on the 21st day of March, feloni-
ously, and unlawfully did administer to, and cause to be administered to
Orlibar Turner, Robert Greg-son Turner, and Charlotte Turner his wife, cer-
tain deadly poison (to wit arsenic), with intent the said persons to kill and
murder.
Second count, that she did cause to be taken by the same persons, arsenic
with intent to kill and murder them.
Third and fourth counts, as in the first and second counts, only charging
the offence to be committed against Robert Gregson Turner only, and another
count against Charlotte Turner only.
From the age of about fourteen Elizabeth Fenning had been out in servi-
tude ; and at twenty-two, in the latter end of January, 1815, being hired as
cook into the family of Mr. Orlibar Turner, at No. G8 Chancery-lane, in
about seven weeks from that time the circumstances unhappily arose which
led to the unfortunate creature's being charged with an attempt to murder
Mr. Turner's family.
3Irs. Charlotte Turner sworn : —
Q. At what time did the prisoner come into your service *? A. About seven
weeks before the accident, as cook. — Q. Had you occasion to reprove her?
A. I had, about three weeks after she came. — Q. What was her deportment
after that, for the remaining month ■? A. I observed that she failed in the
respect that she before paid me, and appeared extremely sullen. — Q. Did she
after this, say any thing to you upon the subject of yeast dumplings 1
A. She did, a fortnight before the transaction ; she requested me to let
her make some yeast dumplings, professing herself to be a capital hand.
That request was frequently repeated. — Q. On Monday, the 20th of March,
was any thing said to you upon the subject of yeast? A. She came up into
the dining-room, and said the brewer had brought some yeast. — Q. Had you
given any orders to the brewer to bring any yeast. A. Oh no ! I told her I
did not wish to trouble the man ; that was not the way I had them made ; I
generally had the dough from the baker's ; that saved the cook a great deal
of trouble, and was also considered the best. Having this yeast, I said it
was of no consequence, as the man had brought a little, the next day she
might make some, I told her. On Tuesday morning, I, as usual, went into
the kitchen. I told her she might make some; but, before she made the
dumplings, to make a beef steak pie for dinner for the young men. As she
would have to leave the kitchen to get the steaks, I did not wish her to leave
the kitchen after the dumplings were made. I told her I should wish the
dough to be mixed with milk and water. She said she would do them as I
desired her; this was about half-past eleven. She carried the pie to the
baker's before kneading the dough commenced. I told her I wished her not
to leave the dough, that she might carry the pie to the baker's. — Q. At
about what time did she carry the pie to the baker's ? A. I suppose near
twelve. — Q. How soon after twelve did you go into the kitchen again, after
she had been to the baker's ? A. I gave her directions about making the dough.
I said, I suppose there was no occasion for me stopping. She said, Oh no,
she knew very well how to do it ; and then I went up stairs. — Q. How soon
after that did you go into the kitchen again 1 A. Not more than half an hour.
I then found the dough made : it was set before the fire to rise. — Q. What
other servant had you? A. We have one more, a house-maid, Sarah Peer.
.*
FOR AN ATTEMPT TO POISON. 83
Q. Where was she at the time the dough was made ] A. I had given Sarah
Peer orders to go into the bed-room, to repair a counterpane. — Q. Then during
the time that the dough was made, was any person in the kitchen but the
prisoner ] I am certain there could be nobody. — Q. This was about half-past
twelve I A. I suppose it might be half-past twelve. We dined at three,
the young men at two. — Q. In the interval between half-past twelve and
three, were you again in the kitchen ] A. I was in the kitchen two or
three times, until the dough was made up into dumplings. — Q. Where was
the dough 1 A. That remained in the pan before the fire for the purpose of
rising, but I observed the dough never did rise. — Q. Did you take off the cloth
to look at it ] A. I did ; my observation was, that it did not rise : and it was
in a very singular position, in which position it remained until it was divided
into dumplings ; it was not put into the pan, as I have observed dough ; its
shape was singular ; it retained the shape till the last. — Q. It remained heavy-
all the time 1 A. Yes, not rising at all. I am confident it never was med-
dled with after it was put there. — Q. At about what time was the dividing of
the dumplings to put them into the pot 1 A. About twenty minutes before
twelve. I was not in the kitchen at the time. — Q. How late before had you
seen it 1 A. About half an hour of that time. — One of the Jury. Did you re-
mark to her the singular appearance of the dough 1 A. I did not remark to her
the singular appearance. 1 told her it had never risen. The prisoner said it
would rise before she wanted it. — Q. How many dumplings would there be 1
A. Six. — Q. It was afterwards divided into six dumplings 1 A. Yes. — Q.
About three o'clock did you sit down to dinner! A. I did : these six dump-
lings were brought upon the table. — Q. Did you make any observation upon
their appearance ! A. I did. I told the other servant they were black and
heavy, instead of being white and light. — Q. Who set down to dinner with
you! A. My husband, Robert Gregson Turner; his father, Orlibar Turner.
I helped them to some dumplings, and took a small piece myself. — Q. How
soon afterwards did you find yourself ill ! A. I found myself affected in a few
minutes after I had eaten. I did not eat a quarter of a dumpling. I felt my-
self very faint, and an excruciating pain ; an extreme violent pain, which
increased every minute. It came so bad, I was obliged to leave the table.
I went up-stairs. — Q. I believe you ate nothing else 1 A. Yes, I ate a
bit of rump steak. — Q. Who had cooked that! A. Eliza. When 1 was up-
stairs I perceived my sickness increased, and I perceived my head was swol-
len extremely. I retched very violently. — Q. How soon after you had beea
up-stairs did you find any of your family ill ! A. I was half an hour alone,
and wondered they did not come to my assistance. I found my husband and
father very ill, both of them. I was very ill from half-past three until about
nine ; very sick and ill, retching from three till nine. The violence abated, but
did not cease. My head was swollen, and my tongue and chest were swollen.
We called in a gentleman who was near, and afterwards Mr. Marshall, the sur-
geon.— Q. You applied for the nearest assistance you could get ! A. Yes.
Cross-examined by Mr. Alley. — Q. This happened about six weeks after the
girl came to live with you ! A. Yes. — Q. You had no other cause of com-
plaint except that you forgave her! A. No. — Q. On that day the coals had
been delivered, had they not ! A. I do not think it was that day ; the girl is
here that received them : it could not be that day ; she had no occasion to
receive the coals. — A. The prisoner herself was taken very ill, was she not !
A. I have heard so.
Orlibar Turner sworn. — Q. On Tuesday, the 21st day of March, were you
at your son's house in Chancery-lane! A. I was ; I dined there. — Q. Ycui
dinner consisted of yeast dumplings, beaf steaks, and potatoes! .A It did.—
Q. After some time, did Mrs. Turner leave the room indisposed ! A. She
did, sir. — Q. After she was gone up-stairs, you did not know that she was ill !
A. Not at the time that she left the room. — Q. Some time afterwards did
your son leave the room, and go down-stairs ! A. He did, sir ; and I followed
<%.
84 ELIZA PENNING,
him very shortly. I had gone into my parlour below. I came into the
passage. I met my son in the passage, at the foot of the stairs ; he told me
that he had been very sick, and had brought up his dinner. I found his eyes
exceedingly swollen; very much indeed. I said I thought it very extraordi-
nary, I -was taken ill myself in less than three minutes afterwards. The
effect was so violent, I had hardly time to go into my back yard before my
dinner came up. I felt considerable heat across my stomach and chest, and
pain. — Q. Was the vomiting of the common kind ] A. I never experienced
any before like it; for violence before: it was terrible indeed. — Q. How
soon after did you observe any other of the family ill ? A. It was not more
than a quarter of an hour when my apprentice, Roger Gadsden, was very ill,
in a similar way to myself. — Q. "Was your son sick also? A. He was —
Q. And while you and your son were sick, and Gadsden, were sick, where
were you ] A. I was repeatedly in the parlour and the back yard. My son
was up and down-stairs at intervals. Gadsden, I believe, was in the kitchen
below. — Q. Did you observe the prisoner 1 Did she give you any assistance ?
A. Not the smallest. We were all together alarmed. It was discovered
that she did not appear concerned at our situation. — Q. I take it for granted
that you had suspicion of arsenic"? A. I had; I made a search the next
morning. — Q. You expected it was poison ] A. I did. — Q. Did you observe
the brown dish or pan in which the dumplings had been mixed ? A. I did
on the next morning, on the Wednesday morning. — Q. Did you find any
thing remaining in that pan that appeared to be the leavings of the dump-
lings ? A. I did ; it stuck round the pan. I put some water into the pan,
and stirred it up with a spoon, with a view to form a liquid of the whole. I
found, upon the pan being set down for a moment or two, or half a minute,
upon taking it slowly and in a slanting direction, I discovered a white powder,
at the bottom of it. I showed it to several persons in the house. I kept it
in my custody. — Q. Did you show it to Mr. Marshall? A. I kept it in my
custody for that purpose ; I locked it up until Mr. Marshall came. No person
had access to it. — Q. Had any arsenic been kept in any office in the house ? A.
It had. — Q. In what place? A. In a drawer in the office, fronting the fire-place
in the office. — Q. W' hat was it in ? A. In two wrappers, tied round very
tight : the words " Arsenic, deadly poison," wrote upon it. — Q. Do you hap-
pen to know whether the prisoner can read ? A. I believe she can both read
and write. — Q. [To Mrs. Turner.] Is that so, Mrs. Turner? A. Yes, she
can read and write very well. — Q. Mr. Turner, was that drawer locked or
open? A. It has always remained open: any person might have access to
it Q. Who lit the fire, do you know ? A. It was the prisoner's duty to do
so. — Q. Would she probably resort there for paper to light the fire with ?
A. She might resort to that drawer for loose paper that was kept in that
drawer: she might properly resort to it to light a fire. — Q. Had that parcel
of arsenic been missed before that time ? A. I had seen it there on the 7th
of March ; not since that time. Before the 21st March, I heard of its being
missed about a fortnight. — Q. Did you make any observation about the appear-
ance of the knives and forks? A. I did, which we ate the dumplings with.
I have two of them in my pocket now, to show ; they have been in my custody
ever since. I saw them with that blackness upon them the next day; it
appeared upon them then ; there is some little rust upon them now. — Q. Did
you, either on the day that this took place, or afterwards, speak to the prisoner
about these yeast dumplings — what they were made with ? A. I did the
next day. I asked the prisoner how she came to introduce ingredients that
had been so prejudicial to us? She replied, it was not in the dumplings,
but it was in the milk that Sarah Peer brought in. I had several discourses
with her that day upon this subject ; during the whole of which she persisted
that it was in the milk, as before described. — Q. What had that milk been 1
A. The sauce only. The prisoner made the dumplings with the refuse of the
milk that had been left for breakfast. — Q. Did the prisoner tell you what use
FOR AN ATTEMPT TO POISON. 85
had been made of the milk that had been fetched by Sarah Peer ? A. She
did not. I asked her if any person but herself had mingled or had any
thing to do with the dumplings? She expressly said, no.
Cross-examined by Mr. Alley. — Q. In the conversation you had with the
prisoner, did not you tell her that two months before you had missed the
poison ? A. I did not. — Q. You say it was her duty to light the fire in the
otfice ; did the clerks keep the door locked when they were not there ^ A. I
do not know.
Roger Gadsden sworn. — Q. Do you remember seeing in a drawer in ttie
office a paper with arsenic ? A. I do, with " Arsenic, deadly poison," upon
it. The last day I saw it was on the 7th of March. I missed it in a day or
two after. — Q. Did you mention it in the office that you had missed it ? A.
I did, sir. — Q. On Tuesday, the 21st of March, did you between three and
four go into the kitchen ? A. I did, sir. I had dined at two. — Q. When
you went into the kitchen, did you observe any thing there that came from the
parlour table? A. I observed a plate there; in it was a dumpling and a
half. I took a knife and fork up, and was going to cut it, to eat of it. The
prisoner exclaimed, " Gadsden, do not eat that ; it is cold and heavy ; it will
do you no good." I ate a piece about as big as a walnut, or bigger. There
was a small quantity of sauce in the boat : I took a bit of bread and sopped
it in it, and ate that. This might be twenty minutes after three. — Q. How
soon after that time did any of the family become ill ? A. I went into the
office. Mr. Robert Turner came into the office about ten minutes after, and
said he was very ill. They were all up-stairs in the parlour. Not the least
alarm of anybody being ill then. — Q. How soon were you taken ill ? A.
About ten minutes after that ; but not so ill as to vomit. In consequence of
the distress of the family, I was sent off for Mr. Turner's mother. I was very
sick going and coming back. I thought I should die. — Q. Had the prisoner
made any yeast dumplings for you the night before? A. She had, for
supper. I, and the other maid, and herself, partook of them ; they were
quite different from these dumplings in point of colour and weight, and very
good. Q, \_By one of the Jury.'\ When the poison was missed, did you
make any inquiry about it of the prisoner? A. I did not.
Cross-examined by Mr. Alley. — Q. Do you usually keep the door locked
when you are out of the office ? A. No. — Q. [By Mr. Gurney.'] Who made
the fire in the office ? A. The prisoner. No person could go into the office
until I did. Any person might go in and out in the day. At night it was
locked. — Q. What was kept in that drawer in which the arsenic was kept?
A. Paper. — Q. Court. Then your seeing her go to that drawer would not
strike you as any thing extraordinary ? A. No ; I should not watch her to
see what she did there.
Margaret Turner sworn. — Q. Upon this melancholy occasion you was sent
for ? A. I was. — Q. When you arrived you found your husband, son, and
daughter extremely ill, did you not? A. I found them extremely ill. — Q. I
believe, madam, you found the prisoner ill and vomiting ? A. Very soon
after I was there she was ill. — Q. Did you say any thing to her while you
were there that day respecting the dumplings ? A. I exclaimed to her. Oh,
these devilish dumplings ! supposing they had done the mischief. She said,
" Not the dumplings, but the milk, madam." I asked her, " What milk ?"
She said, " The halfpenny worth of milk that Sally had fetched, to make the
sauce ?" — Q. Did she say who had made the sauce ? A. My daughter. I
said that cjmnot be, it could not be the sauce. She said, " Yes, Gadsden ate
a very little bit of dumpling, not bigger than a nut, but licked up three-parts
of a boat of sauce with a bit of bread." — Q. [Tb Mrs. Turner., Jun."] Was
any sauce made with the milk that Sarah Peer fetched ? A. It was. I
mixed it, and left it for her to make.
Robert Gregson Turner sworn. — Q. Did you partake of the dumplings al
dinner ? A. Yes, I did. — Q. Did you eat any of the sauce ? A. Not any
H
86 ELIZA FENNING,
portion of that whatever. — Q. Were you taken ill, sir 1 A. Soon after
dinner I was, sir. I first felt an inclination to be sick : I then felt a strong
heat across my chest. 1 was extremely sick. — Q. Did it produce any
swelling in you? A. I was exactly as my father and wife were, except
stronger symptoms. I had eaten a dumpling and a half. I suffered more
than any person. — Q. Were your symptoms, and that of the others,
such as could be produced by poison ] A. I should presume so ; all taken
in the same way, and pretty near the same time.
Sarah Feer sworn. — Q. You are a servant to Mrs. Turner! A. Yes. — Q.
How long have you lived in the family ] A. Nearly eleven months. — Q.
Do you recollect the circumstance of warning being given to the prisoner
some time after she came ? A. I do, sir. — Q. Did you hear her say any
thing after that respecting your mistress ] A. I heard her say that she
should not like Mr. or Mrs. Robert Turner any more. — Q. On the morning
of the 21st of March did you go for any milk? A. Yes, after two o'clock ;
after I had dined. — Q. What had you eaten for dinner 1 A. Beef-steak pie.
I had dined with the prisoner. — Q. Had you any concern whatever in making
the dough for the dumplings'? A. No, sir. — Q. Or the sauce? A. No sir.
— Q. Were you in the kitchen when the dough was made ? A. No, sir. I
never meddled with it, or put any thing to it. I never was in the kitchen
from the time I went up to make the beds, a quarter after eleven, until I came
down again. — Q. You, I believe, had permission of your mistress to go out
that afternoon ? A, It was directly after I took up the dumplings, and then
I went out directly. I came home at nine o'clock exactly. 1 ate none of the
dumplings myself. — Q. In eating of the beaf-steak pie, had you partaken of
any of the crust ? A. Yes. I was not at all ill. I had eaten some dump-
lings she had made the night before. I never tasted any better. They were
all made out of the same flour. — Q. Had you any difference with your
mistress any time ? A. No.
Cross-examined by Mr. Alley. — Q. W'ere not the coals delivered in the
house that day ? A. No. — Q. Then it is not true that you were set to watch
the coals coming in ? A. No. — Q. As the dumplings were taken out of the
pot you went out ? A. Yes. — Q. Had the prisoner and you been upon good
terms ? A. At times, sir. — Q. When was the last quarrel ? A. Two or
three days before she had taken something out of my drawer for a duster. I
said, I did not like to lead that life, without she altered her temper. — Q.
How long before that had you quarrelled with her ? A. About a week, or a
week and a half. — Q. What might that quarrel be about? A. I cannot say.
— Q. Was it the habit of your house for the servants to take their turns to
go out of a Sunday ? A. Yes. — Q. Who did you go to visit on Tuesday ?
A. My sister, at Hackney. — Q. When had you been to your sister's before
that? A. About a month. — Q. Whose turn was it to go out before this
Tuesday ? A. Mine. — Q. The prisoner lived seventeeen weeks in your
master's house. Did it happen that you ever went to visit your sister but on
a Sunday ? A. Never except on that day. — Q. I suppose you occasionally
went into the office where these young men were ? A. Very seldom, — Q.
You knew the waste paper was kept in the office ? A. Yes, but mistress
always kept it up-stairs in the dining-room for my use Q. You knew there
was waste paper in the office ? A. No, sir. I never touched any there. • I
did not know it for a certainty. There might be waste paper there, but I
never touched it. — Q. Did you not know there was poison kept there ? A. I
never went to the drawer in the office, nor never knew there was poison kept
there to kill rats and mice. — Q. [3//-. &urney.'\ You went to see your sister,
that lived at Hackney ? Yes. — Q. And the reason yoii went away as soon
as you took the dumplings up was to arrive there and see your sister in time 1
A. Yes. — Q. Were the yeast dumplings made the nignt before different or
not? A. Very different, and good, and of a different shape.
Mr. Orlihar Turner. — Q. Did you keep this arsenic to poison the mice,
■J,
FOR AN ATTEMPT TO POISON. 87
that infested the office ? A. Yes, it was only to be used in the office to
destroy the mice, and for no other purpose. This poison had not been used
before for a year and a half.
IViUlam Thisselton sworn. — I am an officer of Hatton Garden office. — Q.
Did you take the prisoner into custody ? A. I did, on the 23d of March, the
day before Good Friday. — Q. While she was sitting in the room in the
office, did she say any thing respecting the poison or the yeast? A. I asked
her whether she suspected the flour ? She said she had made a beef-steak
pie of the flour that she made the dumplings with ; that she, and her fellow
servants, and one of the apprentices, had dined off the pie. I then observed,
if there was any thing bad in that flour, it must have hurt them as well as her.
She said, she thought it was in the yeast ; she saw a red settlement in the
yeast after she had used it.
Joseph Penson sworn. — Q. You are a servant to Mr. Edmonds, the brewer
in Gray's Inn Lane ? A. Yes. — Q. Were you in the habit of leaving table
beer at Mr. Turner's I A. Yes. — Q. Had the prisoner made any application
to you respecting yeast ] A. Yes, she asked me on Thursday. I told her,
if I came that way on Saturday, I would bring her a bit ; if not, on Monday.
I brought the yeast on Monday morning. I took it out of the stilliards where
the casks lay ; out of the yeast for bakers.
Cross-examined by Mr. Jilley. — Q. When you brought the yeast to the house,
you gave it to the last witness, not to the prisoner ? A. I gave it to the
house-maid : she brought me a pot, into which I put the yeast.
Sarah Peer. — Q. What did you do with the yeast ] A. 1 emptied it into a
white basin. I told Eliza that the brewer had brought the yeast. She took
the basin. I saw no more of it.
Mr. John Marshall sworn. — I am a surgeon. On the evening of Tuesday,
the 21st of March, 1 was sent for to Mr. Turner's family. I got there about
a quarter before nine o'clock. All the affliction attending the family were
produced by arsenic. I have no doubt of it, by the symptoms. The prisoner
was also ill, by the same 1 have no doubt. — Q. Did Mr. Orlibar Turner
show you a dish the next morning ] A. He did. I examined it. I washed \
it with a tea-kettle of warm water. I first stirred it and let it subside. I ^
decanted it off. I found half a tea-spoonful of white powder. I washed it
the second time. I decidedly found it to be arsenic. — Q. Will arsenic, cut
with a knife, produce the appearance of blackness upon the knife "? A. I
have no doubt of it. — Q. Did you examine the remains of the yeast \ A.
Yes, there was not a grain of arsenic there ; and I examined the flour tub,
there was no arsenic there.
Mr. Gurney. — That is the case on the part of the prosecution.
Prisoner''s defence. — I am truly innocent of the whole charge. I am inno-
cent; indeed I am ! I liked my place. I was very comfortable.
Gadsden behaved improperly to me; my mistress came, and saw me
undressed : she said she did not like it. I said, " Ma'am, it is Gadsden that
has taken liberty with me." The next morning I said, "I hope you do not
think any thing of what passed last night." She was in a great passion, and
said she would not put up with it. I was to go away directly. I did not
look on Mrs. Turner, but the old lady, as my mistress. In the evening the
old lady came to town. I said, " I am going away to-night." Mrs. Turner
said, "Do not think any more about it: I don't." She asked Mrs. Robert
Turner if she was willing for me to go T She said, " No, she thought no
more about it."
As to my master saying I did not assist him, I was too ill. I had no con-
cern with that drawer at all : when I wanted a piece of paper, I always asked
for it.
The prisoner called five witnesses, who gave her the character of a good-
natured and amiable disposition.
The recorder concluded his charge in words to this effect : —
88 ELIZA FENNING,
" Gentlemen, you have now heard the evidence given on this trial, and the
case lies in a very narrow compass. There are but two questions for youi
consideration, and these are, the fact of poison having been administered, in
all, to four persons, and by what hand such poison was given. That these
persons were poisoned, appears certain from the evidence of Mrs. Charlotte
Turner, Orlibar Turner, Roger Gadsden the apprentice, and Robert Turner ;
for each of these persons ate of the dumplings, and were all more or less
affected ; that is, they were every one poisoned. That the poison was in the
dough of which these dumplings were composed, has been fully proved, I
think, by the testimony of the surgeon, who examined the remains of the
dough left in the dish in which the dumplings had been mixed and divided ;
and he deposes that the powder which had subsided at the bottom of the dish
was arsenic. That the arsenic was not in the flour, I think appears plain,
from the circumstance that the crust of a pie had been made, that very morn-
ing, with some of the same flour of which the dumplings were made, and
that the persons who dined off the pie felt no inconvenience whatever : that
it was not in the yeast, nor in the milk has also been proved ; neither could
it be in the sauce, for two of the persons who were ill never touched a par-
ticle of the sauce, and yet were violently affected with retching and sickness.
From all these circumstances it must follow the poisonous ingredient was in
the dough alone ; for, besides that the persons who partook of the dumplings
at dinner were all more or less affected from what they had eaten, it Avas ob-
served by one of the witnesses, that the dough retained the same shape it had
when first put into the dish to rise, and that it appeared dark and was heavy,
and in fact never did rise. The other question for your consideration is, by
what hand the poison was administered ; and although we have nothing be-
fore us but circumstantial evidence, yet it often happens that circumstances
are more conclusive than the most positive testimony, and I will tell you
why : — A fabrication may" * * * * * *
** * ******
* * " The prisoner, when taxed with poisoning the dumplings, threw
the blame first on the milk, next on the yeast, and then on the sauce ; but it
has been proved most satisfactorily, that none of these contained it, and that
it was in the dumplings alone, which no person but the prisoner had made.
Gentlemen, if poison had been given even to a dog, one would suppose that
common humanity would have prompted us to assist it in its agonies: here
is the case of a master and a mistress being both poisoned, and no assistance
was offered. Gentlemen, I have now stated all the facts as they have arisen,
and I leave the case in your hands, being fully persuaded, that whatever your
verdict may be, you will conscientiously discharge your duty both to your God
and to your country."
After the charge, the jury in a few minutes brought in a verdict of Chiilty .•
and the miserable girl was carried from the bar, convulsed with agony, and
uttering frightful screams.
The recorder passed sentence of death upon her. ''''
On June 26 (says the Annual Register), the day appointed for the execution
of Elizabeth Penning, William Oldfield, and Abraham Adams, the public
curiosity was strongly excited, and perhaps to a greater degree than on any
similar event since the memorable execution of Haggerty, Holloway, &c.
In the case of Fenuing many had taken up an opinion that her guilt was not
clearly established ; for she had uniformly protested her innocence. The last
interview between her and her parents took place about half-past one o'clock
on Tuesday ; to them, and to the last momient, she persisted in her inno-
cence. About eight o'clock the sheriffs proceeded from Justice Hall along
the eubterraneous passage to the Press-yard.
Fenning was dressed in white, with laced boots, and a cap. Oldfield went
up to her in the Press-yard, and enjoined her to prayer, and assured her that
they should all be happy.
FOR AN ATTEMPT TO POISON. 89
The sheriffs preceded the cavalcade to the steps of the scaffold, to which
the unfortunate girl was first introduced. Just as the door was opened, the
Reverend Mr. Cotton stopped her for a moment, to ask her if, in her last mo-
ments, she had any thing to communicate 1 She paused a moment, and said,
" Before the just and Almighty God, and by the faith of the holy sacrament
I have taken, I am innocent of the offence with which I am charged." This
she spoke with much firmness of emphasis, and followed it by saying what
all around her understood to be, " My innocence will be manifested in the
course of the day." The last part of this sentence was spoken, however, so
inaudibly, that it was not rightly understood, and the Reverend Mr. Cotton,
being anxious to hear it again, put a question to get from her positive words ;
to which she answered, " I hope God will forgive me, and make manifest the
transaction in the course of the day." She then mounted the platform with
the same uniform firmness she had maintained throughout. A handkerchief
was tied over her face, and she prayed fervently, but to the last moment de-
clared her innocence. Oldfield came up next, with a firm step, and addressed
a few words in prayer to the unhappy girl. About half-past eight o'clock the
fatal signal was given. One emotion only was perceptible in Penning. After
hanging the usual hour, the bodies were cut down, and given over to their
friends for interment.
The following paragraph relative to Elizabeth Penning appeared in an
evening paper : —
" We should deem ourselves wanting in justice, and a due respect for
government, if we did not state that, in consequence of the many applications
from the friends of this unhappy young woman, who this day suffered the
sentence of the law, a meeting took place yesterday at Lord Sidmouth's
office (his lordship is out of town), at which the lord chancellor, the re-
corder, and Mr. Beckett were present. A full and minute investigation of the
case, we understand, took place, and of all that had been urged in her favour
by private individuals ; but the result was a decided conviction that nothing
had occurred which could justify an interruption of the due course of justice.
So anxious was the lord chancellor in particular to satisfy his own mind,
and put a stop to all doubts on the part of the people at large, that another
meeting was held by the same parties last night, when they came to the
same determination, and in consequence the unfortunate culprit suffered the
penalty of the law."
Her funeral took place on the 31st. It began to move from the house of
her father in Eagle-street, Red Lion Square, about half-past three o'clock ;
preceded by about a dozen peace officers, and these were followed by nearly
thirty more ; next came the undertaker, immediately followed by the body
of the deceased. The pall was supported by six young females, attired in
white : then followed eight persons, male and female, as chief mourners, led
by the parents. These were succeeded by several hundreds of persons, two
by two, and the whole was closed by a posse of peace officers. Many thou-
sands accompanied the procession, and the windows, and even tops of the
houses, as it passed, were thronged with spectators. The whole proceeded
in a regular manner, until it reached the burying-ground of St. George the
Martyr. The number of persons assembled in and about the church-yard was
estimated at ten thousand.
h2 12
90 WILLIAM JONES,
WILLIAM JONES,
FOR MURDER.
William Jones, a young man, twenty-two years of age, was arraigned
upon an indictment, for the wilful murder of Betty Jeffs, widow ; and also
upon a second indictment charging him with having stolen a coat, the pro-
perty of George Holding.
He pleaded guilty to the latter charge, and not guilty to the former.
Mr. Adolphus stated the case to the jury : — A gentleman, of the name of
Lett, was the proprietor of a house. No. 11 Montagu-place, Bedford-square,
which he had left in the care of the deceased, who was a confidential servant.
At seven o'clock on the night of the 31st of December, this poor woman was
seen alive for the last time, standing on the steps of the door. On the fol-
lowing morning, when some tradesmen, who were emplo}'ed about the house,
arrived, they pulled the bell as usual, but no person answered. Being unable
to obtain admission, they became alarmed, and, at length, by getting over
the area railing, they effected an entrance into the house through a window.
They immediately commenced a search, and, upon going into the servants'
hall, the woman was seen lying dead on the floor, her throat cut, and her
body strained as if she had been struggling with her murderer. There was
no instrument of death near her, so that she could not have terminated her
own existence. Her throat was cut through the windpipe, and there were
several marks of violence upon her body. There was a mark on her face,
as if it had been forcibly pressed down by a hand, while the act was com-
mitting. There was also the mark of a shoe on her body, as if a foot had
been pressed upon her when dying ; and there were other appearances about
her, from which the medical gentlemen, who had examined the body, would
tell them that it was impossible she could have done the deed herself.
There was a mark of blood, as if from a finger, on one of the posts ; one of
the deceased's pockets was turned inside out, the other seemed to have been
overlooked, and had a sovereign in it. There was also the mark of a finger
on her thigh. The drawers throughout the house had been ransacked. A
bundle of linen was found, stained with blood. Two silver spoons and a
•watch, which had been in her possession, were missing, and had never since
been found. But the most important circumstance in the case was this, that
near the body was found the lower part of a razor-case. This razor-case, it
would be proved, was not the property of Mr. Lett, and of course not that of
the woman : and this circumstance led to inquiry. The deceased was a
widow, and had been married to two husbands. She had a son by her first
husband, who was a manufacturer of artificial feathers, residing in Cursitor-
street. The prisoner had been living in the neighbourhood of the Cobourg
theatre, with a woman named Mary Parker, but whom he (Mr. Adolphus)
would, for convenience, call Charlotte, as that was the name by which the
witnesses were accustomed to hear her spoken of. The prisoner passed by
the name of Edwards, and lived with this woman in a state of extreme
poverty. He, a day or two before the 1st of January, had borrowed a razor
of a Mrs. Williams, who had four razors, which had belonged to her hus-
band. Two of these were in one case ; another had no case ; and a fourth
was in a single case. It was the one in the single case which the prisoner
borrowed. As soon as this woman saw the case found near the deceased, she
recognised it at once as that which she had lent to the prisoner. Further,
the razor, which had been in that case, was found in the prisoner's posses-
sion, and no case belonging to it could be found, except the one in question.
It would also be shown, that, shortly before the murder, the prisoner was in
great poverty, had no money, and lay in bed, only a morning or two previously.
FOR MURDER. 91
in want of a sixpence to procure a breakfast. In a day or two after, he
was seen with money in his possession, displaying a crown-piece, treating a
person to gin, and taking his woman to the Olympic theatre. The prisoner's
father having died recently, Charlotte observed him one morning in grief, and
having learned the cause, she asked him who had informed him of it. He
told her she did not know the person. This would be important, because it
was only through the deceased, who had mentioned it to her son, that he
could have learnt it. At nine o'clock on the night of the murder, the de-
ceased called the pot-boy, who was going round with beer, and took a pint
from him, which was double her usual quantity, and looked as if she had
somebody with her to share it. It would be further shown, that a washer-
woman, who had been taking linen from Mr. Sergeant Bosanquet's house, in
a cart, heard a scream at about half-past nine o'clock, which was also heard by
the man who drove the cart. The horse was then just put in motion, and they
took no further notice of it until they were apprized of the murder by the
public prints, when they immediately recollected the circumstance. The
fact, however, would be shaken as to the time, by the watchman, who said he
saw Mrs. Jeffs at the door, talking to a man and woman, at half-past ten
o'clock on that night. But the time was not very material. It would be for the
prisoner to account for his time, the mode in which it was passed after seven
o'clock, when he and Charlotte went out together ; she going to Fleet-street,
to pursue her nightly avocation, and parting from him at the corner of Bride-
lane ; from which she saw no more of him until twelve o'clock.
The following were the principal Avitnesses : —
Paul Dent. — On the 1st of January, I was directed to go to the house of
Mr. Lett, in Montagu-place. I rung the bell, but could get no admittance,
and then I and a man named Bonnicke went round through the next house,
No. 12, to the back area of No. 11. We got in through the window, and
opened the door to Hawkins, Judge Holroyd's butler. We then exa-
amined the rooms up-stairs, and found nobody. The bed had not been
used. As it was getting dark, we procured a light from the next house,
and, on going into the servants' hall, found the body of the deceased. The
head was next the window, about four yards from it. The body was lying
on the right side. The right arm was under the body. The left hand was
clinched. The feet were placed straight on the floor, as if she had been
standing on them, with her knees up. Her throat was cut, and there was a
great quantity of blood on the floor, all on one particular spot. I don't think
the body was ever moved after the throat had been cut. I observed a razor-
case and a pair of scissors on the floor near her, on the right side. The left
pocket was drawn outside her clothes.
Cross-examined. — I observed a little work-box on the table with thread and
cotton in it. There were two chairs, one on each side of the table, as if
people had been sitting in them. I think I had gone into eight or nine
rooms, including the drawing-rooms. I searched the rooms a second time,
about an hour afterwards, with the officers. To the best of my knowledge
there was something displaced in every one of them. The drawers seemed
to have been rifled over in the front room. The things in the wardrobe were
chiefly gloves and gaiters. In the cupboard, between the front and back
bed-room, there were two or three boxes with feathers, and some of the
feathers had been taken out. In all the bed-rooms the things had been dis-
turbed and turned over.
Alexander Bonnicke and Thomas B. Hawkins, servant to Mr. Justice
Holroyd, gave a similar description of the state of the house,
Samuel Furzeman, one of the constables of St. Giles'. — He was sent for,
on the 1st of January, to the house. No. 11 Montagu-place. Got there a
little after six. Up tv.-o pair of stairs in a drawer, witness found a glove
with marks of blood, which appeared to be fresh upon it. In another drawer
was part of a newspaper also stained with fresh blood. In the two-pair back
92 WILLIAM JONES,
room he found a bundle. Did not observe blood upon it that night. He
locked up the rooms and kept the keys, until the coroner's jury sat upon the
body, and then made fresh observations. Saw blood on several of the papers
■which were about the feathers, and also on some linen. After the inquest,
the keys were left in the possession of Mr. Robinson. In consequence of
information witness received, he went to 35 Mitre-street, on Tuesday the 8th,
to look for a person of the name of Jones. Gardiner and Salmon accompa-
nied him, and, in the course of the search, they stated the purpose for which
tfiey came. In the back room he saw Salmon take up a shirt collar, which
was now produced. Witness found a razor in the table-drawer, which he
now produced. It had been in the same state ever since. It had one or two
small notches, and the edge appeared to be turned. There was a stain upon
it; could not say by what it was occasioned ; found a new umbrella there ;
could find no sheath for the razor ; found the prisoner on the 13th in the city
compter, where he passed by the name of Edwards. When he was brought
out, witness laid hold of his left hand, and asked him what his name was 1
He said Edwards. Witness said, " No, it is Jones." He first said, "No,
it is not ;" and then said, " Yes, it is." Witness looked at his left thumb.
He had a cut on it near the nail. Asked how long it had been done 1 He said
six weeks. Witness said it appeared to him to be a fresh cut, and asked
him how he had done it. He said in cutting wood with a knife. He had a
blue frock coat on. He took it oiT, and said, " You see what a situation I
am in ; I have not a bit of shirt to my back." Witness asked him what he
had done with it"? He said he had pawned it at Mr. Turner's, Bridges-
street, Strand, on the Saturday preceding; which was the fact. His coat
appeared to have been sponged very recently in the sleeves, outside and
inside, between the hand and the elbow. It was also sponged in the front.
He said it had been sponged by the person who had lent it to him. Wit-
ness thought he said it was Mrs. Williams' son who had sponged it. On
Monday, the 14lh, they took him before the magistrates at Bow-street;
whence he was taken to the house of correction. On Monday, the 28th,
witness went to the house of correction and searched his waistcoat, and
found a stain on the right-hand pocket, but could not say by what it had
been occasioned. Witness had had the waistcoat in his possession ever
since.
The boxes of feathers, the umbrella, and waistcoat were here produced,
and the witness was directed to point out to the court where he saw the
marks of blood upon the papers containing the feathers.
Cross-examined. — A person was examined on this charge previous to my
search after the prisoner. That person was IVIr. Knight, son of the deceased.
He was discharged. I examined the inside of the handle of the razor. The
spot upon the blade looked as if it had been wiped. The handle appears to
have been washed. I did not suspect the prisoner until three or four days
after the murder. I have acted from that time to the present hour under a
strong impression which might have influenced my judgment upon what I
saw. W ith reference to the cut, I am of opinion that it was done much
more recently than the prisoner stated. Upon opening the wound, I found it
fresh and red. When at the compter, I did not make any inquiry respecting
the sponging of the coat. It was my opinion that the waistcoat had been
recently washed, but I made no remark at the time. I took it from the
prisoner. I cannot say whether the trousers of the prisoner had been sponged
also, but some parts of them appeared cleaner than others. I then asked
Jones where he had been living. He answered, without hesitation, that he
had been living with a girl named Charlotte Berry, in Mitre-street. The
prisoner acknowledged also that he had been previously living in Windmill-
street, and in Wootton-street, all of which I found to be true. I knew that
the prisoner had gone bv the name of Edwards, and that he had a reason for
so doingf.
FOR MURDER. 93
INIr. Samuel Plumb, surgeon. — On the evening of the 1st of January, I was
sent for to Montagu-place. The deceased was lying on her back. The
windpipe was divided ; and the wound was not such as the deceased could
have inflicted on herself. Her eyes were open, her hands clinched, and
there was a strong expression of horror in the countenance. I saw the
marks of knuckles upon the left collar-bone, and on the left cheek I saw what
appeared to me the mark of dirt, occasioned, as I judge, from the sole of a
dirty shoe. I saw two slight marks of blood upon her right thigh, and also
a single spot of blood upon her left thigh. I do not think that those marks
of blood were occasioned by the wounds in the throat.
By Mr. Justice Bayley. — I think that the division of the cartilage would
have rendered the edge of a razor unfit for use. I saw the prisoner at Bow-
street, and, at the second examination, I examined his finger, but I could not
assert at that distance of time when the cut was inflicted. I think I could
judge of a wound any time within three or four weeks. I examined the
backs of the hands of the deceased, and found blood upon them both. The
marks appeared to be of another bloody hand.
James George Robinson. — I am not aware that any property is missing
belonging to Mr. Lett. There was considerable property belonging to Mr.
Lett upon the premises which might have been carried away.
George Gardiner, pot-boy of the Gower Arms, Gower-street. — I knew the
deceased Mrs. Jeffs. Saw her last about nine o'clock on the night of the
31st of December, when I went with a pint of beer to her. She was talking
to a man with a white apron, who was standing upon the mat in the hall. I
did not see the face of the man whom I saw with the deceased. He had on
a bltie^oat. The man was of a middle size.
Mr. Justice Bayley. — Look at the prisoner, and say if he resembled that
man.
The witness could not say that the prisoner was the man. The coat, which
the man had on, was such as gentlemen wear, not such as grooms wear. - ,.
Elizabeth Evans, laundress, examined. — I was at No. 12 Montagu-place,
on the night of the 31st of'December, about half-past nine o'clock. Heard a
loud scream, proceeding, as I should think, from No. 11. The man who was
with me thought the cry proceeded from a boy, and I thought it came from
a bad woman.
Wm. Cracknell was in the cart with the last witness, when the scream
was heard. He looked round, and could see no one about.
James Harmah, a watchman. — I was calling half-past ten o'clock on the
night of the 31st of December, when I saw a man and woman talking to Mrs.
Jeffs outside the door. Mrs. Jeffs had the door halfway open in her right
hand, and a candlestick in her left. The man and woman came down the
steps. They bid Mrs. Jeffs good-night, and, when I had walked a little
way, I saw Mrs. Jeffs shut the door. I am the regular watchman for that
beat, but I was not on duty the first night of the new year. The man had on
a blue coat; I did not observe that he had any apron on.
John Knight. — Knew the prisoner at the bar. His name is William Jones.
The prisoner was on intimate terms with my family. He was in the habit
of coming to my house, when my deceased mother used to visit me. The
prisoner called with me at INIontagu-place, and saw my mother in Jul} last.
I had seen my mother on December 30th, in good health and spirits. >
Elizabeth Williams. — She lived in Valentine-row, near the Cobourg thea-
tre. Charlotte Edwards lodged with her, as also did the prisoner Jones.
He had passed under the name of Edwards, and lived with Charlotte as his
wife from the 29th of October, to the 29th of December. The witness has
two children, the eldest of whom is a girl, aged 14. When the prisoner
lived in Mitre-street, she supplied him with the loan of a razor, by her little
girl. She had four razors, a tortoise-shell case, and a black pair. For the
black ones there was no case, and Jones got a tortoise-shell-handled razor in
94 WILLIAM JONES,
the case. [Here the case and the razor with which the murder was perpe-
trated were shown, but the witness could identify neither.] They were
like those which she had lent, but she could not undertake to swear that
they were the same. She saw Jones on the 30th December, between ten and
eleven o'clock. He was in company with Charlotte, and expressed his wish
tliat she would lend him her razor, together with the loan of a silk handker-
chief. Charlotte requested that the child might be sent to borrow a shilling,
or even sixpence, as she wanted both fire and food. The girl was allow ed to
go, but returned unsuccessful. She saw the prisoner subsequently, when he
returned home in Charlotte's company. He remained but half an hour, and
went out for the purpose, as he alleged, of going to a friend in the city. He
was not in the habit of going abroad at that hour, but used to send occasion-
ally to a person named Sells for the loan of a drab coat. She now lent him
that belonging to her son; its colour was dark blue. [The coat which the
prisoner had worn was produced, and identified by the witness as that which
she lent him.] She saw Jones and Charlotte again on the 31st. There
was no conversation about money on that occasion. On the morning of New-
year's day, she was again in their company at Mitre-street. It was about
eleven o'clock, and the prisoner was dressing himself to go out. He in-
tended, he said, to borrow money from a friend. On Charlotte's inquiring
where the money was to be procured, he replied that he had told her that
before. On January 2d, she saw the prisoner in bed, when he informed her
that he had left 2*. for her. Charlotte came in, and said that she could not get a
newspaper. He asked her (the witness) whether she would be able to pro-
cure him a newspaper. She made inquiry if a Sunday paper would
answer his purpose ; on which they replied that they would want a paper
of that morning. After this they all breakfasted ; she took her breakfast
with them on their particular invitation. Charlotte and the prisoner had
some angry words, and she breakfasted apart. He told them that he had
received intelligence of the death of his father from a friend. Jones sat
without his coat, which lay on a chair in the room, and fell during breakfast
with a peculiar soui.d, as if there was silver in the pockets. The accident
appeared to excite his attention. The prisoner then sent out money for a
quartern and a half of gin, which the witness and he partook of. Charlotte
declined drinking any. On Sunday, she (the witness) went again to Jones'
lodgings, and mentioned that she understood the officers of Bow-street were
in search of a person of the name of Jones, on a charge of murder (of his
real name she had been previously apprized). Charlotte answered that it
could not be he, as he had committed no murder. He said it was probable
his friends w-ere in search of him, and had sent the officers to find him out.
Charlotte expressed her fear that he would be obliged to go home in conse-
quence of this information. The next subject of conversation was the coat,
which Charlotte said it would be advisable to have washed. Jones observed,
as he was going out, that he would require to be cautious in returning, lest
any one should dog him home, and requested that she (the deponent) would
not say any thing on the matter. She promised to comply with his request,
and did not see him any more until in custody.
Mary Anne Williams. — Was fourteen years of age, and had been sent to
Jones by her mother with a razor-case on the Sunday before New-year's day.
Charlotte was in the room the evening on Avhich she brought it. She (Char-
lotte) was up, but the prisoner was in bed. [Here the case and the razor were
again produced, but the child was unable to identify either. On this subject
she gave precisely the same evidence as her mother.] They were like those
she saw before, although she could not be certain that they were the articles
lent.
Mary Parker, the person who had assumed the name of Charlotte Berry.
was then called. After some time, she made her appearance, but in a state
of such agitation as to be utterly incapable of giving her testimony, until
FOR MURDER. <*■ * 95
restoratives were used. She seemed greatly affected on seeing the prisoner,
and fainted when placed in the witness-box. After she had been in some
degree enabled to assume composure, Mr. Adolphus commenced her exami-
nation. She was aged twenty-one years, and had passed under the name of
Charlotte Berry for the last two years, the period at which she left her
father's house. She was acquainted with the prisoner for five months previous
to his being taken into custody on the present charge, and occupied the same
lodgings with him, at the house of Mrs. Williams, for two months. She had
since changed her abode. On the evening of December 31, she left home in
Jones' company, and walked over Blackfriar's-bridge with him. They
parted in Fleet-street, at the end of Bride-lane. At about half-past twelve
o'clock that night, they again met in the same neighbourhood, near Poppin's-
court. They were in the habit of meeting nightly in Fleet-street, at twelve
or one o'clock. When she saw Jones, he was coming from the direction of
the Strand. When they had parted, she was destitute of money, and she
believed the prisoner had not any either. He was now in possession of
money, but did not mention where he had obtained it. He said he met a
friend, from whom it was borrowed. He had a few shillings, with which he
accompanied her and her companion (another woman of the town) into a
wine-vault, in Poppin's-court. They drank sixpenny worth of gin, and
returned home by one o'clock. In the morning Jones went out at eleven,
and came back again at three in the afternoon. On this occasion he brought
more money, which, he said, had been borrowed. He gave her five shil-
lings, three of which she expended in redeeming some clothes formerly
pledged, and with the residue she purchased necessaries. While they were
at breakfast the next morning, he said he cut his thumb, when in the act of
cutting bread and butter. In the morning he and she went out and had
some gin, for which Jones changed a five-shilling piece ; after which they
went to the Olympic theatre. The day after, continued the witness, I
was washing, but I do not think there was any thing remarkable on his
clothes, unless a small stain on his shirt sleeve. He said it was occasioned
by some pickle cabbage liqiior. In the morning he threw himself on the
bed and began to cry. He told me he was informed that his father was
dead. During this time Mrs. Williams was in the habit of calling to see us
in Mitre-street. On the morning of the 2d of January, he directed me to get
him a newspaper. 1 tried, but could not get one. In the evening Mrs.
Williams came, and told us that the Bow-street officers were after Mr. Jones.
After Mrs. Williams went out, I went down-stairs and requested Mrs. Sta-
pleton to watch for us while we went out. She did so. I went out first,
and Mr. Jones went out soon after. We met near the Surry theatre, and
walked together some time, and slept in the city. This was on the 6th of
January. We slept together the two following nights, and the third night we
had no bed, and walked the streets all night. [Here the witness became so
dreadfully affected that it was with difficulty she was prevented from fainting.]
About seven o'clock the following Saturday, I heard that Jones was taken
into custody. Mrs. Williams lent some things to Jones ; she lent him a
razor. I did not notice a case with it. I was shown a razor-case at Bow-
street, and think it was the one I saw in Wootton-street. I was likewise
shown a razor, and believe it to be the one now produced. The razor-case I
recollect by its being freckled a little, and by this mark (pointing to a mark).
We had no money on the 3 1st of December to purchase us the necessaries
of life.
Mr. Plumb recalled, and examined by Mr. Justice Bayley. — The deceased
could not have committed suicide, from the nature of the wounds.
Mr. Justice Bayley then rose and addressed the prisoner, observing, that
the time was now come, when, if he had any observations to make, he might
do so.
v-
96 WILLIAM JO>.ES,
The prisoner bowed respectfully, and unfolding- a paper, in a slow un-
broken voice read nearly as follows : —
" My lord, and gentlemen of the jury, — I feel confident of your attention
and favourable consideration of the few words I have now to address to you.
If now for the first time you learned the charge against me, my situation
would be one sufficiently alarming ; but how" much more frightful is it in
consequence of the spreading, throughout the country, of details Vv-hich have
excited universal horror. I will mention only one instance of the misrepre-
sentation with which my name has been associated. At the very time when
the bill against me was before the grand jury, a man was engaged near the
Sessions-house blowing a horn, and circulating the report that I had made a
full confession of this murder, and had committed suicide in the house of
correction. I might complain also of the way in which every little circum-
stance has been turned to my prejudice, but that I am willing to believe that
a desire for justice was a part of the actuating motive. From tlse first mo-
m.ent when this charge was brought against me, I have denied it. Would
that I could with equal truth declare myself guiltless of all other offence, but
I feel that I am obliged to make my own misconduct a part of my defence.
Whatever may have been my errors, however, the slightest thought of murder
never crossed my mind. I owe it to an aged mother and other friends, whose
minds have already bled too much for me, to declare that I am guiltless of
this charge. Thrown amidst the temptations of the town at an early age, my
life was wild and dissolute ; dissipation led to crime; and at the time when the
offence with which I am now charged was committed, I knew that a charge
of forgery had been made against me, and thus it was that I fled at the ap-
proach of the officers. With regard to my examination before the magistrates,
I beg to say that many questions were put to me, that you, who value the
principles of English law and justice, must condemn. I admit, however, that
I did make a statement before the magistrate, but it is not true ; and thus,
in order to avoid suspicion of one crime, I was obliged to confess to others.
One of the presumptions against me is, that I was intimately acquainted
with the unfortunate "Sirs. Jeffs. I solemnly declare, however, that I saw
IMrs. Jeffs but three times in my life. The first time I saw her was at the
house of her son, Mr. Knight, in Anderson's-place, Cornwall-road. The
second time was at his house in Cursitor-street, when she told me she
invited I\Ir. Knight's daughter and my sister to take tea with her, and she
asked me to accompany them. The third time I saw Mrs. Jeffs was when I
accompanied Knight's son and his sister to the house in Montagu-place.
We saw Mrs. Jeffs upon that occasion but for a short time. I never saw
Mrs. Jeffs after the month of July last. Mrs. JetTs, Knight, and I went to-
gether to Montagu-place, when he went into the house, I believe, to ask for
money. I saw her upon that occasion, which was some time in last July, and
I never saw her after. I took the name of Edwards to avoid detection, know-
ing that I had unfortunately rendered myself liable to the law, inconsequence
of what I had done at Mr. Duncomb's. Under such circumstances, I should
be more than insane to have gone to Montagu-place, where most likely I
should have been refused admittance. As to my dress, and the circumstances
of suspicion attached to the coat, I am enabled on the clearest proofs to answer
that part of the charge. Mrs. Williams has a son employed by a surgeon who
resides in Blackfriars-road. That gentleman gave him a coat which was da-
maged, and the stains upon which were said to be occasioned by blood. In my
distress I borrowed this coat, and unfortunately for me, the very worst construc-
tion was put upon a circumstance purely accidental. In the same way
the blood upon the shirt collar was made use of as a proof against me, and
the waistcoat was said also to be stained with blood. As to the stain upon
the collar, what becomes of it when it is proved in evidence that I cut my
thumb. So little did the circumstance of cutting my thumb occupy my
-T'i'-
ABRAHAM THORNTON. 97
thoughts, that, when I was questioned about it by the officers, I totally forgot
how or when I did it, and returned an answer at random. With respect to
the razor-sheath, I beg leave, my lord and gentlemen, to draw your particular
attention. I trust you will examine this part of the evidence carefully, and
say if any one could swear to a razor-sheath, of which there are hundreds of
a similar make and description sold daily in the metropolis. It is a common
razor-sheath, and has nothing whatever about it to mark it as peculiar.
With respect to the edge of it being notched, I can answer it. One day,
when I was alone in Mitre-street, quite unconscious of what I did, I cut the
razor-sheath bit by bit with the razor, and flung them into the fire. 1 am
most anxious to satisfy you as to where I was on the evening of the 31st of
December. Mary Parker and I left home that night, and proceeded together
to Blackfriars-bridge. I went to the Adelphi theatre in the Strand, and
remained there until the performances were over. I then joined Charlotte in
Poppin's-court, about twelve o'clock. The bells of St. Bride's were then
ringing what they call the New-year in. It has been said, if I was at the
theatre, I could prove the fact, but it was impossible for me to do so, situated
as I then was. It is not pretended that I am a hardened murderer ; and if not,
is it likely I could be cheerful as usual, and have supported a falsehood by
bringing Mary Parker to the theatre? My possession of money, soon after
the commission of the offence of which I am accused, is another charge
against me ; but let me remind you, gentlemen, that a person living the dis-
graceful and irregular way in which I lived, may be one moment without a
farthing, and the next possessed of money. And here, gentlemen, I must
do justice to the unhappy woman who lived with me, by declaring that she
was totally unacquainted with many of my offences, and that I carefully con-
cealed them from her. There is one point I cannot pass unnoticed, I mean
the letters said to be written by me in prison. The first letter I wrote, the
second I know nothing about, and the third was written under the impression
that I knew a person named Morris, at the White Lion, in Wych-street. As
to the second letter, I only entreat that the manner in which it was obtained
may be clearly stated. All I can say is, that I deny the letter. Gen-
tlemen, without another remark, I leave my fate in your hands, under the
impression that you will throw aside any prejudice that may have beea
excited in your minds against me. The man who is dishonest may not be
cruel. The thief may shrink from the crime of murder, and I can with truth
declare that this has always been the state of my mind. No propensity to
cruelty, or desire to commit violence on any human being, ever formed a part
of the many evil inclinations by which I have been influenced. I do solemnly
declare before God, that I am innocent of the crime of which I am now
accused."
Several witnesses deposed that the prisoner bore a humane character.
After Mr. Justice Bayley had summed up the evidence, in a charge of two
hours, the jury retired for about twenty minutes, and brought in a verdict of —
Not Guilty.
ABRAHAM THORNTON,
FOR THE MURDER OF MARY ASHFORD TRIED AT WARWICK, AUGUST, 1817.
This was as atrocions a murder as ever was perpetrated, and it excited the
attention of the world in an extraordinary manner, owing to its having taken
place without retribution, and to the measures which were oflfensively and
defensively adopted to inflict and escape legal punishment.
The evidence, like that in most cases of secret murder, was circumstantial,
I 13
P8 ABRAHAM THORNTON,
but in this case the circumstances were so corroborative and conclusive, and
afl:ected only by one piece of evidence (a vague estimate of time, and an
alleged impracticability of going a certain distance in a time undetermined
and assumed), so that all England was struck with horror at the turn of the
proceedings at Warwick.
It seems that about four o'clock the deceased was seen within a mile of it,
walking towards the pit, where her violated body was found at half-past six,
and that three or four persons swore that they saw the accused between four
and five o'clock at a spot which was one mile and a half from the said
pit, across the fields, or two miles and a furlong by the road. The judge,
Holroyd, inferred therefore a clear proof of alihi, and hence the jury found a
verdict of not guilty.
The clamour on the subject was so great that Mr. Edward Holroyd, the son
of the judge, published the trial, accompanied by observations and an ex-
act plan. From this report we have copied the substance of the evidence.
Thornton was the son of a blacksmith, and a young man of loose habits, and
his father, a respectable man, acted also as steward to one or more non-resi-
dent land-owners, and among others to the farm rented by Holden. Mary
Ashford was a smart and pretty country girl, of twenty, living as servant
with her uncle. After the verdict, Thornton returned to his father's; but
his former companions avoided him, and on going once or twice to Birming-
ham, crowd? assembled and insulted him. After the appeal, as public feel-
ing allowed him no peace, he went under a feigned name to America, where
he soon died, and in the mean time his father died of broken spirits. On
one side, the enormous legal expenses were borne by public subscription,
and the spirited conduct of Mr. Bedford, a Birmingham solicitor, and ne-
phew of the magistrate, and on the other by the father and family of
Thornton.
Mr. Clarke opened the case for the prosecution, and first called Hannah
Cox, who stated as follows :
I was acquainted with Mary Ashford ; she lived at Coleman's at Langley,
about three miles from Erdington ; Coleman was her uncle; Coleman, her
grandfather, lives at the top of Bell-lane ; she came about ten in the morn-
ing of the 2Gth May, Monday, going to Birmingham market; she had a
bundle with her, containing a clean frock and v/hite spencer, and a pair of
white stockings ; she was to come back when she came from Birmingham
to go to a dance at Tyburn ; she returned about six and changed her dress ;
I fetched a new pair of shoes for her ; she left the clothes taken off in a
bundle; we went together to the dance; Mary Ashford was in the dancing
room ; I left the house between eleven and twelve o'clock ; I went out first
and waited ; Mary Ashford was at the room door ; Mary Ashford came out
afterwards and the prisoner with her; we went towards home; the prisoner
and Mary Ashford went on first, and I waited a little ; Carter was with me ;
I walked with the prisoner and Mary Ashford to a place between Reeves's
and the Old Cuckoo, near to where the road separated to Erdington ; I walked
on first, and saw no more of them ; I took the road to the left ; I went to
Mrs. Butler's, and went to bed ; in the morning, twenty minutes before five,
by my mother's clock (it was too fast), Mary Ashford knocked me up ; she
came in in the same dress as overnight; her dress was not disordered, nor
she ; she appeared very calm, and in very good spirits ; she changed her
dress, put on her pink frock that she had in the morning, her scarlet spencer,
and black stockings, but retained her shoes ; she lapped her boots up in her
pocket handkerchief, and put the rest of her dress and some marketing things
in a napkin ; she might be a quarter of an hour; she left me on that; I saw
nothing more of her.
On her cross-examination, she said — Her father lives at Erdington, a gar-
dener; I had seen something of Thornton between two and three times at
her uncle's ; no appearance of female complaint when she went to the ball ;
FOR MURDER. 99
I had no idea of any then; her grandfather and father lived in Erdington ; I
got up ; I did not take any particular notice of her dress ; she said she had
slept at her grandfather's, about a quarter or half a mile from where I parted
with her; I asked her how long Thornton had stopped with her; she said a
good bit ; I asked her, and she said he was gone home.
I was present part of the time ; she put on her stockings ; stood up ; did
nothing more than change her dress, and go away; I did not observe the
stocking she pulled off, nor her shoes ; I cannot say whether her frock was
stained then or not.
Benjamin Carter. — I was at Tyburn, in the room where the dancing was ;
saw the prisoner and the deceased there, and they were dancing together ; in
about a quarter of an hour after she came away, and the prisoner with her;
they went on the road to Erdington together; I went up with Hannah Cox
part of the same road ; we went on till we overtook them ; I went about
twenty yards, and came back towards Tyburn ; they were going on the road
leading to Freeman's ; I came back and overtook them between Reeve's and
Potter's ; Hannah Cox was not then with them ; I came with them to Potter's
house, and went home.
John Hompidge. — On Tuesday, 27th May, I was at Reynold's at Penn's
mill ; I was sitting in his house when I heard somebody talking, about two
in the morning;* I saw nobody immediately; first time I saw a man and
a v.-oman ; they were in the ford-rift (footpath) at a stile which leads into
]3ell-lane ; when I got up to the stile, the prisoner was the man ; I bid him
good morning; I did not know who the woman was ; 1 did not see her face,
she held her head down so ; they stood against the stile ; I got within
about a hundred yards of them before I saw them ; she appeared not to wish
to be known.
Thomas Jlspre. — On the morning of the 27th of May I was on the road ; 1
was crossing Bell-lane, leaving that lane on the right, and Erdington on the
left by Gree'nsairs ; a horse pU in the lane, against which I saw Mary Ash-
ford; she was going towards Erd'ngf on, walking very fast, ciowi half-past
three; she was alone ; I looked up Bell-lane in the direction in which she
was coming, I saw no other person.
Jjse'^h Daiv-on. I "-ot u" I thi:ik about four; £2,^ Mil'^ Ashfcid CCIH'"'^-
from towards Erdington, I was going towards it; she was near Holmes.
John Kesterton. — I live at Greensall's ; I put the horses to the wagon at
four; and went straight off for Birmingham, through the village of Erding-
ton; I had passed Mrs. Butler's a little way; I turned to look back; saw
Mary Ashford coming out of widow Butler's entry; I smacked my whip;
she turned and looked towards me; I saw her plain ; a quarter past/aw?-.-
she turned up Bell-lane; she seemed to be going in a hurry; I knew the
prisoner by sight hardly ; I saw him not, nor any but her.
Joseph Dawson. — I knew the deceased ; saw her on Tuesday morning, 27th,
at a quarter past four, as near as I can guess ; I spoke to her ; she asked me
how I did, and passed on ; she had on a straw bonnet and scarlet spencer ;
a bundle in her left hand ; this was near Holmes's; she was going towards
Bell-lane, from Mrs. Butler's; she was walking very fast ; I saw no man
about then.
Thomas Broadhurst. — Before I came to Bell-lane I saw Mary Ashford
crossing the turnpike road ; she was going from Erdington towards Penn's ;
she had a bundle, and was going fast; when I got home our clock wanted
twenty minutes to five; our clock was a quarter too fast.
Geo-ge Jackson. — I live in Hurst-street, Birmingham; I was going be-
yond Penn's Mills to work ; I came by the workhouse of Erdington ; I
turned out of Bell lane into the footpath leading to Penn's ; going along I
* By the report of others there was much COTitention for a considerable time in the
path, between two and three in the morning.
100 ABRAHAM THORNTON,
came to a pit ; I observed when I came near a bonnet, a pair of shoes, and a
bundle, close by the top of the slope that goes into the pit; I saw one shoe
was all blood ; then I went towards Penn's Mills to get assistance ; going
down from the pit, about thirty yards it might be from it, I observed blood, a
triangle, zig-zag, for about two yards; I went a little further, and saw a
lake of blood by the side of a bush ; I saw more to the left on some grass.
JViUlam Lavell. — I went up to the pit in consequence of what I heard from
Jackson ; footpath through the harrowed field ; went along it going from the
pit towards Erdington; observed first the footsteps of a man to my right
hand ; a dry pit at the corner of that field to the right; the footsteps were
turning up to that corner; I went further up along the footpath towards
Erdington; in about eight yards distance I discovered footsteps of a woman
to my right ; I traced the footsteps of both from those two spots ; the)^ got
together in about fifteen yards, bearing to the hedge ; they were both of them
running by the sinking in of the ground and the stride ; traced the footsteps
of both the man and woman running together to the corner where the dry
pit was; there I observed them doubling backwards and Ibrwards, dodging
about.
I traced them on to the grass at the corner of the piece by the dry pit, at
the right hand corner ; then the footsteps went towards a water pit in the
harrowed field ; 1 traced them to that pit on the harrowed ground ; they
appeared there to be walking; sometimes the woman's feet oflf, and some-
times on ; in one place both off together, and on the grass ; traced them down
to that water pit ; I could trace them no further, the woman's, but the man's
I did to the hard road ; she was on the grass nearest the pit ; appeared
walking on together.
I then traced the footsteps of a man the contrary way from the footpath ;
appeared running on the harrowed ground ; no other footsteps that way ; I
traced them three-parts across the field towards the dry pit ; then they turned
to the left as I was pursuing the track ; then I traced across the footpath and
to the gate at the far corner ; cross the footpath in the middle of the field,
footsteps of a man running quite to the cross corner ; no woman's steps ; I
could trace them no further than to that gate; it was clover; the footsteps
went alonar no regular road, but it would make a shorter cut.
I went with Joseph Bird with the prisoner's shoes first; took both; they
were right and left shoes; and the man's footsteps appeared to be made Avith
right and left shoes ; we tried the shoes on the footsteps ; we tried them
with a dozen footsteps, I suppose, in different parts; those shoes exactly
fitted those footsteps on both sides the footway ; I have no doubt the foot-
steps were made by those shoes ; we tried them with the footsteps that turned
off the footpath, about eight yards from the woman's, and where they were
running together, and where the doubling was ; in all those parts they agreed ;
some nails were out of the side of one shoe ; we observed two nails ; footstep
over a bit of a short stick, which threw the foot up ; saw mark of two nails ;
we tried the shoe with that footstep ; two prints of the nails in the trace ;
small nails in the shoe; we could hardly trace them.
Went with Mary Ashford's shoe afterwards with Bird ; compared it with
the woman's footsteps that turned off the path to the right ; and where they
appeared running, and where the doubling was, and where walking ; the
shoes agreed with the footsteps ; no doabt the footsteps were made by those
shoes ; I saw one footstep, appeared to be the foot of a man near the slope ;
near the edge ; none down the slope; it appeared to be the left foot side-
ways; inclined towards the slope; I did not compare the shoe with that ;
I saw the bundle by the side of the pit ; a pair of shoes and a bonnet ; those
shoes I compared with the woman's footsteps ; where the blood was, was
about forty j'ards off the pit; I saw some nearer, about fourteen yards nearer
the pit ; I traced it for fourteen yards ; a train of blood ; across the path on
the clover towards the pit where the body was found, no footsteps ; about a
FOR MURDER. -101
foot from the footpath ; the dew was on the clover then ; it came to drops at
last ; when it first came to the clover a regular run.
Upon his cross-examination, he said — I began to trace the steps about seven
o'clock ; about one on the same day it might be, I compared steps with the
man's shoes ; I covered with boards two tracks of the man's and one of the
woman's before the rain; from the depth and strides only I considered them
running or walking; one hundred and forty yards from the footpath to the
dry pit ; near same length to the other ; blood forty yards off the pit was
in the same close where the body was found ; one footstep close to the
declivity ; I observed that footstep as soon as I got there first ; I did not
observe marks of blood in the harrowed field ; no footsteps of any sort where
I traced the blood fourteen yards ; a footpath by ; the track of blood crossed
the path, but went in a straight line towards the pit.
Joseph Bird. — I went to the pit ; found Lavell there ; I accompanied him
into the harrowed field to trace the footsteps; took the prisoner's and
deceased's shoes for comparing them with the footsteps ; footsteps of a man
on the right going towards the dry pit; farther on from the footpath saw
woman's steps to the right ; a few yards up they came in contact ; went
towards the dry pit ; they appeared to me as if two persons had been dodging
there; they appeared to me to be the footmarks of persons running; the
length of the strides in one thing ; straight in the toe of the woman's, as if
raised; the man's very deep,- the heels very deep, as the appearance of a
heavy man running,*
At the corner they went down the hedge side towards the pit at the bottom
of the harrowed field; there they seemed to be walking; the strides were
shorter, the impressions not so deep ; I saw them down to the pit ; the wo-
man was sometimes on the grass, sometimes on the ploughed field.
Afterwards traced the footsteps of a man up the field ; when near the dry
pit went straight across the footpath to the further corner gate, footsteps of
a man only running ; I compared the prisoner's shoes with these last foot-
steps, they exactly corresponded ; both sides the fuotpath, and compared
them with those of the man where he turned out before he joined the woman,
and after he had joined her ; they all corresponded ; I compared them first
with the right footstep ; right and left shoes ; I kneeled down to blow the
dirt out, and see if any nail marks ; I observed two ; across the foot near the
small, a bit of rotten wood had the outside of the right side a little up ; the
impression of that side not so deep as the other ; I observed two nail marks
on that side ; nailed round the toe ; then a space ; then nailed again on the
outside ; the two first nearest the toe after passing the space ; I marked the
first nail mark ; kneeled down ; it exactly corresponded with the shoe ; I saw
at the same time the second corresponded ; it may be half an inch between.
I compared the woman's shoes, they exactly corresponded, — in different
places ; corresponded in every instance exactly, where the running was ; lea-
ther of the shoe was rather raised in places by being wet ; they corresponded ;
the shoes were not exactly there alike ; the impressions varied accordingly ;
I applied the shoes to the impressions both to the man and the woman ; I have
no doubt the impressions were made by those shoes ; we made these exami-
nations on the 27th ; the man's about one o'clock, the woman's about ten or
eleven the same day.
Joseph Webster. — I live at Penn's ; the mills belong to me; saw the body
when just brought to the edge of the water; I observed a considerable quan-
tity of blood forty yards off the pit ; a round space of blood as much as I could
cover with my extended hand; the impression of a human figure on the grass
on that spot ; the arms and legs appeared to have been extended quite out ;
a very small quantity of blood was about the centre of the human figure, and
the other at the feet ; I observed what I considered to be the mark of
* Thornton was a stout atliletic man.
102 ABRAHAM THORNTON,
knees, toes, and large shoes ; I judge them to be marks made by the same
person ; the lake of blood was much coagulated ; that was the part at the
feet; I traced the blood for ten yards from that spot towards the pit.* By
the stile farther from the pit, in a continuance of the footpath, an impression
as if one person had sat down on the other side of the stile, just in the next
field, the other way from the harrowed field ; 1 returned in about an hour.
In the harrowed field I perceived the traces of a man and woman's foot ;
Bird showed them me ; I sent for the woman's shoes, and compared them
with the marks ; they perfectly corresponded ; not a doubt they were
made by those shoes; they were stained with blood outside the shoe, but
inside the foot; afterwards I went to Lavell's to examine the body; the
spencer was taken oflf, and there was on each arm what appeared to me the
grasp of a man's hand ; I went to Mrs. Butler's on the morning of the 27th
to examine her (Mrs. Butler's) clock; I compared it with my watch ; hers
was forty-one minutes faster than mine ; I saw the clothes on the body when
taken out of the water ; the hind part, the seat of the gown, in a very dirty
state ; blood was on the gown.
Fanny Luvell. — Body of the deceased was brought to my house ; I un-
dressed her ; no blood on the black stockings ; only one thin petticoat —
dimity ; no flannel on, so that the blood on it would easily communicate to
the rest of the dress.
Thomas Dale. — This was the bundle of things delivered to me ; spencer
appears quite clean ; a good deal of blood about this gown ; stockings bloody
almost all the way ;-j- she had no cloth on, or preparation for the state she
was in.
Mary Smith. — I assisted in examining the body, about half-past ten that
morning ; the body was not cold ; marks of fingers appeared on each arm. I
examined the lower parts of her body, they were in a very bloody state ;
whether it was a monthly evacuation or blood from violence, I cannot tell ;
she had no cloth on.
The examination before Mr. Bedford the magistrate was then read.
At Tyburn, in the parish of Aston, iii the county of Warwick, the 21th of
May, 1817.
The voluntary examination of Abraham Thornton, of Castle Bromwich, —
that he is a bricklayer ; that he came to the Three Tuns at Tyburn, about six
o'clock last night, where there was a dance ; that he danced a dance or two
with the landlord's daughter, but whetlier he danced with Mary Ashford or
not he cannot recollect. Stayed till about twelve o'clock : and then went
with Mary Ashford, Benjamin Carter, and a young woman ; that they
walked together as far as Potter's ; Carter and the housekeeper went on
towards Erdington. He and Mary Ashford went on as far as Freeman's;
they then turned to the right, and went along a lane till they came to a gate
and stile, on the right hand side of the road ; they then went over the stile,
and into the next piece, along the foot-road ; they continued along the foot-
road four or five fields, but cannot exactly tell how many. He and Mary
Ashford then returned the same road ; when they came to the gate and stile
they first got over, they stood there ten minutes or a quarter of an hour, talking ;
itmight be then about three o'clock ; whilst they stood there a man came by.
He and Mary Ashford stayed at the stile a quarter of an hour afterwards ;
they then went straight up to Freeman's again, crossed the road, and went on
towards Erdington, till he came to a grass field on the right hand side the
* It was the impression on the spot that the girl fainted during the violation, and that
the violator, alarmed for his safety, and unwilling lo run away or ex|)ose her and himself
in that state, carried her in his arms and ihrew her into the pond. The traces of blood
without his footsteps were adduced as proof
t Hence it appears that the dancing had accelerated the menses, and in this state she
was not likely to yield to the wishes other violator, whose passions were nevertheless so
far excited that he alterwards waylaid her.
FOR MURDER. 103
road, within about one hundred yards of Greensall's ; Mary Ashford walked
on, and he never saw her after; she was nearly opposite to Greensall's.
Whilst he was in the field, he saw a man cross the road for James's, but he
did not know who he was ; he then went on for Erdington workhouse to see
if he could find Mary Ashford ; he stopped upon the green five minutes to
wait for her ; it was four o'clock, or ten minutes after four o'clock. He went
by Shipley's on his road home ; and afterwards by Holden's, where he saw
a man and woman with some milk cans, and a young man driving some
cows out of a field. He then went towards Twamley's mill, where he
saw Mr. Rotton's keeper taking rubbish out of the nets at the flood-gates ;
he asked the man what o'clock it was 1 he answered, near five o'clock, or
five ; Twamley's mill is about a mile and a quarter from his father's house,
with whom he lives. The first person he saw was Edward Leake, a servant
of his father's, and a boy ; that his mother was up. He took off a black coat
he had on, and put on the one he now wears, which hung up in tlie kitchen,
and changed his hat, and left them both in the house ; he did not change his
shoes or stockings, though his shoes were rather wet, from having walked
across the meadows. That he knew Mary Ashford when she lived at the
Swan, atErdington, but not particularly intimate with her; that he had not seen
Mary Ashford for a considerable time before he met her at Tyburn. He had
been drinking the whole evening, but not so much as to be intoxicated.
Thomas Dale. — Assistant constable of Birmingham ; after the examination
was taken by the magistrate, I went up-stairs with the prisoner to examine
his person ; he unbuttoned his breeches ; shirt, and flap of his breeches, both
bloody; he owned he had had connexion with the girl by her consent, but he
knew nothing about the murder.
Joseph Cooke. — Was at the dance at Tyburn, saw the prisoner there ; saw
the deceased there. He (the prisoner) asked Cotterell who she was] He
(Cotterell) said Ashford's daughter. He (the prisoner) said he knew her
sister very well ; he said he had had connexion with her sister, and he
would with her or die by it.
Daniel Clarke. — I keep the Tyburn-house (where the dance was) ; next
morning I went to Castle Bromwich ; I found the prisoner on the turnpike
road on a poney. I asked him what became of the young woman who went
with him from my house last night ] He made no answer, and I told him
she was murdered, and thrown into a pit. Prisoner said murdered ! I said,
yes, murdered. Prisoner said immediately, I was with her till four o'clock
this morning. I asked him to come along with me to clear himself; he went
with me to my house, better than a mile ; he said he could soon clear him-
self; he said nothing more about this ; we were talking about farming, and
the like. He went into the room, and had something to eat and drink ; he
might remain there half an hour. I did not offer to discourse about it after-
wards, and yet I was very much shocked. I did not know that the prisoner
had been with her till four in the morning till he told me. I thought he
appeared a little confused when I first put the question to him.
George Freer, Surgeon. — I examined the body ; between the thighs, and
the lower part of the legs, was a great deal of blood ; the parts of generation
were lacerated, and a quantity of coagulated blood was about those parts ; I
proceeded to open the body, and found the parts of generation lacerated ;
some coagulated blood about them ; and she had the menses upon her. 1
then opened the stomach, and found in it a portion of duck-weed, and about
half pint of a thin fluid, apparently chiefly water. In my judgment she died
from drowning. Two lacerations, quite fresh ; I was perfectly convinced,
till those lacerations, she was a virgin ; some coagulated blood adhered to
them. I saw the coagulated blood on the ground ; the menses do not pro-
duce such blood as that ; that coagulated blood proceeded from the lacerations ;
the lacerations were from the sexual intercourse. There were no lacerations
but what might, or might not, arise from sexual intercourse with a virgin,
^^"
104 ABPvAHAM THORNTON,
with consent and without violence. It is very evident that the menses came
on at an unexpected moment by her ; it may increase a little for a day or
two; may be less at first, and increase in an hour or two; it might become
extremely copious and troublesome. Dancing was likely to increase it. A
robust, fine young person. An unusual quantity of blood independently of
the menses.
Evidence on the part of the prisoner.
William Jennings. — I am a milkman ; live in Birmingham; I get my milk
from Holden's; I and my wife were at his house on Tuesday morning, 27th
May, in Erdington. I did not know Thornton before I saw him coming
down the lane leading from Erdington, going towards Holden's, as if from
Erdington-way ; this was about half-pa&t four, as near as 1 could judge,
having no watch ; we had milked nearly a cow, after I had seen him, and
before I asked Jane Eaton what o'clock it was ; it might be ten minutes; he
was walking leisurely; no appearance of warmth or heat about him.*
Martha Jentiings. — I was with my husband by Holden's. I saw the pri-
soner pass ; I did not know him before; he was coming gently along, about
half-past four. Afterwards 1 inquired of Jane Eaton the time in the morning.
We waited till Holden brought the cows into their yard, and milked a cow ;
a quarter of an hour, I think, might pass.
Jane Eaton. — I lived at Holden's, Tuesday, 2Tth May ; I got up about half-
past four ; I could see from the window of my room up the lane towards
Erdington, but not far; I saw a man in the lane walking towards Castle
Bromwich from Erdington, walking quite slow ; some time after that, about
a quarter of an hour, Jennings and his wife came to ask me what o'clock ;
I looked at my master's clock, it wanted ten minutes of five by it; it was not
altered for some days after that.
John Holden. — I live with my father; my mother was ill in bed on the 27th
May ; remember Jennings and his wife being there on that day ; know the
prisoner ; had been down for the cows ; in returning, met the prisoner about
two hundred yards from the house, after he had passed it.
John Ilaydcn. — Gamekeeper to Mr. Rotton, of Castle Bromwich ; I went
from my own house ten minutes before five on the 27lh May ; I heard
Rotton's stable clock strike five ; in about five minutes I saw the prisoner ;
he was coming towards Twamley's mill ; he was coming as from Erdington,
towards Castle Bromwich; I knew him; I asked him where he had been;
he said he had been to take a wench home ; he stayed with me ten minutes
or a quarter of an hour.
Jaynes White. — I saw the prisoner at Castle Bromwich, at Wheelwright's
bank ; better than half a mile from Zachary Twamley's mill ; and from there
to his (the prisoner's) father's house was better than half a mile ; twenty
minutes past five by the chapel clock.
The learned judge, says Mr. Holroyd, then proceeded to sum up. — His
lordship's observations (together with a very full recapitulation of the whole
of the evidence), besides reminding the jury of the importance of the duty
of wholly dismissing from their minds every thing they had heard upon the
subject previous to the trial, and every prejudice that their minds might have
thereby conceived against the prisoner, and of considering the case only upon
the evidence which had been laid before them, were such as to point the
attention of the jury, particularly to (amongst other things) the fact that
Thornton had parted from Mary Ashford previous to her return to Mrs.
Butler's, that there was no direct proof that he ever rejoined her, nor any
proof whatever that he did so, unless so far as it could be collected from the
other circumstances of the case ; — to the materiality of the question, at what
* The reports on the spot described him as bursting through the hedge, and soaked with
dew from the grass and leaves, and that his irruption was so sudden that he frightened
one of the cows.
FOR MURDER. 105
time did the connexion take place ■? whether in the night time before, or in
the day light after her return to Mrs. Butler's ; and with reference to that
point, to the consideration not only of the suspicious circumstances against
the prisoner, but also of the condition of the dancing dress, more especially
the white silk stockings of the deceased, which she had put off at Mrs.
Butler's, contrasted with the state of her black stockings, which she there
put on, and in which she was when drowned, — to the evidence of the
surgeon ; — to the circumstances of the case as the jury should consider them
to have been established in proof against the prisoner, independently of the
proof of the alibi, and again with reference to that proof of the alibi, — and to
the impression which it should have made on their minds as to the truth or
falsehood of the facts sworn to by the witnesses brought to prove alibi, or as
to those witnesses misrepresenting, or being mistaken, or not, in the day, or
time, to which they respectively spoke.
The jury, after a short consultation, returned a verdict of i\"b/ Guilty.
Mr. Holroyd, the judge's son, introduces observations to render it probable
that the girl was drowned by accident ! His words are these : —
"It is impossible, however, that she did so upon reflecting on the conse-
quence of what had passed. If this were so, however much the event were
to be deplored, still the acquittal of Thornton of the murder was right, though
he would in such case remained exposed to the vengeance of an offended
God. But although her probable self-destruction cannot be urged as a
ground for the acquittal of Thornton, yet another conjecture as to the cause of
her death is worthy of consideration, arising from the placing of the bundle on
the pit bank, close to the footpath side, in her way home to her uncle's, and
from the taking off of her shoes. In the bundle were her half boots, the only
part of her daily dress she had not resumed. One of her dancing shoes, with
which she was returning home, upon her feet, being all blood, and the other
bloody, who can say whether, startled with observing as she walked, that
blood upon it which would be visible to persons meeting her on the road, and
to her uncle on her return home, she might not have put down her bundle, and
taken off her shoes and bonnet, in order to take out and put on her half boots
instead of her bloody shoes ? And what is more probable than that she
should do eo 1 If that was the fact, when the exhaustion and fatigue she
had just gone through in her walk (twelve or thirteen miles) to Birmingham
and back the day before, her dancing at night, her want of sleep and rest
afterwards, the circumstances attending the connexion that had taken place
between her and Thornton, her loss of blood, and want of nourishment, for
none was on her stomach when her body was opened, what is more probable
then that in sleeping or turning to take out her half boots, in order to put them
on, on the top of a bank of a very sloping pit side, when the surface of the
water was so much as four yards below the pit bank, she should by an inad-
vertent step backward, or otherwise, slip in, or should turn faint and giddy
and so tumble in."
The evidence is followed by other pleadings in defence of the prisoner, and
various imputations are made against a virtuous girl, who had the highest
character from all who knew her. Mr. Holroyd concludes that as she had
the menses before her return to Cox, she had been violated previously, though
the race in the field, and the traces of blood, proved directly the contrary ; for
the traces of blood from the place of violation to the pit could have arisen only
while she was carried from one place to the other, and if she had tumbled
thus into the pit, or been violated on that spot before her return to Cox, the
blood would not have been traceable from the spot to the pit ; where even a
mark of Thornton's footstep was discovered ! That Thornton was the violator
too is evident from his own admission, from his wicked previous threat, and
from his bloody linen. No hypothesis of his innocency is therefore tenable,
except some other person violated the girl in the clover field after Thorn-
ton, a supposition never insisted on. At the same time, a judge cannot be too
^,
106 CASTAIAG,
much commended who hesitates to admit circumstantial evidence; but in this
case the circumstances corroborated one anollier tliroughout; and it would
have been more candid to admit an error on the side of humanity to an accused
party, than to persist in a justification, and in the crimination of the suifering
parties. We think that justice was baffled in every stage of the proceedings ;
but, at the same time, we are far from being disposed to quarrel with an exer-
tion in favour of mercy in quarters where it is a rare virtue, especially as we
are fully jiersuaded that the best intentions always actuate the judge who
tries the cause.
According to the ancient law, the brother of Mary Ashford appealed Thorn-
ton for the murder of his sister, with a view to bring him to a second trial.
On this appeal Thornton was again taken into custody, and removed to Lon-
don, that he might personally appear in the King's Bench to answer the
process at the suit of Ashford's brother. But it appeared that by the same
ancient law Thornton was competent to re])el the apjjeal by a wager cf battle ;
and, in consequence, to the astonishment of the civilized world, Thornton
threw down his glove as a challenge to the appellant. The case was
solemnly argued for several days by the counsel of the parties before the
judges, who decided that the right of defence by this mode was coeval with
that of prosecution by appeal. As therefore young Ashford was a stripling,
and Thornton an athletic man, he declined the combat, and the appeal, in
consequence, not being allowed to be sustained, no second trial could be had.
The attorney-general afterwards brought in a bill to repeal the process by
appeal, in order to remove from our jurisprudence the scandal of such a de-
fence as that which was adopted in this case.
CASTALXG, THE PHYSICIAN,
FOR MURDER, AT PARIS, NOVEMBER 11-17, 1823.
This trial commenced on Monday, the Uth of November. At a quarter
past ten o'clock, Castaing, the prisoner, was brought into court. He was a
young man of a fair complexion, and an interesting figure, with a mild and
gentle voice, and of peculiarly calm and decorous manners. The bar, upon
which the articles necessary to the conviction of the prisoner are placed, did
not, upon this occasion, present any blood-stained garments, or any spoils
taken from the person of the murdered victim : but a range of decanters,
bottles, and phials, containing either the j)oisons found in the house of the
accused, or the analyzed results of them ; together with two chests tied and
sealed up, in which were contained other substances designed as tests for
them.
The indictment charged him with three crimes : — 1st, with having adminis-
tered poison to his young friend, Hippolyte Ballet, about the end of October,
1822; 2dly, with having, in conjunction with the surviving brother, Augusts
Ballet, destroyed the will of the deceased, to convert his property to their
joint use; and 3dly, with having, in the end of May, 1823, made his accom-
plice his victim, after he had secured the spoil, by having induced Auguste
to bequeath it to him by testamentary instruments. The poison said to be
employed in both cases was of a vegetable kind, called acetate of morphine ;
and it was alleged to have been administered, in the last case, in a tavern in
St. Cloud, where Ballet and Castaing had gone to pass a few days as bosom
friends.
Castaing was then examined by the president, and in answer to questions
put to him, asserted, that he had never written a single prescription for M.
FOR MURDER. 107
Hippolyte Ballet during his illness; that he had never prevented any of his
relations from coming to see him ; but that, on the contrary, he had given
Madame Martignon an opportunity of seeing her brother, contrary to his
express wish and desire. He admitted that he was well acquainted with the
effects of vegetable poisons, and that he had bought a considerable quantity
of the acetate de morphine about the time of M. Hippolyte's death ; and in
opposition to his first declarations, attributed the rapidity of that gentleman's
death to the bad state of his lungs. He denied that Hippolyte had ever
made a will, but admitted that he had drawn up the projd of one upon a
loose piece of paper, in which he left the greater part of his property to his
uterine sister, and little or nothing to his brother ; and that, in consequence
of a conversation which passed between himself and Hippolyte, that projet
was destroyed, and Hippolyte became reconciled to his brother about a month
before his death. He denied that he had ever paid, or said that he had paid,
100,000 francs to Lebret to obtain from him the duplicate of the will placed
in his hands ; and asserted that Mademoiselle Percillie, in saying that he had
made such a declaration, was influenced by the hatred which she felt against
him for his endeavours to wean Auguste from her society. He allowed, that
he went on the 8th of October, with Auguste and Prignon, to the bank of
France, but protested that Auguste had never shown to him any notes, or
bundles of notes, which he had then received. He acknowledged, that he
had been frequently dunned for a debt of GOO francs ; but the reason of that
was, that he had accepted it for a friend, and that he thought it hard that he
should be compelled to pay it. He admitted, that he had received a gift of
100,000 francs from M. Ballet ; but that was partly in payment of a perpetual
rent-charge of 4500 francs, which M. Hippolyte had left him by will.
On the morning of the 31st of May, he proposed a walk to Auguste; but
Auguste said, "No, we walked enough yesterday; my feet are very much
swollen, and I shall not be able to put on my boots." Finding that to be the
case, he got up himself at four o'clock in the morning, and walked to Paris,
for the purpose of procuring poison to destroy the animals which had
disturbed them during the night, and to use in experiments.
Being asked why he purchased the poison of two different druggists, he
replied that his original intention had been to go to his own house for it, but
that he had altered his mind in consequence of recollecting that his brother,
whom he had not seen for seven years, was there, and would prevent him
from returning to Auguste at St. Cloud. On that account he purchased the
acetate de morphine of M. Chevalier. At first he did not think that he should
want the emetic, but afterwards, recollecting that it might be necessary, he
purchased it of a druggist, whose shop was in his road to St. Cloud. He
reached St. Cloud between seven and eight o'clock in the morning; and on
his arrival there, asked, by desire of Auguste, for a jug of new milk, warm
from the cow. On getting it, Auguste poured out the milk, and drank it; as
also he did. Auguste, within three-quarters of an hour after drinking the
milk, was seized with violent vomitings, and frequent evacuations of bile and
black substances ; by the prisoner's order, a servant took away the pot into
which these evacuations had been made. The prisoner next admitted, that
he then left the room ; and being asked why he did so, he said it was to
fling into the privy the acetate de morphine and the emetic, which he had
purchased at Paris, and which he had mixed together in a phial. About
eleven o'clock, the doctor, Pigache, first arrived, and prescribed a cooling
draught for the patient, who only took it twice. About one o'clock the doctor
came again, and prescribed a different draught, which was made up at a
druggist's at Boulogne. Castaing admitted, that he gave Auguste several
spoonsful of this draught. Being told that a witness, who had seen him
administer a spoonful of this draught, declared that, within five minutes
afterwards, the most alarming symptoms appeared in Auguste, accompanied
by strong convulsions, he replied, that those symptoms did not appear till
^'
108 CASTAING,
nine o'clock, when Auguste had taken several spoonsful, and that Auguste
did not lose his knowledge of what was passing around him till ten o'clock,
a point on which the president informed him he was directly contradicted by
other witnesses.
The prisoner further stated, that, at eleven o'clock, M. Pigache bled
Auguste, and ordered him to apply leeches ; that he accordingly did so; that
M. Pigache advised a second bleeding, but expressed his fear least the
patient should expire in the midst of it ; that he did not object to it, but only
said that it was a matter of great delicacy. Being asked his opinion as to the
causes of the rapid progress of Auguste's disease, he replied that he was
ignorant of them ; that, as to the nature of the disease, it appeared to him at
first to be cholera morbus ,- and afterwards to be a congestion on the brain,
occasioned by an inilammation of the intestines. He acknowledged writing a
letter to Malassis, informing him that he sent him two keys, and recommending
him not to say that he had received then from him (Castaing), and to conceal
their relationship with each other. Being asked why he had denied the
writing of such a letter on a former examination, he answered, that he had
done so to conceal a circumstance which might appear to cast suspicion upon
his conduct. He denied all knowledge of the kej's which he had sent to
Malassis, and of the contents of the boxes, the locks of which they opened.
]\I. INIartignon, the brother-in-law of Hippolyte and Auguste Ballet, said,
that in consequence of the improvement which appeared visible in Hijipo-
lyte's health at the conclusion of the month of September, 16-3-2, he was con-
siderably surprised at hearing, on Thursday, the 1st of October, of his being
in the very agonies of death. After recounting the excuses to which Cas-
taing resorted to prevent his wife from having access to her brother during
this illness, he informed the court, that on the evening of Hippolyte's death,
he had, with the consent of Castaing, called in another physician, M. Sega-
las ; that, after Hippolyte's death, that physician advised that his body should
be opened, not from any suspicion of his having been poisoned, but under
the idea that the complaint of which he died was a family complaint, and
that the knowledge so acquired of its nature might be of use to his surviving
relatives ; that he informed Auguste Ballet and Castaing of this proposal ;
that they agreed to it; that the body was subsequently opened by Castaing
and M. Segalas ; and that the appearance of the head and stomach were
precisely similar to those afterwards observed in the head and stomach of
Auguste. He also stated, that when Hippolyte's desk and drawers were
opened, not a paper of any description was found in them, though it was
known that he kept receipts of all his expenditure — nor any money, though
Hippolyte had told him, only the day before his illness, that he had 6000
francs by him to pay his carpet-maker's bill. He affirmed that he knew no-
thing of any will being in existence.
M. Marlignon then declared, that, on the day of Auguste's death, being
informed that Auguste lay dangerously ill at St. Cloud, he immediately set
off for that place, but did not arrive there until after Auguste's death. The
physicians, Segalas and Pelletan, there informed him, that the circumstances
of his brother-in-law's death were so extraordinary, that they required judi-
cial investigation ; and, in consequence, he consented that they should jointly
draw up ?l proces verbal. Whilst this was doing, Castaing came into the
room, and being informed of their proceedings, expressed his warm appro-
bation of them, stating, at the same time, that it was his opinion that Auguste
had died of a congestion on the brain, occasioned by some pecuniary losses,
and also by his grief for having deserted Mademoiselle Percillie, of whom
he was strongly enamoured. On retiring with Castaing, he asked him
whether his brother-in-law had said any thing to him regarding the disposi-
tion of his property. Castaing replied, that he had given him two keys to
send to a man called Malassis. He desired Castaing not to send them to
that person without giving him previous information, and Castaing said that
FOR MURDER. IO9
he would not. He then described the proceedings which took place at St.
Cloud, before the Jugt de paix, from their first institution, down to the time
that Castaing was taken into custody. When he first saw Castaing after
that event, Castaing told him that he had no knowledge of Auguste's having
left any will ; but that afterwards, when the body had been dissected, and
when the Frocureiir du Boi, at his request, had asked Castaing for Auguste's
keys, Castaing said, in giving them up, " If it is to look for the will you
want them, it is unnecessary, for that is in the hands of M. Malassis." In
consequence, he waited upon M. Malassis, who confirmed what Castaing had
said, and promised to deposit the will in the hands of the proper authorities.
Malassis deposited it in the hands of M. Sene, from whom he (Martignon)
first learned that Auguste had appointed Castaing his universal legatee.
M. Lherminier and M. Segalas, two medical gentlemen, agreed in saying,
that in 1821, Hippolyte appeared to them to be in the second stage of a pul-
monary tuberculous consumption, under which he might have lingered for a
considerable time. On the 2d of October, that disease appeared to be in-
creased by an inflammation in the chest. On opening his body after death,
that was actually found to be the case. The same appearances would have
been found, had Hippolyte died of any vegetable poison. They agreed that
certain vegetable poisons, even when administered in sufficient quantities to
produce death, might not leave any traces behind them, either in the stomach
or in any other part of the body. M. Segalas, who had been a member of a
commission which had unanimously declared that eight grains of the acetate
de morphine would produce death, though no trial of it had been made on the
human frame, added, that, after many experiments which he had since made,
he had discovered that fourteen grains of that substance, when given to ani-
mals, had not killed them.
Dr. Michel, the usual medical attendant on Hippolyte Ballet, was called
in by that gentleman on the 10th of April, 1822, and found him labouring
under a tuberculous consumption. That complaint was, however, making
such slow progress, that Hippolyte might have lived for many years. He
was greatly surprised on hearing, within four months afterwards, that Hip-
polyte was dead. Being told to notice the appearances which were observed
on the opening of Hippolyte's body, and to give his opinion upon them as
to the cause of Hippolyte's death, he deposed that the congestion on the
brain might have arisen from natural causes, but that some of the alterations
observed in his system might have resulted from his having imbibed a nar-
cotic poison like the acetate de morphine. These effects, however, sometimes
depended on the particular organization of individuals.
M. Billoin, a druggist, deposed, that in January, 1823, the prisoner had
purchased of him at several different times a considerable quantity of the
acetate de morphine. He told the witness that he wanted it for experiments
on animals.
M. Caylas, another druggist, deposed that the prisoner had upon two occa-
sions purchased of him acetate de morphine. The first time was in May, 1823,
and the second on the 18th of September, in the same year; he then asked for
ten grains. The witness, before he left the court, remarked, that the indict-
ment stated that the prisoner had taken steps to obtain from several druggists
declarations in his favour ; now he begged leave to say, that nobody had
made application to him on behalf of the prisoner.
Mademoiselle Percillie was the next witness called. She described her-
self as an actress (artiste dramatique) residing in Rue d'Amboise, and stated
herself to be 27 years of age. She declared that, to her knowledge, Castaing
had caused the destruction of a will before the death of Hippolyte Ballet, or,
at least, after his death. She learned from Auguste, that Castaing had
induced him to destroy the will of his brother, which had been made in favour
of his brother-in-law, Martignon and his wife, and which had been deposited
in the hands of Lebret. To effect the destruction of this will, he advised
K
no CASTAING.
Aug-uste to sacrifice 100,000 francs, informing him tliat his hrother-in-law
had offered 80,000 francs to have it made valid. On the 8th of October, they
went to the hank together. Auguste then told her, that he was surprised at
the conduct of Castaing, for Castaing had informed liim that Lebret would
not settle the business of the will with any other person but himself. She
herself thought this conduct very strange, and advised Auguste to place no
confidence in Castaing. She had heard Castaing admit the existence of a
Avill, on five or six different occasions, at her own house ; and on the day that
Auguste and he went to the bank, Auguste showed her a red seal, and said
that it was the seal of his brother's will, and that he had paid 100,000 francs
for it.
M. Orfila, professor of toxicology in the faculty of medicine, read over the
proces verbal of the dissection of the body of Auguste Ballet. He then deposed,
that from inspection of that paper, he could not declare whether the death
of Auguste had been produced by natural causes or vegetable poisons. In
answer to repeated questions by the president, he replied, " It is impossible
for me, under all these circumstances, to say, whether there has or has
not been an attempt to poison. The corpus delicti is wanting, because the
matter vomited by Auguste is not forthcoming. If that matter had been sub-
mitted to me, as well as the liquid contained in the stomach, I could have
given in evidence the most satisfactory of proofs. I am certain that by means
of an exact analysis, I could easily discover, in a pint of liquid, a single half
grain of the "acetate de morphine.'''' The witness then proceeded to explain the
measures by which he was enabled to arrive at such a fact, " Two or three
years ago," he said, " it was a common error to suppose, that certain vege-
table poisons left no tiace exclusive of any other symptom of disease — that
was even an axiom of legal medicine. At present, chemistry has made great
progress, and it is almost as easy to discover the vestiges of vegetable as of
mineral poisons."
M. Vanquelin, a celebrated chemist, spoke almost to the same effect. He
had analyzed the remainder of the cooling draught prescribed by M. Pigache,
ajid had not found in it any poisonous substance.
The medical men, who had dissected the body at St. Cloud, were then ex-
amined, and gave similar testimony to that which they had given in the
proces verhal.
The case on the part of the prosecution here closed (Nov. 14).
The first witness called on the part-of the defence was M. Chaussieur, a
physician of 80 years of age. He stated that he had known several instances
of death under circumstances as extraordinary as those of Auguste Ballet, in
which not the slightest ground for supposing the deceased were poisoned was
detected on opening their bodies. The witness then stated, that if the red
spots observed in the stomach of Auguste had been produced by poison, they
would have been spread over it generally ; instead of which they were merely
local.
M. Barruel and M. Magendie, two members of the Institute, deposed to the
same effect as the last witness.
On the 17th, at half-past eleven at night, the jury acquitted Castaing of the
charge of poisoning Hippolyte Ballet, but found him guilty of destroying the
will, and also of poisoning Auguste Ballet, by a simple majority of seven
against five.
At midnight he was sentenced to death, and to 100,000 francs damages, and
costs towards the civil party in the proceedings.
He died protesting his innocence.
\4r
JOHN DONELLAN, ESQ. m
JOHN DONELLAN, ESQ.
FOR THE MURDER OF SIR THEODOSIUS EDWARD ALLESLY BOUGHTON, AT THE AS-
SIZES AT WARWICK, ON FRIDAY, MARCH 30, 1781, BEFORE THE HON. SIR
FRANCIS BULLER. TAKEN IN SHORT-HAND BY JOSEPH GURNEY, LONDON, 1781.
The indictment (charging the poisoning to be by arsenic) was found by the
grand inquest a " true bill." The prisoner upon his arraignment pleaded
not guilty; whereupon a petit jury were sworn and charged.with the pri-
soner.
COUNSEL FOR THE CROWN,
Mr. Howorth,
Mr. Wheeler,
■ . Mr. Balguy,
. . Mr. Geast,
Mr. Digby.
SOLICITOR,
Mr. Caldicot.
The indictment was shortly opened by Mr. Digby.
Mr. Howorth: — Gentlemen of the jury, the crime imputed to the prisoner
at the bar is that of wilful murder, effected by means the most detested and.
abhorred. Such an accusation naturally excites the indignation of honest minds
against the criminal. I shall not endeavour to increase it; it is your duty to
resist it, for the nature of the present inquiry calls for your sober and dis-
passionate attention. The offence is easy of perpetration, but difficult of
detection. The murderer by poison is not pointed out to justice by the bloody
marks of his guilt, or the fatal instrument of his crime ; his horrid purpose
is planned in secret, is executed without his presence ; his guilt can only be
traced by circumstances ; but circumstances sometimes do, and in this case,
1 trust, will as plainly reveal the guilty hand as if a hundred witnesses
testified the actual commission of the crime.
It is my duty to state to you those circumstances, and I shall add to them
such observations as in my judgment the nature of the case fairly affords,
which I shall do the more readily, as I address you subject to the correction
of a discerning judge, who will permit nothing to be placed in the scale of
justice but what ought to be there weighed.
Sir Theodosius Boughton was a young man of an ancient and respectable
family in this county ; had he attained to the age of twenty-one, he would
have had in his own power, and at his own disposal, the whole of an opulent
fortune : in the event of his dying before that time, by much the greatest
part of that fortune descended to his sister, who was the wife of the prisoner.
Mr. Donellan, and he in her right, would have been entitled to a life-estate
in this considerable fortune, the attaining of which, beyond a doubt, induced
the prisoner to plan and execute the abominable crime for which he now
stands charged. But in as much as the taking of a young man at his time
of life, possessed of a good constitution, affected by no indisposition that
could at all endanger his life, must necessarily be attended with suspicion,
it was found convenient to prepare the minds of those who were his neigh-
bours, of those who were connected with him, for that event which the pri-
soner had already determined on. You will learn therefore from the witnesses,
that for a short time betbre the death of sir Theodosius, the prisoner had
taken many opportunities of expressing the very bad state of health he la-
boured under, of expressing his opinion that it was impossible for him to
live, and that his life was not worth one year's purchase. These represen-
tations, you will find, were grossly false ; and the only reason for his making
use of them was, what I have before suggested, in order to prepare the minds
.»
FOR THE PRISONER,
-Mr. Nevi'nham,
xMr. Green, » ^
Mr. Dayrell. ^ '
SOLICITOR,
Mr. Inge.
112 JOHN DONELLAN, ESQ.
of people for that event which he knew shortly was to take place. Sir
Theodosius, intending to pay a visit to a young gentleman of the name of
Fonnereau, a friend of his, living in Northamptonshire, and proposing to stay
with him till he came of age, called for the immediate execution of the pri-
soner's plan ; and sir Theodosius being attended by a IMr. Powell, an apothe-
cary, who visited him for a slight venereal disorder he had contracted, and
who, in the course of that cure, was giving him some cooling medicines,
furnished an opportunity for its completion. You will learn that on Tuesday
evening, the 29th of August, Mr. Powell made up a draught, and sent it by a
servant of sir Theodosius Boughton, for the purpose of its being taken on the
next morning, the Wednesday. It was perfectly well known to the prisoner
that sir Theodosius was to take physic on that day : you will learn from Mr.
Powell, that the physic was in itself as harmless a draught as could be ad-
ministered. The medicine was brought to Lawford Hall early in the evening
of Tuesday, the 29th. About five o'clock that evening, sir Theodosius, taking
with him most of the men servants, went to the river for the purpose of
taking the diversion of fishing. Lady Boughton and Mrs. Donellan were
walking for some hours in the garden ; where the prisoner was during that
time I believe cannot be explained to you, but he joined them in the garden
about seven o'clock in the evening; and in the course of his conversation,
told them that he had been with sir Theodosius a-fishing; that he was
solicitous for his return home ; and that he was apprehensive, by his staying
so late by the river, he would take cold. You will find that this account was
not true; he had not been with sir Theodosius any part of that evening
a-fishing. What motive or what inducement could he have to tell them this
falsehood, you will decide upon, if you are able : it seems, however, neces-
sary, in the mind and apprehension of the prisoner, that he should account
for his absence that evening, though he does so at the expense of truth.
When sir Theodosius returned in the afternoon from fishing, he was then in
perfect health and good spirits ; he gave some direction concerning family
matters, ate his supper, and went to bed apparently in good health. In the
morning, it will be proved to you by a servant, who called him at an early
hour, that he appeared in perfect good health, that he leaped out of bed
for the purpose of getting something out of his closet which the servant
wanted, and that in his apprehension he had never seen him better. About
seven o'clock in the morning lady Boughton got up ; she went into the room
of sir Theodosius; and as he had before desired her to give him his medicine
when she was able to do it, she went for the purpose of inquiring of him
whether he had taken his physic, or whether he chose she should give it to
him. He desired her to reach down the draught which was standing upon
the shelf in his bed-room. It is a very singular circumstance that those
draughts, which formerly had been locked up by sir Theodosius in his closet,
afterwards came to be placed open upon the shelf in his bed-room ; and the
manner in which it will be accounted for is this : he once complained that
he had neglected taking his physic at the time appointed for him ; upon which
the prisoner said, " You should not lock the physic up ; if you leave it upon a
shelf in your bed-room, it is not possible you can then mistake ; it will be
before your eyes; you will be sure to take it when you want it." Lady
Boughton reached the draught off the shelf, poured it into a cup, for the
purpose of sir Theodosius' taking it ; he had not swallowed above half of it,
when he complained that it was so nauseous to the taste, and disagreeable to
the smell, that he did not apprehend he should be able to keep it upon his
stomach. This observation led lady Boughton to smell to the draught ; the
smell of it was extremely particular, and she will describe it to you that it
gave her the idea of the taste of bitter almonds. She, however, gave him the
cup again, and he swallowed the whole of the draught ; he desired her to
furnish him with a bit of cheese to chew, for the purpose of taking away the
disagreeable taste. She then gave him a little water; he washed his mouth,
FOR POISONING. 113
spit it out, and lay down, in order to compose himself. In a very few mi-
nutes after he had swallowed this draught, he appeared to be in a considera-
ble degree of agony ; his stomach heaved violently ; his eyes seemed much
affected : those emotions lady Boughton at that time conceived to be his efforts
to resist the bringing up the medicine, he having stated his apprehensions
that, from the disagreeable taste of it, it would be impossible for him to keep
it upon his stomach. She took no further notice of him at that time, but in
a very few minutes he became more composed. Lady Boughton then quitted
the room, conceiving he was going to sleep ; she returned again in about tea
minutes afterwards, when, to her inexpressible astonishment, she found this
young man in the agonies of death ; his eyes fixed, his teeth clenched, his
stomach heaving with some violence, and a considerable deal of foam issuing
from his mouth. He died in about half an hour afterwards, in the manner
that will be described to you by lady Boughton and another witness. Here
perhaps it may be inquired, what could bfe this poison, so fatal in its effects,
so instantaneous in its operation ] It is hardly material in the present case
what the poison was, if you are satisfied in your own mind that he was, in
fact, poisoned; and that he was, no man, exercising his sober judgment upon
the occasion, can possibly entertain a doubt. A young man, somewhat better
than twenty years of age, having a good constitution, labouring under no
disorder that could in the smallest degree endanger life, taking a draught ;
the swallowing of that draught followed with the immediate symptoms that
I have now described to you ; I say, no man who hears these circumstances
related, can for a moment doubt but that poison produced these effects. But
the experiments, made by learned and intelligent men in their profession, will
satisfy you, if you want satisfaction upon that head, that this poison certainly
was laurel water. I shall forbear to give the reasons of their judgment, be-
cause you will hear them better from their mouths. But this is a fact, which
you will learn correctly from lady Boughton, that whatever the draught was
which she administered, mogt certainly it was not the draught sent by the
apothecary ; for the smell of the draught which she administered was totally
different from that sent by the apothecary : that fact, therefore, will be clear,
and out of all controversy; that, whatever it was, it was not that thing sent
by the apothecary. Gentlemen, there is a circumstance, and a very impor-
tant one indeed in this trial, which goes to establish a strong probability that
the poison used was a distillation of laurel water.
The prisoner at the bar was skilled in distillation ; he was possessed of a
still. I shall prove that he worked this still. I shall show, that within a
month before the death of this young man, he was frequently in private,
locked up in his own room using a still. I shall show that this still was
afterwards produced by him, about a fortnight after the death of this young
man, filled with lime. Now I will tell you what I conceive, and what you
will be inclined to conjecture, was the reason of filling it with lime. If this
still had been used for the purpose of distilling laurel water, it would have
furnished evident traces of what the prisoner had been about ; the smell
would have remained ; that would have led to a discovery of his practice.
In order to remove that smell, lime was placed in the still, and which, as it
will be explained to you, was of all others the properest thing to make use
of in order to take away tiie smell. The still thus filled was produced to one
of the servants, to be put into the oven to be dried, and afterwards to he
cleaned. In order to account for its being filled with lime, the prisoner makes
use of this singular excuse : says he, I have put the lime in it, and placed it
under my bed for the purpose of killing fleas; an excuse more ridiculous or
more improbable, it is not easy to suggest ; yet when he gave this still to the
servant, he conceived it to be necessary to make some excuse — some apology
for its appearance. Lady Boughton, when she returned again into the room
of her son, struck with surprise and astonishment at the situation in which
he lay, immediately despatched a servant for Mr. Powell, the apothecary,
e2 15
114 JOHN DONELLAN, ESQ.
and for captain Donellan. Mr. Donellan arrived first. And here let me beg
your attention to his conduct and behaviour upon coming- into the room.
The moment he entered, lady Boughton, who imputed the death of her son
to the draught that he had swallowed, immediately observed to Mr. Donel-
lan, " Good God ! what medicine can JMr. Powell have sent ] 1 am satisfied it
would have killed a dog if he had swallowed it." To that the prisoner an-
swered, " Why the devil did Mr. Powell send such a medicine ] w here is the
bottle]" She pointed to it, as it was standing upon the shelf; the prisoner
took the bottle down ; he immediately poured water into the bottle, he shook
it, he rinsed it, he then threw the contents of it into a basin of dirty water
standing in the room. Lady Boughton, at this conduct, remonstrated against
it; said, " What are you doing? let every thing remain just in the situation in
which it is till Mr. Powell, the apothecary, arrives. For God's sake, don't
touch the bottle !" The prisoner, notwithstanding that remonstrance, fearing
lest by accident he might have taken up the wrong bottle, reaches down
another from the shelf, pours water also into the second bottle (for you will
observe there never were but two draughts of this sort sent by Mr. Powell) ;
fearing therefore he might have mistaken the bottle, as both had labels upon
them, he takes the second bottle, pours water into that, rinses it well, throws
the contents of that also into the basin of dirty water. How is this to be
accounted for] What ingenuity can glohs over this transaction"? How can
it be reconciled to any idea of innocence 1 But that is not all ; a maid ser-
vant came up, but that servant is since dead ; we, therefore, have lost the
benefit of her evidence in this prosecution, though in some measure it will
be supplied. Whilst the young man was lying in the agonies of death, the
prisoner insisted upon this girl taking down the bottles, taking away the
dirty things, and cleansing the room. To this lady Boughton objected; she
begged every thing might be suffered to continue just in the same state in
which it was, till Mr. Powell, the apothecary, came. Mr. Donellan was
warm upon the occasion ; he insisted upon it; he pressed the woman to take
them down — he prevailed ; the room was cleared, the bottles were removed,
and every circumstance which could have led to suspicion was taken away
before this man arrived. Gentlemen, when Mr. Powell comes, observe what
was the prisoner's conduct. When the apothecary was shown into the room,
instead of the prisoner inquiring what medicine he had sent — instead of his
making any observation upon the eflect of it — not a word is said, not an ex-
pression is made use of, that the draught could, by the most distant proba-
bility, have occasioned the horrid situation in which the young man was then
lying; but the prisoner, on the contrary, took great pains to explain to Mr.
Powell, that sir Theodosius had taken cold, that he had been out late the
night before a-fishing, and that cold occasioned his death. Mr. Powell is
suffered by the prisoner to depart from the house without having a question
put to him about the medicine ; without having the bottle shown him ; with-
out having any means used of explaining or clearing up his own conduct,
relative to the medicine which had produced those fatal eflfects : this is a
circumstance, that if there was no other in this case, in my apprehension,
ought alone to decide the fate of the prisoner. But, gentlemen, after Mr.
Powell was gone, it occurred naturally enough to the mind of the prisoner
that suspicions would arise in the family ; those suspicions it behooved him
either to prevent or get rid of You will find that he is industriously going
among the servants, even before this young man had expired, accounting to
them for his death, representing it variously; to one, that he had taken cold,
and that the poor foolish fellow, as he called him, had stayed out very impru-
dently the night before, and had wet his feet; to another he represents that
he had died of the venereal disorder ; going through the family, taking pains
to account for the sudden death of this unfortunate young man. Now, it is
remarkable that he should undertake to state that sir Theodosius had wet
his feet the night before a-fishing, and that had occasioned a cold ; how
FOR POISONING. 115
could he know that he had wet his feet 1 Had he been fishing with him ?
Could he possibly know the circumstance'? But I will prove to you that it
was false ; in fact, lady Boug-hton had prudence enough to examine the stock-
ings, which he had worn the preceding evening, and there was not an ap-
pearance that they ever had been wetted. It will be proved to you by the
servants who attended him, that he continued almost all the time he was out
on horseback, that he was cautious of coming near the water, and they are
confident his feet never were wet at all. It was necessary for the prisoner
also to give some account of his death to the guardian, sir William Wheeler :
he wrote to him a letter which I shall read to you. The letter is addressed
to sir William Wheeler, written on the morning of the death of sir Theo-
dosius. (For the letter see the examination of sir W. W^heeler, post.)
Now, in this letter, not a word is said of the suddenness of his death, nor
of the manner of it, nor of a suspicion that it had been occasioned by the
medicine he had swallowed ; but the whole of the letter is calculated to im-
press sir William with the idea that the death was a natural one, and the
result of a long illness, for which he had been attended properly, and had
received medical assistance. The letter indeed did produce the effect it was
intended to produce on sir William's mind ; for no inquiry was made, no
person of the faculty was called in. The body of this young man was kept
secreted from all eyes, but those of the family, till the Saturday following the
death, when he was actually soldered up in his coflin. Suspicions, however,
had gone abroad ; people were struck with the manner of this young man's
death ; they were greatly alarmed ; and those suspicions were so strong, that
they at last reached the ears of the guardian, sir William Wheeler. On
the Monday, sir William Wheeler communicates these suspicions to the
prisoner ; and here it will be very material for you to attend to sir William
Wheeler's letter tiihim, and to advert to his conduct upon that occasion. On
Monday, the fourth of September, sir William Wheeler writes a letter ad-
dressed to Mr. Donellan, stating to him, in express terms, that he had received
information that sir Theodosius Boughton must have died by poison ; calling
upon him, in order to satisfy the family, in order to relieve the public from
the suspicions they entertained, to have the body opened ; and in his letter
he expressly insists upon its being done : he names the persons he wished
to have called in upon the occasion, a Dr. Rattray, a Mr. Wilmer, and a Mr.
Snow. This letter was received by the prisoner on the INIonday. On the
Monday, in consequence of that requisition — for he could not have done other-
wise ; he dared not to have resisted the request of sir William Wheeler to
send for these persons ; they were accordingly sent for — the prisoner sends a
note back to sir William Wheeler, stating the approbation of himself and
of the family that the body should be opened. In answer to that, a second
letter is sent from sir William Wheeler, saying that he is perfectly satisfied
to find that the family are in that disposition ; that he himself cannot come
over to Lawford Hall ; that it would be of no use, in truth, if he did come
over; that the medical gentlemen were the most proper to apply to, and to
act upon the occasion. Dr. Rattray and Mr. Wilmer came to Lawford Hall
about eight o'clock on the Monday evening, the 4th of September; they were
met by the prisoner, who took them into a parlour. He there inquired of Dr.
Rattray, whether he had heard from sir William Wheeler. Dr. Rattray said
he had not. " Why," said the prisoner, " I have received a letter from sir Wil-
liam Wheeler, which is very polite and very friendly ; I will show it to you."
Upon that he searched as if it were in his pocket, but produces the cover of
the letter only, and not the letter itself. Shortly afterwards, however, he did
produce, not the first letter written by sir William Wheeler; not that letter
in which he stated the information he had received, that this young man had
been poisoned; not that letter in which he pressed and insisted on the body
being opened ; but he produces the second letter, containing no directions ;
containing nothing more than an expression of his satisfaction that the family
116 JOHN DONELLAN, ESQ.
were disposed to have the body opened. The perusal of which, you will
necessarily perceive, could give no idea at all to Dr. Rattray and to Mr. Wil-
mer of the occasion of their being sent for. Gentlemen, in point of fact, it
was never communicated to them by the prisoner. Instead of desiring them,
instead of urging them to open the body, instead of stating that it was in
order to satisfy the suspicions of the public, in order to investigate what was
the cause of the death, not a word of such intent was mentioned ; they asked
him only why they were sent for to open the body. His answer was, " It is for
the satisfaction of us all." They are shown into a room. The body appeared
at that time to be in such a state of putrefaction, that not being called upon
to act, the prisoner not having explained to ihem the reason why they should
act, they declined doing any thina', because the body a])peared to them at that
time to be in such a state that it would be attended with some degree of
personal danger to themselves, if they attempted to open it. They are dis-
missed the house ; they are sent away without the prisoner ever once asking
an opinion of them, without ever calling upon them for their judgment, to
say, even from the appearance of the body, what had occasioned the death :
not a word is said to them, not an inquiry made. They are suffered to depart,
leaving Mr. Donellan and the family just in the state in which they found
them. Gentlemen, this is not all ; on the next morning, a young man, a Mr.
BucknilJ, a stirgeon, came to Lawtord Hall. He had heard of the suspi-
cions entertained ; he had learned that the gentlemen of the faculty, who
had been at Lawford Hall the evening preceding, had declined opening the
body. He came to the prisoner. Donellan, stating the purpose of his coming;
saying he was ready at all hazards to open the body, in order to give satisfac-
tion to the public. ■ The prisoner wotild not permit him to do it; the prisoner
assigns, as a reason for his refusal, that he had not been ordered by sir Wil-
liam Wheeler to send for him ; that the persons sent for by sir W"illiam had
declined opening the body ; that it would be unfair and improper in him to
permit anybody else to attempt it after they had declined it; and with rea-
sons and excuses of this sort, this young man Avas permitted on the morning
to depart from the house, ready as he was to open the body, and to give every
satisfaction that inspection could have afforded. After that the prisoner writes
an answer to sir William Wheeler's first letter; this letter is dated the 5th of
September, 1780. (For the whole of this letter see the examination of sir
W. Wheeler, post.)
Mind, gentlemen, the fallacy of this. What did he give \ did he give the
letter which conveyed the directions'? did he give the letter which called
upon the medical gentlemen to act] did he give the letter which contained
the suspicions of this j'oung man having been poisoned 1 You will learn
from the witnesses, that the letter which they saw was that second letter —
a complimentary answer to Mr. Donellan's note — containing no directions,
containing no instructions for them to act; and upon a perusal of which, they
were furnished with no ideas for their conduct. The letter then goes on :
" The four gentlemen proceeded accordingly, and I am happy to inform you
that they iully satisfied us." Good God ! in what does this satisfaction
consist ] What inquiry was made — what investigation of the death — what
opinion was asked after — what opinion was formed ? Not a single circum-
stance was ever mentioned — not a single inquiry ever made — not a single
opinion ever expressed to the prisoner; yet upon this he writes back to sir
William Wheeler, "that they have fully satisfied us." In my apprehension,
were there no other fact in this case than this single letter, it speaks as
strongly as a thousand witnesses present, and testifying to the actual com-
mission of the crime. I shall not read the latter part of the letter now,
because the whole of it will be read to you in evidence ; this part I use as
affording an observation which I conceive material for j'our consideration.
Mr. JVewnham. — I desire the whole of the letter may be read now.
3Ir. Hoivorth. — As the counsel for the prisoner desires the whole of the
FOR POISONING. 117
letter to be read now, I shall certainly do it. (See examination of sir W.
Wheeler, post.)
This is the whole of the letter; and the latter part of it is calculated still
to mislead sir William Wheeler, is calculated to allay his suspicions, and to
account for his death from other causes than poison. The letter certainly
produced in sir William Wheeler's mind the effect intended by it; for upon
the perusal of it, he was satisfied that the body had been opened ; and as he
was acquainted with the abilities and the integrity of the gentlemen applied
to upon that occasion, if they were satisfied, he himself was perfectly satis-
fied. You will judge, however, of his surprise on learning, three or four days
afterwards, that the body never in fact had been opened. He immediately
writes to Mr. Donellan, states to him his astonishment at the body not having
been opened ; desires immediately that Mr. Bucknill might be sent for, that
Mr. Snow might be sent for, and that at till events the body should be opened.
Mr. Bucknill is sent for. When Mr. Bucknill comes, as Mr. Snow had not
at that time arrived at Lawford Hall, he went to see a patient, and left word
he should be back in an hour. Mr. Snow within that hour comes ; Mr. Snow
is told that Mr. Wilmer had declined opening the body, because it was so much
in a state of putrefaction that he apprehended danger. Upon this informa-
tion, Mr. Snow is got out of the house ; and upon Mr. Bucknill's return, it is
stated to him that Mr. Snow had declined it, it being too hazardous for him;
and Mr. Bucknill is sent away also, without the body having been opened. "
This is a most extraordinary circumstance. What, after the letters received
from sir William Wheeler, after the suspicion is strongly pointed, after an
express requisition, yet the prisoner is found preventing, by a conduct the
most artful that can be imagined, the body's being opened ! On that day
the body was buried ; but before its interment, he writes a note to sir William
Wheeler, to satisfy him as to the reason why the body was not opened. This
letter is very material for your consideration ; in answer to sir William Wheel-
er's, this was the day upon which the body was buried, about one o'clock.
(For this letter see evidence of sir W. Wheeler, post.)
This, gentleman, is a specious show, indeed, of an inclination to postpone
the burial; till when? till Dr. Rattray and Mr. Wilmer are sent for] who,
if they are sent for, can give no information upon the subject; not an offer
made to Mr. Bucknill to be then permitted to open the body, nor an offer
made that anybody else should be called upon ; b\]t he offered to postpone
the burial of the corpse till he (sir William) had seen the persons he had
sent there, namely. Dr. Rattray and Mr. Wilmer, from whom he can by no
possibility receive information upon the subject. Between the hours of three
and four o'clock that evening, the body was buried ; but the circumstances of
its being interred without having been previously opened, wonderfully alarmed
the minds of all people ; and it was insisted upon, and laudably, by the gentle-
men in the neighbourhood, that the coroner should be called, that the body
should be taken up, and that should be done by course of law which the pri-
soner had taken so much pains to prevent. The body was accordingly taken
up and opened. What appearances the body afforded, you will hear from the
gentlemen who were present and opened it. I shall not forestall the account
which they will give you, because you will hear it with more propriety, and
with greater correctness, from their mouths ; it will be enough for me to say,
that the appearances the body afforded, confirmed them strongly in their
judgment and opinion that this young man had been poisoned. During the
course of this examination before the coroner, lady Boughton, the prisoner
Mr. Donellan, and I believe the whole family, were called upon as witnesses.
When lady Boughton was telling the whole circumstances of the case ; when
she came to that most remarkable instance of the prisoner's having washed
the bottles, in spite of every opposition that she could give to the measure ;
the prisoner was observed to lay hold of her by the sleeve, to endeavour to
check her from giving that fact in evidence. That circumstance struck the
118 JOHN DONELLAN, ESQ.
persons who observed it ; it is a circumstance that cannot be explained by any
possibility ; it cannot be imputed to folly ; no art can explain itawaJ^ Those
who are at all acquainted with the human mind, must feel it as speaking, most
forcibly, the efforts of a guilty man to screen from the public eye a
fact which he perceived must stamp his guilt upon every mind. That
circumstance will be proved to you by people of veracity ; nay, gentlemen,
it will be in proof to you, that after he returned to Lawford Hall with
lady Boughton, before the whole of the inquiry was over before the coroner
he chides her for meddling in it ; he checks her, says you are not to give the
whole account, you are only to answer such questions as are put to you, and
you must say nothing else. Say nothing else ! is there any thing to be con-
cealed ■? is it material for him that any thing should be concealed ? Yet this you
will have proved to be the conduct of the prisoner, both before the coroner and
upon his return to Lawford Hall. When the prisoner found that the idea of
this young man having been poisoned was so generally entertained, that there
was no probability of getting rid of that suspicion by the ridiculous pretence
of his having taken cold, or having died by any such means, captain Donellau
writes a letter addressed to the coroner and his jury. That letter was sent to
them on the last day of their sitting, which was the third day. This letter
is very material, and I shall read it to you. It is addressed by the prisoner to
the coroner and the gentlemen of the jury at Newbold. (For this letter see
the close of the evidence for the crown, post.)
The materiality of this letter is, that you will find the prisoner, when the
idea of sir Theodosius having been poisoned is so far circulated that it is
universally believed, that he then finds it necessary to account for the death
by poison ; and the whole scope of that letter is to induce the jury to believe
that this young man had inadvertently poisoned himself. Now, independent
of the strength of that observation, it will be in proof to you that the letter
is false in fact; for it is not true, that the family had not, for many months,
touched of any dish that sir Theodosius had eaten of: on the contrary, the ob-
servation was never made, and you will learn that the whole was clearly an
invention calculated to answer the purposes proposed by the prisoner in that
letter. The prisoner, however, was committed upon the coroner's warrant
to jail. Since his commitment, his conduct will afford very material matter
for your consideration. Since neither the pretence of this young man's having
taken cold, and died by that means ; since the invention of his having inad-
vertently poisoned himself had not been adopted by anybody ; it was found
necessary then for the prisoner to supjiose, and then for him to give out, that
this young man had been poisoned by somebody else; and I shall call to you
a witness, who has had frequent conversations with him in jail — and conversa-
tions very fairly to be given in evidence here ; because this man frequently cau-
tioned the prisoner not to mention before him circumstances which may make
against him, as probably he should be called to give evidence of them ; but so so-
licitous lias the prisoner been to account for this young man's death, that he has
frequently to this man pressed the conversation upon him, notwithstanding he
has been cautioned by the man respecting it. In one of the conversations, it
will be in proof to you that Darbyshire, which is the name of the man, said to
him, Why do you believe that sir Theodosius was in truth poisoned ] — Says
the prisoner, I make no doubt of it. — Why, who do you think could have poi-
soned him ? — Why, says he, it must lie among themselves. — Who do you
mean] — Why, says he, either sir Theodosius himself, lady Boughton, or
the apothecary, or the servants; it must be among them; some of them did it,
there is no doubt of it. — Why, says Darbyshire, the young man would hard-
ly poison himself? — Why, no. — 1 don't think that neither, says Darbyshire ;
it could not be the interest of the apothecary, he could get nothing by it, he
would lose a patient by it; and lady Boughton could get nothing by it, be-
sides it's being in itself the most unnatural conduct'? — Upon which the pri-
soner turned round, and said, I don't know which of them, but it is amongst
FOR POISONIiNG. 119
them. — This, then, affords decisive evidence that, in the prisoner's own
judgment, this young man had been poisoned by somebody. But I shall
add to that another very- strong piece of evidence, indeed, to prove the prisoner
is quite satisfied in his own mind that sir Theodosius was poisoned ; and that
is a letter which, since he has been in confinement, he wrote to Mrs. Donellan ;
and this letter I produce without feeling the least reluctance, because it will
be proved to you that the letter was sent unsealed, in order to be delivered to
Mrs. Donellan. The man who carried it went to the prisoner, told him, " Sir,
you have not sealed this letter — do you mean I should carry it open ]" — " Yes
I mean that you should, and I mean that it should be made public ;" upon that
the gentleman who carried it opened it, took a copy of it, which copy I shall
produce and read in evidence. This letter is dated Warwick, the 8th of De-
cember, 1780.
Mr. JVewnham. Till your lordship decides that a copy of a letter is evi-
dence, I submit to your lordship it ought not to be opened.
Court. It depends upon the manner in which they lay it before the court;
they must give the best evidence that the nature of the case admits ; now the
custody of Mrs. Donellan, in point of law, is the custody of the prisoner.
3Ir Howorth. " I am now informed that Mr. Harris' clerk is here ; and hope
that by this time you have removed under the friendly roof I last recom-
mended to you, and no longer remain where you are likely to undergo the
fate of those that have gone already by sudden means, which Providence will
bring to light by and by. In my first letter to you from Rugby, the 14th of
November last, I mentioned a removal ; I had my reasons, which will appear
in an honest light in March next, to the eternal confusion of an unnatural
being."
Now, gentlemen, by this letter you perceive that the prisoner is satisfied of
the fact that this young man had in truth been poisoned ; but for the purpose
of removing the suspicion from himself, now dares to lay a charge where sus-
picion has never fallen. The materiality of this letter, however, is only to
prove the conviction of the prisoner's mind that this young man had in truth
been poisoned : that he has been poisoned is a melancholy truth. Justice de-
mands the punishment of the murderer ; it remains only for your verdict to
determine the guilt, and to consign the criminal to his fate.
EVIDENCE FOR THE CROWN.
Mr. Thomas Powell sworn — Examined by Mr. Wheeler.
Q. Of what profession are you 1 A. An apothecary.
Q. Where do you live ■? A. At Rugby.
Q. Is that near to Lawford Hall, where sir Theodosius Boughton resided ?
A. It is within about three miles.
Q. Had you for any time before the death of sir Theodosius Boughton been
employed as his apothecary ■? A. Yes, for two months.
Q. When did sir Theodosius die ] A. On the 30th of August.
Q. In what state of health was he when first you attended him 1 A. He
had got a venereal complaint upon him.
Q. To what degree? A. Not very high, rather slight; a fresh com-
plaint.
Q. Did you give him any medicine for that complaint ■? A. I gave him
some cooling physic.
Q. How long might you continue that? A. For about three weeks.
Q. Did you then cease to give him physic ] A. Yes.
Q. For how long? A. More than a fortnight.
Q. How came you afterwards to repeat the medicines ? A. Because he
had a swelling in his groin.
Q. To what degree did that arise ? A. To a very small one ; it did not
rise above the skin.
rf.
120 JOHN DONELLAN, ESQ.
Q. Did you give him any more medicines ] A. Yes, four doses ; two of
manna and salts, the other two of rhubarb and jalap
Q. Was any thing else given to sir Theodosius Boughton 1 A. Nothing
else, but an embrocation to wash himself with.
Q. When did you send sir Theodosius the last draught 1 A. On a Tuesday,
the 29th of August.
Q. By whom did you send them 1 A. Samuel Frost.
Q. How long before you sent sir Theodosius this last draught had you
seen him ] A. On the Tuesday afternoon, the same day I sent the last, I
saw him.
Q. In what state of health did he then appear ] A. In great spirits and
good health.
Q. How long before that had you seen him 1 A. The Sunday or the
Saturday before.
Q. In what state of health did he then appear 1 A. A very good state of
health.
Q. Did you ask him how the first of these draughts agreed with himl A.
He told me that which he took on the Saturday made him sick.
Q. You say you saw him on Sunday or Saturday, and he appeared to you
in good health, and likewise saw him again on the Tuesday 1 A. Yes.
Q. You before told us you sent this last draught by Frost ; have you one
of the same kind about you? A. I have (produces a draught in a two ounce
phial).
Q. Was it a phial of the same size as this, and filled with the sam.e ingre-
dients "? A. Yes.
Q. What are those ingredients'? A. Rhubarb and jalap, spirits of laven-
der, nutmeg water, and simple syrup.
Q. I see you have another draught in your hand. A. Yes.
Q. What is that? A. The same, except the simple water ; there is the
same quantity of rhubarb and jalap.
Q. What is added to that ? A. Laurel water.
Q. You mentioned before that this was sent upon the Tuesday; it was
I think upon the Thursday that sir Theodosius Boughton died ? A. No, on
Wednesday morning.
Q. Was you then sent frr to Lawford Hall ? A. On the Wednesday
morning I was.
Q. At what time? A. About eight or nine o'clock.
Q. Who was the person that came for you? A. William Frost.
Q. The same man that you had before sent the draught by ? A. No ; his
name was Samuel Frost.
Q. What message did he bring to you ? A. He said sir Theodosius was
very ill, and that he was sent by lady Boughton to fetch me ; I went imme-
diately.
Q. What time might it be when you got there? A. Nearly nine o'clock.
Q. When you got to Lawford Hall, did you go into the room where sir
Theodosius was ? A. I did.
Q. Whom did you find there ? A. I met captain Donellan in the court-
yard ; he went along with me into the room.
Q. Who were in the room besides you and Mr. Donellan ? A. Some
servant, I cannot tell which.
Q. Who else was there ? A. Nobody else.
Q. Was lady Boughton there when you first came ? A. Not when I first
came.
Q. In what situation did you find sir Theodosius Boughton ? A. I saw
no distortion.
Q. What did you see ? A. Nothing particular.
Q. Was he alive or dead ? A. He had been dead near an hour.
*♦.
^
FOR POISONING. 121
Q. Did Mr. Donellan ask you any questions 1 A. He asked me no ques-
tion at all.
Q. How long might you remain with him in the room 1 A. 1 cannot tell
exactly ; for some miautes.
Q. Did you say any thing to him ^ A. I asked him how he died ; captain
Donellan told me in convulsions.
Q. Did you see any thing of the bottles you had before sent? A. I saw
nothing of them ; they never were mentioned.
Q. Were they in the room ? A. No.
Q. Had you any further account than what you have now mentioned, given
you by anybody of the manner of sir Theodosius' death ? A. No other than
that he died of convulsions.
Q. Do you remember having any other conversation with Mr. Donellan
about sir Theodosius "? A. 1 don't know the particular words he made use of;
but his general intent was to make me believe that sir Theodosius Boughton
had taken cold.
Q. Are you acquainted with Mr. Donellan's handwriting? A. Yes, I am.
Q. Have you often seen him write ? A. I have seen him write. (Several
letters were shown the witness, which he deposed were the prisoner's hand-
writing.)
Q. 1 believe you mentioned the quantity of ingredients you mixed up ? A.
Fifteen grains of each.
Mr. Thomas Powell, cross-examined by Mr. Newnham.
Q. Describe exactly the proportion of the several ingredients. A. Fifteen
grains of each, of rhubarb and of jalap ; spirits of lavender, twenty drops ;
nutmeg water, two drachms ; two drachms of simple syrup, and an ounce and
a half of simple water.
Q. Then there are two ounces only of liquor, except the twenty drops of
lavender? A. Yes.
Q. You had given one of these draughts on the Monday ? A. Yes.
Q. What effect had the first medicine you gave him ? A. It purged him
very well, and agreed with him very well ; he had many stools.
Mr. Howorth. Did it make him sick ? A. Not at all, it agreed with him
very well ; it was on the Saturday it made him sick ; and in consequence of
that I changed the physic from manna and salts to rhubarb and jalap.
Mr. Newnham. You say that Mr. Donellan told you that sir Theodosius
died of convulsions, and that was all the conversation about it? A. Yes.
Q. Did it not occur to you, as a physical man, to inquire when these con-
vulsions commenced, and when sir Theodosius died ? A. The convulsions
took place soon after the draught was taken.
Q. What idea have you of soon ? A. A quarter of an hour, or sooner.
Q. Do you know for certain ? A. I do not.
Q. Why did you not inquire ? A. I did inquire.
Q. You saw lady Boughton ? A. Yes.
Q. Had you no conversation with her ? A. Yes, she said he was con-
vulsed soon after he took the medicine.
Q. Did not you inquire how soon ? A. He was convulsed almost im-
mediately.
iMdy Anna Maria Boughton sworn — Examined hy Mr. Howorth.
Q. How old was sir Theodosius Boughton ? A. Twenty years of age the
3d of August last.
Q. What fortune would your son have been entitled to upon his coming of
age ? A. Above £2000 a year.
Q. Upon the event of his dying before he came of age, what would then
become of the fortune? A. The greater part of his fortune would have
descended to his sister.
L 16
122 JOHN DONELLAN, ESQ.
Q. Who I understand married Mr. Donellan ■? A. Yes.
Q. How long had Mr. Donellan resided in your family at Lawford Hall ?
A. From some time in the year 1778 ; from about the month of June.
Q. How long had your son, sir Theodosius, made part of the family at
Lawford Hall before his death? A. In the year 177a he came from Mr.
Jones, a tutor of his, and came to live at Lawford Hall.
Q. Have you, at any time, had conversation with the prisoner, Mr. Donel-
lan, respecting the state of your son's health; and about what time was that
conversation held 1 A. Several times before the deceased's death he spoke
to me about sir Theodosius' health.
Q. What were the expressions used by him when he talked about the bad
health of your son? A. He said, "Don't talk about leaving Lawford Hall ;
something or other may happen ; he is in a very bad state of health ; you
cannot tell what may happen before that time." I thought he meant his
being so very venturous in going a-hunting, and the like.
Q. Do you know of any intention in sir Theodosius to have gone to a
friend's in Northamptonshire, and to have stayed there for any time 1 A.
He expected Mr. Fonnereau to come to Lawford Hall the latter end of that
week in which he died.
Q. I believe Mr. Fonnereau did in fact come 1 A. Yes, he did.
Q. When ? A. He came, I believe, on the Friday night.
Q. Had you heard from Mr. Donellan any thing respecting the stay that
sir Theodosius would probably make in Northamptonshire? A. 1 don't re-
collect.
Q. Was his stay intended to be long or short ? A. My son said, Mr. Fon-
nereau was to stay with him a week ; then my son was to return with him
in Northamptonshire.
Q. Was he going to stay a long or short time there ? A. He did not say
how long.
Q. Mr. Powell, we have heard, was the apothecary who attended him.
Do you recollect any draught being sent to sir Theodosius on Tuesday, the
29th of August? A. The servant was sent on Tuesday for the bottles.
Upon inquiry where the servant was, Mr. Donellan said, " O, sir The has
sent him a second time for the bottle of stufi'!"
Q. It was known in the family that sir Theodosius was to take his physic
next morning ? A. Yes, it was.
Q. Does your ladyship know where sir Theodosius used to keep the physic
that was sent him ? A. He used to put it in his dressing-room. He hap-
pened once to forget to take it ; Mr. Donellan said, " Why don't you set it
in your outer room ; then you would not so soon forget it."
Q. Do you know whether in fact that advice was followed ? Where were
the medicines kept after that? A. He had several after that upon his shelf
over his chimney-piece in his outer room.
Q. Where did sir Theodosius go on the evening of Tuesday, the 29th?
A. I saw him in the afternoon ; he went a-fishing.
Q. About what time did he go ? A. About six o'clock.
Q. Did you see him shortly before he went? A. No, I did not.
Q. After he had gone out a-fishing, what men servants were left behind in
the family ? A. The gardener, and the coachman, and John, the footman.
Q. Were there either of men servants with sir Theodosius a-fishing? A.
Yes, Samuel Frost was the only one.
Q. What became of yourself and Mrs. Donellan ? A. She and I went to
take a walk in the garden.
Q. How long do you think you and Mrs. Donellan were out in the garden?
A. Above an hour.
Q. When was it that you had last seen Mr. Donellan before you walked
into the garden, and where ? A. To the best of my remembrance, I saw
nothing of him after dinner.
■»
FOR POISONING. 123
Q. Do you remember whether he joined you in your walk in the garden,
and about what time 1 A. He came about seven o'clock out of the house-
door to me and Mrs. Donellan, and told us that "he had been to see them
a-fishing, and that he would have persuaded sir The to come in lest he
should take cold, but he could not."
Q. Do you recollect at what time sir Theodosius came home ■? A. A little
after nine o'clock.
Q. Was he then apparently in health 1 A. He then seemed very well.
Q. How did he dispose of himself till he went to bed, and at what time
did he go to bed ■? A. He went up into his own room soon after he came in.
Q. Did he eat any supper ] A. I told him I was going up into my room.
As I was going up-stairs he called me into his room, and desired my permis-
sion to make use of my servant to go next morning with the net, as he ex-
pected his iriend, Mr. Fonnereau, to come. He went to bed.
Q. How did he appear at that time in his health 1 A. He seemed very
well.
Q. What time did you see him next morning] A. About seven o'clock.
Q. Did you go into his room at that time ? A. He had desired me to call
him as I went by his room in the morning, and give him his physic.
Q. At that time in the morning how did he appear as to his health ? A.
He appeared tlien to be very well.
Q. Give the jury an account of the physic you gave him, and the manner of
its operation. A. I asked him, "where the bottle was;" he said, "it stood
there upon the shelf." First of all, he desired me to get him a bit of cheese
in order to take the taste out of his mouth, which I did; he desired me to
read the label ; I accordingly did, and found there was written upon it, purg-
ing draught for sir Thendusius Boughton.
Q. When you gave him the draught, did he make any, and what observa-
tions upon it ] A. As I was talking to him I omitted shaking the bottle ; he,
observing that, said, " Pour it back again, and shake the bottle," and in so
doing, I spilt part of it upon the table; the rest I gave him. As he was
taking it, he observed, " it smelt and tasted very nauseous ;" upon which, I
said, " I think it smells very strongly like bitter almonds." I gave him the
cheese ; he chewed it and spit it out. He then remarked, "that he thought
he should not be able to keep the medicine upon his stomach." I asked him
" if he would have some water?" I gave him some. He washed his mouth,
and spit that out, and then laid down.
Q. Please to open that bottle (giving lady Boughton the genuine draught),
and smell at it, and inform the court whether that smells at all like the medi-
cine sir Theodosius took T A. No, it does not.
Q. Please to smell this (giving lady Boughton the draught with the
laurel water added to it). A. This has a smell very like the smell of the
medicine which I gave him.
Q, What was the first observation your ladyship made of any appearance
upon sir Theodosius after taking the medicine ? A. In two minutes or a
minute and a half after he had taken it, he struggled very much ; it appeared
to me as if it was to keep it down, and made a prodigious rattling in his
stomach, and guggling ; and he appeared to me to make very great efforts to
keep it down.
Court. How did he make a rattling'? A. A noise in his stomach as if it
would come up again.
Q. How long did you observe these symptoms continue 1 A. About ten
minutes ; he then seemed as if he was going to sleep, or inclined to dose.
Perceiving him a little composed, I went out of the room. I returned in
about five m.inutes after into his room ; there, to my great surprise, I found
him with his eyes fixed upwards, his teeth clenched, and froth running out
of each corner of his mouth.
124 JOHN DONELLAN, ESQ.
Q. What did you do upon that 1 A. I ran down-stairs, and told the servant
to take the first horse he could get, and go immediately for Mr. Powell.
Q. Was any other person sent for ] A. No.
Q. When did you first see Mr. Donellan after that 1 A. I saw him in less
than five minutes; he came up to the bedchamber where my son was, and
asked me, " JJ^hat do you want?'''' I said, "I wanted to inform him what a
terrible thing had happened ; that it was an unaccountable thing in the doctor
to send such a medicine, for if it had been taken by a dog, it would have
killed him ; and I did not think my son would live." He asked in what
manner sir The was taken, and I told him. Then he asked me where the
physic bottle was. I showed him the two draughts. He took up one of the
bottles, and said, " is this it"?" — " Yes," said I. He took it up, poured some
water out of the water-bottle, which was just by, into the phial, shook it,
and then emptied it out into some dirty water which was in a wash-hand
basin.
Q. Did you make any observation upon that conduct ] A. After he had
thrown the contents of the first bottle into the wash-hand basin of dirty
water, I observed that he ought not to do that. 1 said, " What are you at?
you should not meddle with the bottle." Upon that he snatched up the other
bottle, and poured water into it, and shook it; then he put his finger to it
and tasted it. I said, " what are you about] — you ought not to meddle with
the bottles." Upon which, he said, " I did it to taste it."
Q. Had he tasted the first bottle ? A. No.
Q. Did any of the servants come up into the room 1 A, Yes, Sarah Bluu
dell and Catherine Amos.
Q. What is become of Sarah Blundell % A. She is dead.
Q. Upon their coming up, was any thing said or done by Mr. Donellan
that particularly called your attention to it T A. He desired Sarah Blundell
" to take aivay the basin, the dirty things, and the bottles;'" and he put the
bottles into her hand.
Q. What did you say to that 1 A. 1 took them out of her hand, set them
down, and bid her let the things alone.
Q. Did you at that time assign any reason why they should be left there,
and for what purpose ? A. I did not.
Q. What was done upon that 1 A. He then desired " that the room might
be cleaned,''^ and the clothes thrown into an inner room. I opened the door
of the inner room. As soon as Sarah Blundell had put the clothes into the
inner room, Mr. Donellan, while my back was turned, put the bottles into
her hand again, and bid her take them down ; and was angry she had not
done it at first.
Q. Did you see the bottles put into her hand the second time ? A. 1
did not.
Q. Did you hear any order given by him ? A. No, but Sarah Blundell
told me so.
Q. Then all you know in fact is, that they were taken out of the room 1
A. They were.
Q. You did not see who took them outl A. No.
Court. Did you see who first left the room after the clothes were put into
the next room 1 A. Sarah Blundell left it first.
Q. How soon did you perceive that the bottles were gone ? A. I did not
observe it directly.
Q. But how soon did you find out that they had been removed 1 A. 1
cannot tell the time.
Q. Before you left the room yourself, did you discover that the bottles were
gone ] A. I did not.
Mr. Howorth. When all this happened, the washing the bottles and re-
moving the clothes, was sir Theodosius Boughton dead T A. He was nearly
FOR POISONING. 125
dead ; one of the maids was wiping the froth off his mouth, and his stomach
at that time heaved.
Q. In the course of that morning do you remember having said any thing
to Mr. Donellan, or he to you, as to the suspicions entertained of the medi-
cine he had taken 1 A. Some time afterwards I was down in the parhaur,
Mr. Donellan and my daughter were there. Mr. Donellan, in my presence,
said to his wife, that her mother (meaning me) had been pleased to take
notice of his washing the bottles out; and that he did not know what he
should have done if he had not thought of saying he put the water into it to
put his finger to it to taste.
Q. What passed further upon that ? A. I turned away from him to the
window, and made no answer to it ; upon which he again repeated the same.
Q. What happened then 1 A. As I made no answer, he desired his wife to
ring the bell in order to call tip a servant,- when the servant came, he ordered
that servant to send in Will, the coachman.
Q. Did the coachman come ] A. He did.
Q. Relate what passed between Mr. Donellan and the coachman. A.
When the coachman came, Mr. Donellan said, " Will, don't you remember
that I set out of these iron gates this morning about seven o'clock ?" — " Yes,
sir," said he. " You remember that, don't you V — " Yes, sir." — " And that
was the first time of my going out. I have never been on the other side of
the house this morning. You remember that I set out there at seven o'clock
this morning, and asked for a horse to go to the Wells'?" — "Yes, sir." Mr.
Donellan said, " then you are my evidence." The servant answered, " Yes,
sir."
Q. Did Mr. Donellan make any other observation which called your atten-
tion ■? A. None that I recollect.
Q. Do you remember Mr. Donellan receiving a letter from sir William
Wheeler, and when was the first letter he received from sir William 1 A.
He received a letter from sir William Wheeler, desiring the body might be
opened.
Q. Do you rememberbeing shown the answer to that letter] A. Yes, I do.
Q. Who showed it you "? A. Mr. Donellan.
Q. Do you recollect having made any observation upon his answer which
he sent sir William Wheeler after Dr. Rattray and Mr. Wilmer had been
there ? A. I remember he read the letter : I thought it of no use ; that it
would be unnecessary to send it.
Q. Did you state any reason why the letter was to be objected to ? A.
I did not ; I said, " He had better let it alone, and not send such a letter as
that."
Q. You disliked the letter, but the reason of your dislike you did not
explain to him ] A. No ; but he said it was necessary to send an answer,
and he would send it.
Q. Do you recollect upon what day sir Theodosius was buried 1 A. He
died on the Wednesday morning, and was buried on the next Wednesday.
Q. Do you remember afterwards attending before the coroner and his jury,
in order to be examined ] A. I do.
Q. Was Mr. Donellan present at that examination 1 A. Yes, he was.
Q. Did you mention to the jury, in your account there, the circumstance of
the prisoner's washing the bottles 1 A. I did.
Q. When you returned home to Lawford Hall, had you any conversation
with Mr. Donellan respecting that circumstance ■? A. He said to his wife,
before me, " That I had no occasion to have told the circumstance of his
washing the bottles. I was only to answer such questions as were put to me,
and that question had not been asked me."
Q. On the morning of the death of your son, did Mr. Donellan endeavour to
account to you, by any means, in any way, for what had been the occasion
of his death ? A. When the things were removing away, to be put into the
1.2
* -^^
126 JOHN DONELLAN, ESQ.
inner room, he said to the maid, " Here take his stockings, they have heen
wet ; he has catched cold to be sure, and that might occasion his death."
Upon that I examined the stockings, and there was no mark or appearance
of their having been wet.
Q, I presume that you, sir Theodosius, Mr. Donellan, and the family dined
together at the same table 1 A. Yes.
Q. For some time before the death of sir Theodosius, had there been any
intention in you and the other part of the family not to eat of the same dish
that sir Theodosius eat of? A. We ate of the same dishes.
Q. Was there any fear or apprehension entertained by you, or by any person
else expressed to you, of your being in danger of being poisoned] A. Mr.
Donellan recommended to me not to drink out of the same cup, because he
was affected with a venereal disorder, nor to touch the bread he did, because
there might be arsenic about his lingers, as he used to put arsenic for his fish.
Q. But no such attention was paid as to things brought to table to eat?
A. No.
Lady Mnna Maria Boughton, cross-examined hy Mr. Ncwnhavi.
Q. When was it that your ladyship and sir Theodosius went to Bath 1
A. The 1st of November, 1778.
Q. Did you go upon a visit to captain Donellan and his lady 1 A. They
asked me to go.
Q. When did you hear captain Donellan say that your son was in a bad
state of health, how long before his death 1 A. He often talked about it for
three weeks or a month before the time of his death.
Q. That was only after he had been attended by Mr. Powell for a recent
complaint, but before that you was pleased to say Mr. Donellan often ex-
pressed to you that sir The. was in a bad state of health ? A. Yes, that
he was in a bad way, or that something or other would happen to him.
Q. How long before was that ? A. That was about a fortnight or three
weeks before.
Q. Had not you yourself apprized Mr. Donellan and his lady, long before
this, that your son was in a bad state of health ] A. I had said that my son
had been ill of a particular disorder.
Q. Had not you written to Bath in the year 1777 and in 1778, "that his
hue complexion was gone, and he was in a very bad way "f A. I said 1
was afraid he was in a bad way, for his complexion was altered.
Q. I quote your words, " His fine complexion was gone"'? A. Yes.
Q. At what time did you go to Bath? A. The 1st of November 1778.
Q. You had previously informed Mr. Donellan that your son was in a bad
state of health ? Yes.
Q. Sir The. went with you to Bath 1 A. Yes.
Q. Do you recollect a quarrel that happened between sir Theodosius and a
gentleman at Bath ? A. Yes, and Mr. Donellan interfered to prevent any
tiling happening.
Q. Does not your ladyship recollect a quarrel your son had at Rugby ?
A. Yes.
Q. Pray, who was sent for on that occasion 1 A. Mr. Donellan.
Q. Did not your ladyship go to Mr. Donellan's room door, and early in the
morning press him to go over immediately ? A. Yes.
Q. Did not you put the letter under the door? A. I wrote a letter, and had
it put under the door, desiring him to go to Rugby, on account of a quarrel
that had happened there.
Q. Did Mr. Donellan interfere and prevent any mischief happening there?
A. He told me he did.
Q. Now, as to a third quarrel ; whether he had not another quarrel with a
gentleman at Daventry ? A. They were both at Rugby.
Q. With a Mr. Wildgoose of Daventry, at Rugby ? A. Yes.
♦ I-
FOR POISONING. 127
Q. Was there not a quarrel with Mr. Chartres ? A. Yes, at that time I
believe, but I am not certain.
Q. Don't you recollect your son telling you that he went up at Newbold
to the church steeple, and that if it had not been for Mr. Donellan, who
caught him in his arms, he must have broke his neck 1 A. He did not tell
me that.
Q. Did not he tell you he went up to the top of the church 1 A. Yes, but
he did not tell me about being in any danger.
Q. Did not your ladyship, when he told you he had met with an accident
and an escape, inquire into the particulars of it ] A. I don't remember that
he did tell me so.
Q. Do you remember no circumstance ; don't you remember his men-
tioning that part of the church tumbling down when he was at the top of the
church"? A. No.
Q. Did not you return home together in the coach, and did not he mention
it in the coach to you that he had been at the top of the church, and had
fallen down in going up to the weathercock "? A. I don't remember any
thing of it.
Q. What time in the morning was it that your ladyship arose on the 30th
of August? A. About six o'clock, I believe.
Q. On the day before you said sir Theodosius had been fishing ] A. Yes.
Q. What time did he return home ] A. At a little after nine o'clock, I
believe.
Q. Did not your ladyship express some anxiety about his being out so
late ? A. I sent to him, he did not come ; I said, " Tell him I want to speak
with him."
Q. Do you recollect whether Mr. Donellan was, or not, gone to bed before
sir Theodosius returned ? A. I believe he was.
Q. Was not your ladyship and Mr. Donellan to ride out together the next
morning 1 A. The prisoner asked me to go with him to the Wells. I agreed
to go.
Q. Did not Mr. Donellan ask your ladyship, under the window, if you
was ready ? A. As I passed by the window that looks into the court, I
heard Mr. Donellan call out, "Is your ladyship ready to ride out]" I said,
" I shall be ready in about a quarter of an hour, I am going to put my things
on." He said he would go to the Wells.
Q. That is after you left your son's room, when you thought he was going
to sleep ■? A. Yes.
Q. How happened it, after your son had had these convulsive appearances,
and had frightened your ladyship so much, that you did not at that time disclose
to Mr. Donellan that he was in that condition, and you could not ride out 1
A. I thought he appeared as if he was going to sleep -; it went off, and he
seemed going to dose ; so I imagined it was only his violent efforts to pre-
vent bringing up the physic.
Q. You said it was in less than ten minutes after he took the medicine
that those appearances came upon him 1 A. In two minutes and a half, or
less.
Q. Did your ladyship give sir Theodosius his physic upon the Monday ?
A. No.
Q. You was not in the habit of giving it to him 1 A. Now and then I did.
Q. You recollect his saying it had a very nauseous taste 1 A. Yes.
Q. And a very nauseous smell 1 A. An ugly taste and an ugly smell.
Q. Did your ladyship ever mention, when examined before the coroner,
this fact, that Mr. Donellan said, " I should not have known what I should
have done, if I had not thought of saying that I did it to put my finger in to
taste ■?" A. I did mention this before the coroner. My evidence was, he
said, that I told him of his washing it. I asked him why he did so. He said
he did it to put his finger in to taste. ^ -
^0. 128 JOHx\ DONELLAN, ESQ.
Q. I asked j'our ladyship whether you disclosed before the coroner, that
Mr. Donellan told Mrs. Donellan, in your hearing, that if he had not thought
of saying that he did it to put his finger in to taste, he should not have known
what to have done. Did you mention that circumstance before the coroner ?
A. Yes.
Q. And swear if? A. Yes.
Q. I believe you was examined a second time ; was it upon the first or
second examination ? A. I am not certain.
Q. Was your examination read over to you before you signed it? A.
Yes.
Q. I wish to ask your ladyship again whether this circumstance was dis-
closed in your evidence ] A. I said he told me tiiat he did it to taste.
Q. Your examination was read. There is no such thing as that contained
in it. Did you mention the circumstance of the coachman being sent for into
the parlour, and Mr. Donellan's asking him if he did not remember his going
out at the iron gates at seven o'clock in the morning ] and upon the servant's an-
swering in the aflirmative, Mr. Donellan's saying, " Will, now j'ou are my
evidence V Was that mentioned by your ladyship before the coroner? A.
I mentioned it to Mr. Caldicot, but whether I mentioned it before the coroner
I cannot remember.
Q. Tell me the analogy, if you can, between the conversation that Mr.
Donellan had with Mrs. Donellan in your presence, and his immediately
sending for the coachman to know if he was up at seven o'clock or no. Did
any conversation pass that led to that? A. Not that I know.
Q. You said something about Mr. Donellan's mare. One of the servants
informed you that the mare was about the house. In point of fact, did not the
servant go upon Mr. Donellan's mare to fetch Mr. Powell ? A. I was not in
the yard to see.
Q. Do you not know that as a fact ? A. I did not see him go.
Q. Did you see him return ? A. No, I did not.
Q. Yon told Mr. Howorth that Mr. Donellan put the bottle a second time
into the hands of Sarah Blundell ; was that circumstance disclosed in your
evidence before the coroner? A. I do not recollect.
Q. Whether you don't know that sir Theodosius did amuse himself in lay-
ing poison for fish ? A. Sir Theodosius did sometimes amuse himself in
laying poison for fish.
Q. Where was it he put those things that he used to amuse himself with ?
A. I won't mince the matter.
Q. Don't you know of his buying large quantities of arsenic? A. He sent
for a pound, and after his death a quantity of arsenic was found in his
closet.
Q. Where did he use to keep that? A. In his inner closet.
Q. Which was sometimes locked ? A. Mostly.
Mr. Hoicorth. You have been asked of instances of friendship shown by
Mr. Donellan to your son : what was Mr. Donellan's general behaviour for
some months before he died ? did he treat sir Theodosius with respect, friend-
ship, and tenderness, or otherwise ? A. About a fortnight before my son's
death I heard
Court. Have you heard your son say any thing about Mr. Donellan's
behaviour at the time when he gave you the relation mentioned by Mr. Newn-
ham ? A. They used to have words, to be angry with each other; they did not
in general live in friendship and intimacy.
Air. Newnkam. It was your ladyship's house ? A. Yes.
Q. I presume they had those sort of words that occasionally happen in all
families, more or less ? A. I paid no great attention to it.
Court. At the time you mentioned when you came down into the par-
lour, Mr. and Mrs. Donellan were both there ? A. Yes.
Q. How long had Mr. Donellan been gone out of the room where sir
FOR POISONING. 129
Theodosius died before you went into the parlour 1 A. Not long ; I went
into my own room first.
Q. After you got into the parlour, was there any conversation between you
and the prisoner, previously to his saying you had been pleased to take notice
of his washing the bottles 1 A. I do not recollect any, but he was talking to
Mrs. Donellan.
Q. Was that spoken in a passion or resentment, or how 1 A. Rather in a
way of resentment.
Catharine Amos sworn — Exanmied by Mr. Geast.
Q. Did you live at Lawford Hall at the time of the death of sir Theodosius
Boughton ■? A. Yes.
Q. In what capacity ? A. I was cook.
Q. Was you sent for by lady Boughton 1 A. I was sent for to my lady by
the other maid, Sarah Blundell, who is dead ; was called up-stairs into that room
where sir Theodosius lay.
Q. When you came into the room, in what situation was sir Theodosius
Boughton ] A. He did not stir hand or foot, but frothed at his mouth. I
wiped the froth four or five times from his mouth.
Q. Was the body motionless ? A. The stomach heaved very much,
Q. Was there any noise ] A. He gurgled at the throat.
Q. Give an account of any other circumstances that you observed. A. I
did not observe any thing more.
Q. Where did you go to from thence ? A. I went below stairs about my
work ; my work lay below stairs.
Q. How long afterwards was it before you saw Mr. Donellan ! A. It
might be about a quarter of an hour. I saw him in the passage ; Mr. Donel-
lan said, " Sir Theodosius was nut very late over-iiight a-fishing; that it was
very silly of him, as he had been taking such physic as he had been taking
of before time."
Q. That is before that time ? A. Yes.
Q. Did he give any reason why he had been out so late a-fishing ? A. No.
Q. Did he say any thing more at that time ? A. Not to the best of my
knowledge.
Q. Did you see Mr. Donellan the day that the body was opened % A.
Yes.
Q. What did Mr. Donellan say at that time ? A. He said that there was
nothing the matter ; that it was a blood vessel had broke which had occa-
sioned sir Theodosius' death.
Q. Did Mr. Donellan bring any thing to you at or about the time of sir
Theodosius' death. A. No.
Q. At any time before his death ? A. No, nothing at all.
Q. Did he never bring you any thing for any purpose ? A. No.
Q. Was any thing brought to you by Mr. Donellan within a fortnight or
three weeks before the death of sir Theodosius Boughton 1 A. No.
Counsel for the prisoner to lady Boughton. Did sir Theodosius Boughton
speak at all after he had taken the medicine T
Lady Boughton. Not at all.
Counsel to Catharine Amos. You said you was cook-maid "? A. Yes.
Q. Was the oven under your direction ? A. Yes.
Q. Was any thing brought to vou at any time % A. Yes, a still.
Q. Who brought it T A. Mr. Donellan.
Q. When was it ■? A. Some time after sir Theodosius' death.
Q. How long after"? A. To the best of my remembrance, it might be a
fortnight.
Q. What was there in it"? A. Nothing, it had been washed. He desired
me to put it into the oven to dry it, that it might not rust ; I said, if I put it in
there, it would unsolder it, as it was made of tin.
17
130 JOHN DONELLAN, ESQ.
The Rev. Mr. Neiusam sworn — Examiiied by Mr. Bigby.
Q. Did you see captain Donellan at any time, and when, before the death
of sir Theodosius Boughton 1 A. On the Saturday preceding sir Theodosius'
death, I saw him at Lawford Hall.
Q. Had you any conversation with him ? A. I had.
Q. Kelate what that conversation was. A. He informed me that sir Theo-
dosius was in a very ill state of health ; that he had never got rid of the dis-
order that he had brought with him from Eton, but rather, in his opinion,
had been adding to it; that he had made such frequent use of mercury, in-
wardly and outwardly, that his blood was a mass of mercury and corruption ;
that he had had a violent swelling in his groin, which they were endeavouring
to bring to a head, but he was so obstinate that he would not live well enough
to do it ; that they were'fearful it would return into his blood, for at that time
it was at a crisis ; that he had frequent swellings in his throat, and his
breath was so ofTensive that they could hardly sit at table to eat with him ;
that his intellects at intervals were so much affected, that nobody knew what
it was to live with him. My answer was, " that if that was the case, I did
not think his life was worth two3'ears' purchase." He replied, " Not one."
I asked him what advice he had. He told me, he was attended by
]Mr. Powell, the apothecary of Rugby ; and that his medicines were made up
by Mr. Powell from a prescription of Mr. Kerr's, which he had while he was
at Mr. Jones ; that he had given him a medicinal book called the Family
Physician, which he was very fond of consulting.
Q. Were you well acquainted with this family ] A. Very well
Q. Perhaps you can tell, from the appearance of sir Theodosius Boughton,
what was the actual state of his health at this time, and for some time before ?
A. He looked like a man to all appearance in health ; he did not look so florid
as he had done.
Q. Had you any reason, from his countenance, spiriis, or any thing else, to
imag-ine him to be in a bad state of health'? A. He was in good spirits, and
looked very well ; but did not look so florid as he had done.
Q. Do you know upon what terms captain Donellan and sir Theodosius
Bouo-hton lived for some time preceding the death of sir Theodosius 1 A.
Thafl cannot speak to ; I had been absent from that country the four preced-
ing months.
The Rev. Mr. Kewsam, cross-examined by Mr. Green.
Q. Sir Theodosius Boughton had been under the care of Mr. Kerr, had he
not 1 A. I believe he had, whilst he was with Mr. Jones.
Q. Mr. Kerr is, I understand, an eminent surgeon at Northampton ? A. Yes.
Q. Mr. Donellan told you Mr. Powell made up his medicines by the pre-
scription from Mr. Kerr 1 A. Yes.
Q. Whether you had not a letter from Mr. Donellan 1 A. I had.
Q. Have you it in your pocket? A. It is in court.
Q. When did you receive if? A. I cannot recollect; it was one of the
days, I believe, when the coroner's jury were sitting; when the body was
opened, I gave it up the morning of that day.
Mr. William Kerr sworn — Examined by Mr. Hoivorth.
Q. You are, I understand, a surgeon, and live at Northampton 1 A. Yes.
Q. Do you recollect having attended sir Theodosius Boughton when he
was at Mr. Jones ] A. I do.
Q. Was the disorder, for which you attended him at that time, completely
cured or not? A. I really saw no disorder; there was upon the prepuce or
glands, I do not recollect which, a small wart or excrescence, very immaterial
indeed ; it was so slight, that I did not consider it as a subject of medicine at
all. I ordered some lotion to wash it with, and nothing else, and dissuaded
him from the use of medicine.
Q. Was the state of his body such that you judged it necessary to give
FOR POISONING. 131
him a prescription to take medicines by ] A.. I gave him a prescription for
the lotion, but none for internal medicines.
Q. When he went from under your care, you considered him as by no
means disordered 1 A. I considered him as having no venereal complaint.
Mr. Kerr, cross-examined by Mr, Newnham,
Q. In common parlance, is not a lotion a medicine ■? A. Certainly.
Dr. Rattray sworn — Examined by Mr. Balguy
Q. You are, I believe, a physician of Coventry 1 A. I am.
Q. Do you remember, on the 4th of September last, receiving any message
from any person, and from whom, to come to Lawford Hall 1 A. On the 4th
of September, in the afternoon, I received an anonymous note (I mean a note
not signed by any person), desiring me — I forget the particular phrase used —
but it was to go to Lawford Hall, in order to open the body of sir Theodosius
Bough ton.
Q. Have you got that notel A. No, I did not preserve it; as it was not
signed, I conceived it immaterial. The note imported that I was likewise to
bring Dr. Wilmer with me, by which I understood Mr. Wilmer the surgeon.
Mr. Wilmer happened to be out of town that afternoon. As soon as I could
find him, and bring him back to Coventry, we set out, and went there together.
Q. At what time in the evening was it when you went? A. I cannot say
the exact hour; it was getting dark, and it was dark when we arrived there.
Q. When you arrived there, did you or not find captain Donellan 1 A. . _,
The first object I saw was captain Donellan in the passage, with a candle in
his hand ; he was amongst the first persons in the house that received us, and
.n the hall, 1 think.
Q. What passed between captain Donellan and you upon your coming
there? A. As captain Donellan lighted me into the parlour, he said, '■'•Have
you heard from or seen sir William Wheeler V T said I had not. I believe
he afterwards added, " 1 rather expect sir William Wheeler will be here ; or if
he does not come, I shall hear from him."
Q. Did he add that he expected to hear from him, or expected him to be
there ? A. Yes, that he expected either one thing or the other. •♦ -
Q. Did he say any thing further? A. We were asked to eat of what they ;y
had in the house ; they had supped ; and the coffin in the mean time was '
ordered to be unsoldered, and we begged we might know when that was
done. As soon as we had ate a little, they came and informed us that the
coffin was open.
Q. But before you went to see the corpse, after the coffin was unsoldered,
was there or not any letter shown you by captain Donellan ? A. I saw a
letter from sir William W^heeler, in answer, as I understood, to a message
which captain Donellan had sent, requesting of sir William to come and see
the body opened.
Court. Was that letter shown you by the prisoner ? A. Yes, when I • V
came into the hall. Mr. Powell, the apothecary, stood by a great table reading
a letter; captain Donellan turned it up, and saw the direction was to him.
Mr. Powell said, " by mistake he had opened it." ". .
Q. Did you read it ? A. I read part of it ; it was that part of the letter in
which sir William excused himself from coming to Lawford Hall, saying he
conceived no person was proper to be there but the surgeon and physician
sent for. No name was mentioned in particular, only surgeon and physician. %•
Q. Did captain Donellan at that time speak of any other letter he had
received from sir William Wheeler ? A. He searched in his waistcoat
pocket about that time for a letter; but instead of it, pulled out a cover. By
a slight glance I had of it, I thought the direction was sir William Wheeler's
handwriting; but I never saw any other letter but this I have just spoken of.
Q. Can you tell w^hether this (showing a letter to the witness) is the
132 JOHN DONELLAN, ESQ.
letter which captain Donellan then showed you 1 A. Yes ; here are the very
words I mentioned, surgeon and physician, in it. I just glanced it over; it
was late, and I wished to get over such little nnatters as these.
Q. In consequence of having seen that letter, what did you and Mr. Wil-
mer proceed to dol A. After some little conversation about that letter,
captain Donellan said, "The letter was exceedingly polite; f/nit tht first
letter he received was much the same as this.'''' Captain Donellan, at the bottom
of the stairs, said, " Gentlemen, you will excuse ??;?," or to that effect; upon
which we walked up-stairs. Mr. W'ilmer went in first, I believe; he came
out of the room testifying some surprise as I entered the door ; I immediately
entered, and saw the body for the first time.
Q. Did you use any expressions of any sort, at the time of your seeing the
body, to captain Donellan ] A. I went into the room, and looked at the body
several times, and came out to Mr. Wilmer ; he seemed to think it would
answer no purpose to open the body at that time; and as we asked captain
Donellan "for what purpose it was to be opened," he said "it was
for the satisfaction of the family," we thought it at so late a period,
and it being only for that purpose, that it was of no use ; therefore we
waived it.
Q. Had captain Donellan said the opening it was for the satisfaction of
the family ] A. Yes ; he told Mr. Wilmer so, and I think, when I went up,
the same speech was repeated to me.
Q. Did he mention any other purpose for which the body was to be opened,
except the satisfaction of the family ] A. None to me, that I recollect.
Q. Did he at any time intimate to you any suspicion of poison 1 A. No,
nothing of the sort.
Q. In consequence of this you did not in fact open the body ] A. We did
not open the body.
Q. How soon after this was it that you was again sent for upon this
melancholy occasion? A. On the 9th of September; I think it was on a
Saturday. -
Q. Who did you receive a message from at that time? A. I really do not
know : I received a message by some strange roundabout way, in conse-
quence of which I went; but I don't know who sent it. Mr. Wilmer and I
went in company. We met Mr. Bucknill, Mr. Powell of Rugby, and Mr. Snow
of Southam : those were all the physical people, I believe. Mr. Bucknill
opened the body.
Q. Where did you meet at that time 1 A. In the church-yard at Newbold.
Q. The body had there been interred 1 A, It had been in the vault at New-
bold, as I understood.
Q. What passed at that time ] A. We proceeded to the opening of the
body as soon as we conveniently could, and inspected, as far as we were
able, the appearances of the body.
Q. What were the material appearances that struck you at that time 1 A.
The material appearances were — in the first place, the body appeared, upon a
general view, swollen or distended a good deal ; the face, of a round figure,
extremely black, with the lips swelled and retracted, and showing the gums;
the teeth black, except a small white speck on one of the fore teeth ; the
tongue protruding beyond the fore teeth, and turning upwards towards the
nose ; the blackness descended upon the throat, gradually diminishing as it
got towards the breast, and the body was spotted in many parts, but not very
material. There was another circumstance which, for decency, I have omitted,
but, if called upon, I am ready to mention.
Mr. Balguy. That circumstance is not at all material. I meant to ask
you merely to such appearances as were material. Were there any appear-
ances upon the body sufficient to cause or confirm an opinion you may by-
and-by give upon the subject] A. We proceeded to open the body; and in
dissecting the skin, the fat appeared in a dissolving state, a little watery : od
FOR POISONING. I33
getting into the cavity of the belly, the bowels in the lower belly seemed to
put on an appearance of inflammation. I choose to make use of the vulgar term
appearance, in order to convey a general idea of the appearance things in
that state generally put on.
Q. Was it so with the stomach too 1 A. Yes ; the orifices of the stomach,
and the small arch of the stomach ; the heart, upon opening the pericardium,
the membrane which encloses it, appeared to be in a natural state; the lungs
appeared what I call suffused with blood, looking red, and spotted in many
places with black specks, and on the hack part the blood had settled in a
deep red colour, almost approaching to purple; the diaphragm was in the
same state ; and, in general, upon the depending surfaces of the body the blood
was settled in the like manner ; the kidneys appeared black as tinder, and
the liver much in the same state. These, I think, are most of the appearances
I need mention upon the present occasion.
Q. Have you heard the evidence of Mr. Powell, the apothecary 1 A. I
have.
Q. And have you heard the evidence of lady Boughton ? A. I have.
Q. Now, from the evidence of Mr. Powell and the evidence of lady Bough-
ton, independent of appearances, for I would have you forget them for the
present instant, what was, in your judgment, the occasion of sir Theodosius
Boughton's death 1 A. Independent of tlie appearance of the body, I am of
the opinion that the draught, in consequence of the symptoms which suc-
ceeded the swallowing of it, as described by lady Boughton, was poison,
and the immediate cause of his death.
Q. Please to smell upon that bottle ; what, in your judgment, is the
noxious medicine in that bottle ? A. I know the liquid ; it is a distillation
of laurel leaves, commonly called laurel water.
Q. You have heard Mr. Powell's account of the mixture he prepared for
sir Theodosius Boughton ; was that mixture innocent and proper ? A. In
my opinion, it was perfectly innocent.
Q. You have said that, in your judgment, laurel water is contained in this
bottle? A. Yes.
Q. Have you made any particular experiments upon the effects of laurel
water? A. I have, several.
Q. You will please to relate the particular experiments you have made,
and the appearances in consequence of those experiments, A. Mr. Wilmer
and I made experiments together : our first experiment with laurel water
was upon a middle-sized dog ; I held his mouth open, and there was, I be-
lieve, nearly two ounces of laurel water poured down his throat; I held the
dog between my knees ; in half a minute, as nearly as I can guess, he
dropped dead to the ground, without any motion except a tremulous motion
once or twice of the lower jaw. The next animal on which I tried the laurel
water was, likewise in company with Mr. Wilmer, to an aged mare ; we
gave, at repeated intervals, out of a horn, I believe, about a pint and a half
of laurel water ; in about two minutes she was precipitated to the ground
with her head under her, and tumbled on her back, kicking violently ; she
afterwards lay without kicking, but seemed convulsed, her eyes rolling
about, rearing up her head as if in agonies, gulping at her stomach as if
something lay there exceedingly offensive to her, and that instant, and during
the whole time she lived afterwards, heaving in the flanks in the most ex-
traordinary manner ; and at the end of fifteen minutes she expired. After this,
in company with Mr, Ewbank, of Coventry, I gave to a cat about a spoonful
of laurel water, which I had myself seen distilled ; it was pale and limpid as
pure distilled waters, and seemed very weak. The cat, though I believe she
had not half the quantity I intended she should have taken, died in three
minutes.
Q. What quantity did you pcmr down the cat's throat? A. About a
spoonful, about half an ounce. At Southam, the beginning of this week, I
134 JOHN DONELLAN, ESQ.
gave, in presence of Mr. Snow, to another aged horse about a pint of laurel
water, distilled by Mr. Snow. Upon his receiving into his stomach the first
horn full, which was a small one, no bigger than we used in the former ex-
periment, he dropped to the ground.
Cuurt. What was ihe quantity that horn held 1 A. I suppose three or
four ounces. It was impossible to give the animal the whole of it; full half
was spilt. I conceived it to be very strong, and desired Mr. Snow would
give her no more at that time, in order to try the strength of it. The horse
drop])ed; he endeavoured to raise himself up, but could rise no farther than
by setting himself upon his buttocks like a dog : I perceived he had entirely
lost the use of his hinder parts. We then gave him another horn full, which
in its turn knocked him down very soon; and at intervals we gave him
several horns full, to the amount of about a pint in the whole ; and at the end
of twenty-eight minutes he expired, violently convulsed, groaning, his tongue
lolling out of his mouth ; and indeed the first horse's tongue had a very ex-
traordinary appearance, for it darted backward and forward in the manner of
a dart, but this horse lolled his tongue out like a dog when running. In both
the horses the artery in the neck beat much, even after the animal had ceased
to breathe, except we call the motion of the lower jaw, a kind of gasping,
breathincT. I saw all the bodies opened, and in all of them there was violent
distension of the veinous system, of the whole veins in the body, the
stomach, bowels, lungs, and so on. The veins were distended and full of
blood, the lungs appeared red and suffused. I said before that I did not use
the term injlanimation in any other way than to convey the vulgar idea, the
appearance of red colour given to any part by blood. The lungs sutfused
with blood, looking very red, and in the first horse it was the colour of a
deep pink ; very different, I conceive, from the natural colour.
Q. You have smelled to the bottle which has the laurel water in it; do
you know any thing in medicine that corresponds in smell with that mixture?
A. I do not know any medicine that smells like it.
Q. Does the smell described by lady Boughton, something like bitter
almonds, convey an idea of that mixture ? A. It does ; and I have given the
laurel water to many people to smell to, and they always described the smell
to something like bitter almonds; I do not exactly know how they expressed
themselves, but they meant to say that.
Q. In your judgment is the quantity that one of these bottles contains of
laurel water sufficient to take away life from any human creature 1 A. la
my opinion, it is.
Q. I have now got your opinion upon the subject, independent of any
appearances you observed upon the body of sir Theodosius Boughton. Now
are you, from these appearances, confirmed, or otherwise, in the opinion you
have given ] A. Confirmed in it so far as, upon the viewing a body so long
after the death of the subject, one can be allowed to form a judgment upon
such appearances.
Dr. lidttray, crufis-examined by Mr. Newnham.
Q. If I do not misunderstand you, doctor, the last account you gave in
answer to the question, whether you are confirmed in this opinion by the
appearances, you said yes, so far as you might be allowed to form an
opinion, viewing the body so long after the death of the subject ] A. Yes,
so far as we may be allowed to form a judgment upon appearances so long
after death.
Q. By your putting it in that way, do you or do you not mean to say that
all judgment upon such a subject, in such a case, is unfounded ] A. I cannot
say that, because from the analogy between the appearances in that body
and those distinguishable in animals killed by the poison I have just men-
tioned, I think them so much alike, that I am rather confirmed in my opinion
with respect to the operation of the draught.
FOR POISONING. I35
Q. Those bodies were instantaneously opened 1 A. Yes, so much so that
there was the peristaltic motion of the bowels upon their being pricked.
Q. This was upon the eleventh day after sir Theodosius' death 1 A. Yes.
Q. What was the appearance of the body when you first went to Lawford
Hall ■? A. At the first time I saw the body, what I did see of it, the face,
was in the condition I have described, with a maggot crawling over its
surface : it was black, as I have described ; it was quite in the same state ; in
short, I saw no difference the last day, excepting the maggot was not upon it
then.
Q. Were you or not offended by a violent stench as you approached the
dead body ? A. We were.
Q. Had not putrefaction considerably taken place ? A. I believe it had.
Q. Did Mr. Wilmer observe the same appearances with you] A. Yes, 1
believe so ; I have no reason to doubt it.
Q. What was your reason at that time for not opening the body ? A. I
have just said, the body seemed to us to be in such a very disagreeable state
that we did not like to enter into the investigation of it, not knowing that
any particular purpose was to be answered by it, except the satisfaction of
the family.
Q. At that time, were not you and Mr. Wilmer sent for, for the purpose of
opening the body ] A. Yes ; it was so expressed in the notes.
Q. Was not your reason at that time — whether you were erroneous in your
judgment or not, is another thing — but was not your reason for declining
opening the body, that you conceived the opening it could answer no useful
purpose ■? A. At that time we were of that opinion.
Q. When you went back from Lawford Hall to Coventry, was you or
not desired, or did you and Mr. Wilmer undertake, to apprize sir William
Wheeler of this fact 1 A. I did not undertake it; I believe captain Donellan
said to me, at going out of the door, " Shall you see sir William Wheeler'?"
or words to that etiect. I said I believed not, I did not think I should, for I
had an engagement upon my hands the next day following, which I must
necessarily attend. It was to go to Brookswell, and I stayed all night from
home ; so I could not go, and I did not understand from the letter that it was
incumbent upon me, in point of politeness, to wait upon sir William Wheeler.
Q. Mr. Wilmer's name was mentioned ] A. " Surgeon and physician"
were mentioned, but no name.
Q. Was Mr. Wilmer present at that time 1 A. We were going out at the
door on our return home.
Q. Was any thing said to Mr. Wilmer in your presence 1 A. Not that I
know, or at present recollect.
Q. When was it you did see sir William Wheeler 1 A. On the 4th of
September we went, and returned without opening the body : the next day,
the 5th, I was particularly engaged, as I before said; when I returned home
on the morning of the 6th, I was told that captain Donellan's servant had
been in quest of me and IMr. Wilmer; afterwards I saw a letter from captain
Donellan, "desiring either me or Mr. Wilmer, or both of us, to go to sir
William Wheeler, and inform him of the circumstance that happened at Law-
ford Hall on the night of the 4th."
Court. When was it you saw that letter 1 A. On the 6th; and it was on
the 6th I saw sir William Wheeler at the Black Dog; at least, there was but
one intervening day, and I think it was the 6th.
Q. The next time you saw the body was on the 9th of September, which
was the eleventh day after the death"? A. I think so
Q. Does not putrefaction increase very much in the space of five or six
days in a hot summer ? A. I should think it must certainly increase.
Q. Was not the body in a very high state of putrefaction when you saw
it? A. Upon the shroud being removed, the body appeared to me much
136 JOHN DONELLAN, ESQ.
fairer than I expected ; I expected to have seen it in a very black putrefied
state, but the external appearance was not quite so highly so as I expected.
Q. You mentioned that the body was much swelled ] A. It was swelled.
Q. Appearing upon a gangrene, I suppose ] A. It rather put on the ap-
pearance of gangrene.
Q. I understand you have set your name to a description of certain appear-
ances that met your eye when you examined the body ; I mean your exami-
nation ] A. I have, undoubtedly.
Q. Did you, or did you not, concur with Mr. Wilmer as to the appearances
of the body] A. In general we did.
Q. You set your name to that examination 1 A. I did not set my name to
any thing but my own examination.
Q. Wherein the appearances are particularly described 1 A. They are
not particularly described; there is something said about the stomach and
bowels.
Q. For what purpose then did you attend there ? A. I did not know that
it was necessary before a coroner's jury to enter into the particulars ; I was
quite a novice in the business.
Q. Do you mean a novice in the mode of dissection? A. No, in the busi-
ness before a coroner.
Q. Did the account you set your name to contain a true description of the
appearances that met your eye upon that occasion ] A. So far as they went,
it did.
Q. Did you ever hear or know of any poison whatever occasioning any
immediate external appearance on the human body l A. No, no immediate
external appearances in the case of vegetable poisons, except what I have
heard ; but they have not fallen under my own knowledge.
Q. So far for the external appearance. Now, I shall be glad to know
whether all the appearances you speak of in the face, the protuberance of the
tongue, and the lips being swelled and retracted, whether those are not all
signs of putreiaction ] A. I really don't know that they are.
Q. I do not mean to give you any offence ; but I beg leave ^;o ask, whether
you have been much used to anatomical dissection ? A. I have been as far
as persons not particularly intended for anatomical pursuits. I am not a pro-
fessor of anatomy.
Q. Did you ever attend the dissection of a human body that was poisoned,
or that was supposed to have been poisoned 1 A. Never.
Q. From the external appearances of the diff'erent parts of the body, you
draw no kind of conclusion or inference, and form no opinion. A. No, I
don't form any strong opinion from them
Q. How were the appearances when the cavity of the abdomen was open-
ed ? A. I have described them in general.
s Q. Not being an anatomical man, it has slipped my memory; will you
please to repeat it 1 A. I believe I did not before mention the omentum, or
caul, that was suff'used with blood of a brownish red ; the stomach and bowels
appeared in general red, which is vulgarly called an inflammation.
Q. Might that not be owing to a transfusion of blood ?
Dr. Rattray. From what cause 1
Mr. Newnham. From putrefaction. *-
Dr. Rattray. Do you, by a transfusion of the blood, mean the passage of
the blood from the arteries into the veins
Mr. New7iham. Yes.
Dr. Rattray. I cannot think it could arise from putrefaction.
Q. That is your opinion ? A. It is.
Q. Did you look at the stomach"? A. Yes.
■ Q. As sir Theodosius Boughton is represented to have died in a few mi-
nutes after taking this medicine, did you, with correctness and attention,
examine the stomach ? A. The contents of the stomach were about a spoon-
FOR POISONING. 137
ful and a half, or a couple of ounces of a slimy reddish liquor, which I rubbed
between my finger and thumb, and it contained no gritty substance that I
could perceive.
Q. Is it not usual to find some such quantity of liquor in the stomach ] A.
The stomach after death must contain something, more or less, according to
different circumstances.
Q. You said the stomach, and the orifice of it, and the small arch of it,
bore the appearance of inflammation ; pray, is not inflammation and appear-
ance of inflammation much the same thing ? A. All that I have to say upon
the present business is, I perhaps don't know the cause of inflammation; but
there is an appearance of inflammation upon the stomach and bowels, owing
to an injection of blood into the veinous system ; the veins, being full of blood,
put on a red appearance.
Q. If you will not take upon you to say what is the cause, what are the
signs of inflammation 1 A. An appearance of redness sometimes, not always
attended with pain, and sometimes throbbing.
Q. Did you pursue your search through the bowels l A. No, I cannot
say I did, nor did I think it in my power.
Q. How far did you pursue your search in the stomach 1 A. We examin-
ed the contents of the stomach ; we took the stomach out, but in taking it
out, a great part of the contents issued out of the bowels next to it; and the
smell was so offensive, I did not choose to enter into that matter.
Q. Whether a pursuit or inquiry, from an inspection through the bowels,
was not as likely to have led to a discovery of the cause of the death as any
other part of the body which you did examine ? A. I do not believe a pur-
suit through the whole extent of the bowels could have led to any discovery
in these circumstances.
Q. Are not the bowels the seat of poison 1 A. When it passes in there,
it no doubt affects the bowels.
Q. Then why did you not examine into the contents of the bowels'? A. I
did not think it in the power of any one to examine into the contents of the
bowels, their contents being so strong and disagreeable.
Q. Whether you do not form your judgment upon the appearances? A.
Not altogether ; they corroborate my opinion upon the effect of the draught.
Q. Did you or did you not know the contents of the draught Mr. Powell
had prepared when you was examined before the coroner ? A. Yes, I did.
Q. And you knew, from the account given you, how long sir Theodosius
Boughton lived after he took that draught? A. I took my information from
lady Boughton.
Q. Then, whether many reasons have not occurred, subsequent to that time,
considerably to induce you to form your judgment that he died of arsenic?
A. Not subsequent to that time ; at that time I did think he died of arsenic,
but I am now clear that I was then mistaken.
Q. Why may you not be mistaken now ? A. I cannot conceive that, in
these circumstances, any one can be mistaken as to the medicine; from the
sensible qualities described by lady Boughton, I believe it to be of that
nature.
Q. Did not you know at that time the symptoms described by lady Bough-
ton ? A. I did.
Q. Then was not your judgment at that time as ripe for information as it
is now? A. It is now since 1 have received the information.
Q. Whether you did not, after you heard lady Boughton describe the symp-
toms, and after you saw the body opened, give it as your opinion that he
died of arsenic? A. I have had such an opinion.
Q. And have declared so ? A. I did.
Q. Was there or was there not a large quantity of extravasated blood iu
the throat? A. On each side of the lungs there were.
M 2 13
138 JOHN DONELLAN, ESQ.
Q. About what quantity ■? A. I think not quite a pint on each side the
right and left lobe of the lungs.
Q. Would not the rupture of a blood vessel occasion death? A. The rup-
ture of a blood vessel would undoubtedly have occasioned death, but it would
not in my apprehension have been attended with the same appearances.
Q. Might not a blood vessel, in an effort to reach, be broken 1 A.I should
conceive, that if, in an effort to reach, a blood vessel of that magnitude had
been ruptured, he must have died immediately without convulsions.
Q. But supposing a person recovering from convulsions, for he is stated to
be inclined to sleep 1 A. It is a case I am not supposing probable.
Q. Is it possible] A. Every thing is possible under God.
Q. Did you never hear of any person dying of an epilepsy or of an apo-
plexy with symptoms like those, being in convulsions 1 A. I do not think
the symptoms described as having taken place in sir Theodosius Boughton
are like to an epilepsy.
Q. Nor an apoplexy 1 A. They were entirely, in my opinion, the effects of
the draught.
Q. Might not an apoplexy or an epilepsy be accompanied with those symp-
toms 1 A. I never saw either of them attended with a heaving at the sto-
mach.
Q. When respiration grows feeble, is it not a common case that the mus-
cles of the throat are very much relaxed 1 A. All the effects that succeeded
the draught, I believe, were the consequences of it ; and if the muscles were
relaxed, or foam proceeded from the mouth, they were in consequence of it.
Q. Is it not commonly the case with persons who die of almost every dis-
order ■? A. Very often.
Q. Are not the muscles of the throat instrumental in respiration 1 A. So
far as to the passage of the air in and out.
Q. Is it not a very common appearance a few minutes before death, when
respiration grows feeble, for froth to issue from the mouth ] A. No, not com-
monly ; I have seen it in epilepsies.
Q What was your reason for supposing at one time that the deceased died
of arsenic 1 A. Every man is mistaken now and then in his opinion, and that
was my case ; I am not ashamed to own a mistake.
Q. Have you been very nice in your experiments ; for instance, in the con-
veying the laurel water into the animals 1 A. If there was any want of nicety,
the subject had less of it than I intended.
Q. When an animal, suppose a dog or cat, is striving to refuse a draught you
are forcing into its mouth, whether it is not common for some part of the liquor
to get into the lungs'? A. If it did, it would make them cough, but be at-
tended with no bad consequences, unless it was poison.
Q. Did you ever convey any poison immediately into the stomach?
I)r. Rattray. Do you mean by perforation through the ribs ?
Mr. Newnham. Yes.
Dr. Rattray. I never have.
Q. Did you never convey any into the veins of an animal ? A. I neve^have.
Q. Did you observe or smell that liquor which came out of the stomach ?
A. I could not avoid smelling it.
Q. Had it the same offensive smell ? A. It in general had ; one could not
expect any smell, but partaking of that general putrefaction of the body ; but
1 had a particular taste in my mouth at that time, a kind of biting acrimony
upon my tongue. And I have, in all the experimentsi have made with laurel
water, always had the same taste from breathing over the water, a biting upon
my tongue, and sometimes a bitter taste upon the upper part of the fauces.
Q. Did you impute it to that cause then ? A. No, I imputed it to the vola-
tile salts escaping the body.
Q. Were not the volatile salts likely to occasion that ? A. No, I complained
to Mr. Wilmer, " I have a very odd taste in my mouth, my gums bleed."
FOR POISONING. 139
Q. You attributed it to the volatility of the salts 1 A. At that time I could
not account for it ; but in my experiments afterwards with the laurel water,
the effluvia of it has constantly and uniformly produced the same kind of
taste ; there is a volatile oil in it, I am confident.
Q. Do not you understand that there cannot be any information at all ob-
tained in consequenceof dissecting animals which have been destroyed by
laurel water 1 A. I do not think that the operation of these sort of substances
upon the inside of the stomach produce any violent appearances of redness ;
but in most of the animals I have seen, there have been small red spots inside,
of the size of a shilling perhaps; but the effect in the trials I have made has
been a driving the blood from the part of the body where it should be. I be-
lieve the effect of the poison is to empty the arteries in general, and push the
blood into the veins ; that is my opinion at present, so far as I have gone into
the matter.
Q. But you was mistaken at first, relative to forming an opinion that the
death was occasioned by arsenic 1 A. Yes.
Mr. Balguy. You say, that when the shroud came to be taken off the body,
you found the body less offensive than you had expected ■? A. Less black.
Q. When you first saw the body on the 4th of September, did you or not
take the shroud off? A. We did not.
Q. You saw nothing but the face ] A. Nothing but the face.
Q. If, at that time, captain Donellan had insinuated to you any suspicion
of poison, whether you would or not have taken the shroud from the body ?
A. I verily believe, had I known the tendency of the inquiry, I should have
sat there for a month, rather than have left the body unopened.
Q. Should you at that time, if the suspicion had been disclosed, have pro-
ceeded to open the body "? A.I should have attended the opening of it.
Mr. Keionham. I understand you to say, that when the body was opened,
the external appearances did not contribute, in any way, to your forming a
judgment one way or other? A. Nobody would attempt to form a judgment
upon the external appearances altogether.
Mr. Bradford Wilmer sworn — Examined by Mr. Wheeler.
Q. You was sent for to Lawford Hall at the same time Dr. Rattray was ?
A. I was ; I went there with Dr. Rattray.
Q. When first you came there, did you see captain Donellan ] A. I did.
He desired us to walk into the parlour : after we had some refreshment, we
were told that the coffin was unsoldered, and we were desired to walk up-
stairs.
Q. Was any thing said to you at that time as to the means by which sir
Theodosius Boughton had died ] A. Not the least in the world.
Q. Nothing said of poison] A. I never heard a word of poison.
Q. When you did go up-stairs, what part did you see of the corpse ? A.
Only the face.
Q. We have learned from Dr. Rattray that you did not proceed any farther ;
how happened that? A. The body was so extremely putrid, that I declared
my opinion to Dr. Rattray that the proposed inquiry could give no sort of
satisfaction.
Q. Supposing it had been communicated toyou that sir Theodosius Bough-
ton had died by poison, should you have been satisfied without opening it %
A. I should then have opened the body at all events.
Q,. You did not then open the body ? A. I certainly did not.
Q. You afterwards did open it, at the time Dr. Rattray has spoken of? A.
I was present at the opening of the body by Mr. Bucknill.
Q. Have you been employed in any experiments with Dr. Rattray 1 A. I
have.
Q. Without going into every particular of Dr. Rattray's account, do you
140 JOHN DONELLAN, ESQ.
and he concur in general as to the effect of that medicine 1 A.I wish you
would be more particular in that question.
Q. Do you agree with Dr. Rattray in what he has said respecting those
experiments at which you was present ] A. I do in general ; but as Dr.
Rattray has not described the appearances which were visible upon the dissec-
tion of the horse, with your lordship's permission, 1 will read my minutes.
" On the 20th of March, one ounce of laurel water was given to a young grey-
hound ; while Dr. Rattray held the dog's mouth open, I poured the water
into the dog's throat ; as soon as it was swallowed, the doctor released its
head, to observe the effect of the poison ; when, to our great surprise, he fell
down upon his side, and without the least struggle or any perceptible motion
(except wliat the doctor has explained about the dropping of the lower jaw)
expired. On the 2-2d of March, in the presence of sir William Wheeler, a
pint and a quarter of laurel water was given to a mare aged twenty-eight
years. Within a minute from the time it was swallowed, she seemed affected ;
her flanks were observed to heave much, and a trembling seized her limbs ;
in two minutes she suddenly fell down upon her head, and a short time after
was very violently convulsed ; the convulsions continued about five minutes ;
at the expiration of which time, she lay still, but her breathing was very
quick and laborious, and her eyes much affected with spasms. At this time,
four ounces more of the water were given her ; after which she seemed much
weaker, but without any more return of convulsions; and in about fifteen
minutes from the time of her first seizure, she expired.
Q. After her first convulsion was she quieter 1 A. She was: "Upon
opening the abdomen, a strong smell of laurel water was perceptible; the
colon, one of the large intestines, was not altered from its usual appearance,
but the small intestines appeared of a purple colour, and the veins were much
distended with blood ; the stomach contained some hay mixed with laurel
water ; its internal surface was not inflamed, except in a small degree near
the lower orifice of the stomach ; the lungs appeared remarkably full of blood ;
the small vessels upon their surface being as visible as if they had been
injected with red wax."
Q. Whether you in general concur in sentiments with Dr. Rattray as to
the effect of laurel water?
Mr. JVilmer. Do you mean upon the human body, or upon brutes 1
Mr. TVheelcr. Upon both. A. It has in four instances been fatal in the
human ])ody ; I do not know it of my own knowledge, but from my reading.
Q. Have you any doubt of its being fatal ] A. Not the least in the world.
Q. How do you apprehend the quantity contained in that bottle is suffi-
cient to take away life ] A. I imagine one bottle of that size, full of laurel
water, would be sufficient to kill, in half an hour's time, any man in this court.
Mr. Bradford JVilmer, cross-examined by Mr. Green.
Q. Were there any symptoms in this case peculiarly different from the
symptoms attending a case of apoplexy or epilepsy ? A. The appearance of
the body in the putrid state in which it was when I had the opportunity of
observing it, could give no information to form an opinion upon respecting
the cause of the death.
Q. Have you had any opportunities in your own experience of observing
epilepsies ? A. I have; they are either of two kinds, primary or symptom-
atic. It happens sometimes, that without the least previous notice, a man in the
the most perfect state of health, as Suetonius says of Julius Ca?sar, may in a
moment be seized with the epilepsy, his senses will leave him, he will fall
down, be convulsed, foam at the mouth, his tongue will be black, and he
either may die or recover. As to the symptomatic epilepsy, I can speak
from experience : a patient of mine had a vie. lent pain and tumour in his
finger; as soon' as the pain, which gradually went up his arm, reached his
armpit, he fell down epileptic and convulsed. liut if, previous to an epilepsy,
FOR POISONING. 141
the patient heave very much at the stomach, and show signs of sickness, I
should conclude the cause of that epilepsy was in the stomach.
Q. Epilepsies proceed from various causes? A. Numerous causes.
Q. Will not the loss of blood occasion an epilepsy ? A. I believe not.
Q. What quantity of blood was there in the stomach 1 A. I did not mea-
sure it ; I concluded about two pints ; it lodged in the cavity of the thorax.
Q. Might not that occasion convulsions ] A. I do not know ; but if I
might be allowed to reason from analogy, I should conclude it would, for in
all slaughtered animals, when the blood runs out from them in a full stream,
they lie quiet, but they never die without convulsions. The loss of blood
will evidently occasion convulsions.
Q. You was there upon the 4th and the 9th of September ; did you find
any reluctance or unwillingness on the part of the prisoner to the body's
being opened ? A. Not the least in the world.
Q. Did he not seem rather desirous of having it opened ] A. I believe it
was at his own request that a man was sent for to unsolder the coffin.
Q. Was the person sent for to unsolder the coffin before you came 1 A.
He was sent for after we were at the house.
Q. Did the prisoner send for him ] A. I think he sent for him.
Q. W^as that the first or second time of your being there 1 A. At the first
time, when I declined opening the body, not having had the least information
from any part of the family that poison was suspected to have been adminis-
tered to the deceased.
Q. That was on the 4th ? A. It was.
Q. Was any thing said about your going to sir William Wheeler the next
day ■? A. I heard a conversation between the prisoner and Dr. Rattray ; I
cannot, at this distance of time, speak accurately to matters which appeared
then to me trifling; I believe he asked Dr. Rattray "whether he should see
sir William Wheeler 1" I think Dr. Rattray said, " He believed he shoiifd,
and would give him an account of the business."
Q. Was you desired to go over to sir William Wheeler's next day ? A.
I was not desired to go over.
Q. Did you say that you should go over! A. Not that I recollect, though
I may be mistaken.
3Ir. Wheeler. From the appearances of the body, and after the evidence
you have heard given, both by lady Boughton and the other witnesses, what
do you attribute this gentleman's death to ] A. After having heard lady
Boughton's evidence, and therefore being acquainted with the symptoms
which preceded the death of sir Theodosius Boughton, I am clearly of an
opinion that his death was occasioned by a poisonous draught, administered
to him by lady Boughton on the morning of his death.
Court. Is the heaving in the stomach or the belly a circumstance which
attends an epilepsy ? A. It is not.
Dr. Ashe sworn — Examined by Mr. Geast.
Q. You are a physician, and live at Birmingham 1 A. Yes.
Q. You have heard the evidence that has been given ? A. I have.
Q. W'hat, in your judgment, was the cause of the death of sir Theodosius
Boughton ■? A. I think he died in consequence of taking that draught, after
the taking of which he was seized in so extraordinary a manner.
Q. Mention the particular reasons you have for thinking so. A. It does
not appear from any part of the evidence that has been this day given, that
the late sir Theodosius had any disease upon him of a nature either likely or
in a degree sufficient to produce those violent consequences which happened
to him; neither do I know in nature any medicine, properly so called, which,
administered in any dose, and in any form, could properly produce the same
eflfects. I know nothing but a poison spreading in its operation that could
be attended with such terrible consequences. As to the appearances of the
142 JOHN DONELLAN, ESQ.
body upon dissection, they were certainly, as far as could be collected at that
distant period from the time of the death, and in such hot weather, similar
to those appearances which are found in the bodies of animals that are killed
by poisons collected from vegetable substances, not from animal ones.
Q. Will you please to look at that phial. A. The vehicle of it is laurel water.
Q. Would that quantity be sufficient to cause death] A. I do not know
how this is distilled, or how strong it may be, but I know it may be made in
this quantity to destroy animal life in a few seconds. I do not know who
distilled this, but I have made it frequently myself, and in such a degree
of strength as to destroy animal life in a few seconds : if it is distilled
enough to collect the essential oil, a tea spoonful of it would destroy animal
life in a few seconds.
Court. If it was made on purpose? A. Certainly ; I dare say as strong a
poison might be made from bitter almonds as that.
Q. Do you or not, from the evidence you have heard, believe sir Theodo-
sius Boughton died of poison ? A. 1 do.
Court. You are not to give your opinion from the evidence in general, but
upon the symptoms those witnesses have described. A. By the symptoms
those evidence have described, I am of opinion that sir Theodosius Boughton
died of poison.
Dr. Parsons sworn — Exam hied hi/ Mr, Howortk.
Q. You are, I believe, professor of anatomy in the University of Oxford f
A. I am.
Q. You have heard the symptoms attending the death of sir Theodosius
Boughton described by the witnesses produced to-day ? A. I have.
Q. What, in your judgment, occasioned the death of sir Theodosius
Boughton? A. From the description of the state of the young baronet's
health previous to his taking the second dose, which was supposed to be
similar to that which he had taken two or three days before, and from the
violent nervous symptoms that immediately followed the taking thereof, it is
my opinion that he died in consequence of taking the second dose; which,
instead of being a composition of jalap and rhubarb only, proved to contain
a poison ; and of what nature that poison was appears sufficiently from the
description lady Boughton gives of its smell : when she poured it out in order
to give it to her son, her ladyship said it smelt like the taste of bitter almonds,
which particularly characterizes the smell of laurel water. Perhaps it may
not be improper to produce some laurel water for the jury^ to smell at, that
they^ may judge how well it agrees with the description that lady Boughton
has given of tlie supposed physic. The violent nervous symptoms that came
on subsequent to his taking the second dose, took place so soon, and were
so different from what attended the taking of the first, that undoubtedly they
were caused by something it had in it very different from the contents of the
first, much more active, and, as it proved, more deleterious. Jalap sometimes
disagrees with the stomach, and may produce sickness; but with respect
to sir Theodosius Boughton, this medicine did not create any sickness when
given the first time.
Court. Could all the ingredients in the medicine mentioned by Mr. Powell
produce, in sir Theodosius Boughton, the effects described ? A. No, I ap-
prehend they could not ; and as a proof of it, they did not produce any such
effects in the first instance or dose.
Q. Are the symptoms which have been described by lady Boughton such
as would attend an epilepsy, or is there any and what difference 1 A. The
epilepsy is distinguished by a total abolition of sense, but an increase of
motion in several of the muscles, so that the patient will appear much con-
vulsed, and seems to hear and see every thing that is said and done, and to
observe whatever is passing ; yet when the fit goes off, he has no knowledge
or recollection of what has happened. Apoplexy is a sudden privation of all
FOR POISONING. I43
the powers of sense and voluntary motion, the person affected seeming to be
in a profound sleep, accompanied with considerable noise in breathing-. As
so little, therefore, is said of convulsions, as a part of sir Theodosius' symp-
toms, the state in which he lay seems to have been more of the apoplectic kind
than the epileptic.
Q. It has been described by lady Boughton, that soon after taking this
draught the stomach heaved very much, and a noise could be perceived as
issuing from it ; now is that, in your judgment, to be attributed to either
epilepsy or apoplexy, or the effect of the medicine ? A. The effects of the
medicine, I think, undoubtedly, not spontaneous epilepsy or apoplexy; it is
very immaterial whether you call the symptoms epileptic or apoplectic, for
whichever they resembled most, I consider them but as symptomatic.
Q. Was the heaving of the stomach the effect of apoplexy, or epilepsy,
or of this draught? A. No doubt, I think, the draught was the cause, espe-
cially as laurel water, which the draught seems to have contained from its
peculiar smell, will produce similar effects.
Q. Then your judgment is, that the fatal effects were produced by the
medicine thus taken "? A. I think there can be no doubt of that, as they
commenced almost as soon as he swallowed the draught; and a mixture,
such as he is supposed to have taken, is known to have the power of pro-
ducing them.
Q. And from your knowledge of the effects produced by laurel water, your
opinion is, that laurel water was the poison thus administered to sir Theodo-
sius Boughton ■? A. It is. Dr. Rutty relates a case " of a girl of eighteen
years of age, and in perfect health, who took a quantity less than two spoon-
fuls of the first runnings of simple water of laurel leaves, whereupon in half
a minute she fell down, was convulsed, foamed at the mouth, and died in a
short time."
Q. Could those effects be produced, speak from your own judgment, by
laurel water ? A. I have no doubt of it. Dogs, and other quadrupeds, as
we are informed, that take it, fall immediately into totterings and convulsions
of the limbs, which are presently followed by a total paralysis ; these con-
vulsions, with some additional circumstances, as foaming at the mouth, and
loss of sense, constitute the epilepsy which is described among the effects
of vegetable poisons.
Dr. Parsons, cross-examined hy Mr. Newnham,
Q. From the appearances of health in sir Theodosius Boughton, and from
the medicine not having occasioned any bad symptoms before, you conclude
his death was occasioned by some other medicine substituted instead of that,
or in addition to if? A. Most certainly, especially as the smell of it bespoke
its having received the addition of a very poisonous ingredient.
Q. Have you ever known instances of persons being taken sudden when
engaged in pleasure, or business, or at dinner, and dying convulsed, epileptic
or apoplectic 1 A. I have ; but those who die sudde°ily of apoplexy are
generally persons of a full habit, and who are neither so thin or so young as
sir Theodosius Boughton.
Q. Have you never known instances of persons of a thin habit being at-
tacked by apoplexy or epilepsy ? A. By epilepsy they may.
Q. Have you never heard of a person having the appearance of perfect
health being seized with an epilepsy without any primary cause giving any
warning; have you never heard of people in perfect health being seized with
an epilepsy or apoplexy? A. Yes, apoplexy proceeding from repletion or
the sudden bursting of a blood vessel ; epilepsy may proceed from a variety
of causes, partial or general, in the head or elsewhere ; but very seldom, I
believe, proves so suddenly fatal.
Q. Might not those have happened to sir Theodosius Boughton ? A
There can be no doubt of the possibility of their attacking him ;°but I think
144 JOHN DONELLAN, ESQ.
there is no reason to go so far for a cause as to possibility, when this medi-
cine, as all the world knows, will effect it.
Q. That is assumino-, as a fact, that he took two ounces of laurel water 1
A. A much less quantity would be sufficient for the purpose, if we may credit
Dr. Rutty's account.
Q. You collect that from the similarity of smelU A. We have nothing
else to judge from but the similarity of smell.
Q, Is not that the case with a variety of things ; will not black cherry
water have that smell 1 A. Black cherry water is said to have the same
smell ; but it is now out of use. 1 don't suppose there is an apothecary in
the island who has it; and, therefore, it could not be substituted by accident
for the other vehicle.
Q. Will not bitter almonds have that smell ? A. Yes, and spirits flavoured
with them are said to be poisonous to the human species.
Q. You ground your opinion upon the description of its smell by lady
Boughton ? A. Yes ; we can ground our opinion upon nothing else but that,
and the subsequent effects.
Mr. Samuel BuchiUl siuorn — Exam'med by Mr. Balguy,
Q. I believe you are a surgeon 1 A. I profess surgery.
C. Where do you live ? A. At Rugby.
Q. Do you remember going at any time to Lawford Hall, and seeing cap-
tain Donellan 1 A. Yes.
Q. When was it ? A. On the Tuesday, the morning after Dr. Rattray and
Mr. Wilmer had been there to look at the body.
Q. \Vas you sent for, or did you go of your own accord ? A. I was not
sent for ; I went of my own accord.
Q. Did you see captain Donellan at that time? A. I did.
Q. What conversation passed between you and captain Donellan. A. I
cannot recollect every word that passed ; but I told Mr. Donellan, " I had
heard that Dr. Rattray and Mr. Wilmer had been there ; that I was informed
he and the rest of the family wanted the body of sir Theodosius Boughton
to be opened ; that I heard they declined opening it on account of the putrid
state it was in ; but if it would be any satisfaction to the family, I would, at
all events, take out the stomach."
Q. Was you permitted to take out the stomach, or to act at all in the af-
fair ] A. No, I was not.
Q. Why was you not permitted ] A. Mr. Donellan's reason which he
gave was, "that Dr. Rattray and Mr. Wilmer had been there, and had de-
clined opening the body ; and it would not be fair in him or us to do any
thino-, after men so eminent in their profession had declined it" (as he ex-
pressed himself) ; had said it was impossible.
Q. Did any thing else pass between captain Donellan and you ? A. I
went away in consequence of that answer.
Q. Did you go there a second time ? A. I went there the second time on
the next day (Wednesday).
Q. Was that the day on which sir Theodosius Boughton was buried ? A.
It was.
Q. Did you go at that time by any appointment, or to meet any person ?
A. I received a verbal message from sir William Wheeler to go to Lawford
Hall, to meet Mr. Snow; and Mr. Snow and I together were to open the
body.
Q. Did you, in consequence of that message, go to Lawford Hall that day ?
A. I did.
Q. At what time of day did you get there 1 A. 1 believe it was about
two o'clock.
Q. Did you see captain Donellan at that time ? A. I did.
Q, What passed then ? A. I saw captain Donellan in the hall ; I asked
FOR POISONING. 145
him if Mr. Snow was come. He said he was not come. I said, " Pray, sir,
have you received any message or letter from sir "William Wheeler V He said
he had. I told him I had received a verbal message from sir William Wheel-
er, to meet INIr. Snow there ; and we were to get sir Theodosius Boughton's
body into the garden, or any convenient place we thought proper, and to
open it. Captain Donellan said, that he had written to sir William Wheeler,
and likewise to Coventry, to the gentlemen of the faculty there; and he then
waited sir William Wheeler's further orders.
Q. Was you at that time permitted to open the body ? A. I wanted to
attend a patient who was very ill, about two miles from Lawford Hall ; I
took my horse, and within ten yards of the gates, I met a stranger riding a
great pace, who desired I would come to see that patient I was then going to
see, for he thought she was dying. I left word, before I went, that 1 should
be back again ; I believe I mentioned the time, that it might be an hour and
an half, I imagined.
Q. Who did you leave word with T A. I spoke it openly in the hall ;
there were a great many people there ; the bearers were ready.
Q. Do you know whether captain Donellan was there ? A. He was ; I don't
know whether he heard me speak those words, but I rather believe he did.
Q. Did you return at the time you promised ? A. I had not rode above a
mile from Lawford Hall, when I heard a person calling after me, who was
upon a full gallop ; he told me Mr. Snow was come. I dare say I could not
have been gone three minutes before Mr. Snow came. I told the person I
Avould be back in an hour ; but could not return back then, as I had received
a message from a patient, who, in all probability, was dying.
Q. Did you come back in an hour 1 A. I came back, 1 believe, in the hour.
Q. What passed then; was Mr. Snow there? A. I asked captain Donel-
lan if Mr. Snow was gone. He said " he ivas, and he had given them orders
what to do, and they were proceeding according to those orders ; but," says
he, " I am sorry you should have given yourself all this unnecessary trouble."
I took my horse, and rode away as fast as I could.
William Frost sworn — Examined by Mr. Dighy.
Q. Did you live in the service of lady Boughton at the time of sir Theo-
dosius Boughton's death ? A. Yes, as coachman.
Q. On the day of sir Theodosius Boughton's death, did any thing pass
between you and captain Donellan, and what ? A. I will tell you as near as
possibly I can. The morning that sir The died, the captain and my lady
were to go to the Wells to drink the water ; they ordered me to get the horses
ready. I got them ready near about seven o'clock in the morning ; I took
them to the gate. Captain Donellan came out to the gate, and felt the horse
girths; he said, '■'■ ./Ire they fast, William?'''' I said, " they are." He said,
" I will go and see if my lady is ready. ''^ He came back and said, " My lady
is not ready yet ; I will take my mare and go to the Wells." I took the horses
in. When I had been in the stable a considerable time, lady Boughton came,
and called, " William." I said, " My lady." She said, " You must go for
Mr. Powell, and fetch him as fast as possible; my son is dangerously ill."
I said there was none but her horse in the stable. She said that would not
go fast enough ; I must get the mare. I told her that captain Donellan had
the mare. She bid me go and meet him, and take the mare. I shut the door,
and went towards the gate; the captain came inside the gate. I told him I
was to go to Mr. Powell's. Captain Donellan made some answer, but what
it was I did not take particular notice : I took the mare, and went.
Q. When you came back from Mr. Powell, was you called by captain Do-
nellan into the parlour ] A. I was called into the parlour by captain Donellan ;
but whether it was the same morning, or a morning or two after, I cannot re-
collect. I was called into the parlour : when I came to the parlour door, he
said, " William, which gate did I come out at that morning ]" I looked at him,
N 19
l>
146 JOHN DONELLAN, ESQ.
and said, " At the iron gates." He said, " Look, lady Boiighton, what Wil-
liam says." Afterwards he said, I should be a clear evidence for him about
his coming out that gate.
Samuel Frost sworn — Examined hy 3fr. Howorth.
Q. Were you the servant sent by sir Theodosius Boughton to Mr. Powell
at Rugby, on the Tuesday, for a medicine ? A. I was.
Q. From whom did you receive the medicine T A. From I\Ir. Powell's
own hands.
Q. Into whose hands did you deliver the medicine'! A. Into the hands of
sir Theodosius Boughton.
Q. At what time of the day did you bring it? A. Between five and six
o'clock in the afternoon.
Q. What did he do with the medicine when he received if? A. He went
with it up-stairs.
Q. Were you with him that afternoon a-lishing'? A. About seven o'clock
I was.
Q. Did you stay with him till he returned '? A. I did.
Q. Was captain Donellan along with sir Theodosius Boughton any part of
the time f A. No, he was not.
Q. Was sir Theodosius Boughton on foot or on horseback ? A, He kept
on horseback all the time.
Q. Was it possible for him to wet his feet? A. No, he had his boots on,
and continued on horseback all the time.
Q. Had you occasion to go into his room next morning before he took his
physic ? A. Yes.
Q. At what time did you go 1 A. About six o'clock.
Q. Did you awake him ? A. I did, in order to get some straps to buckle
on a net I was going to carry somewhere.
Q. Who gave you those straps ? A. Sir Theodosius Boughton ; he got out
of his bed, and went into the next room to take them out.
Q. How did he appear at that time in his health ? A. He appeared to be
in a very good state of health.
Sa7nuel Frost, cross-examined hy 3'Ir. Bayrell.
Q. It was between five and six o'clock when you brought the medicine
from Mr. Powell's ? A. About that time.
Q. Was it nearer six or five ? A. I can't say.
Q. How long was it after that, that sir Theodosius Boughton went a-fish-
ing T A. He was a-fishing when I went to him, about seven o'clock.
Q. But when did he go a-fishing? A. I did not see him when he went out,
1 was not in the way.
Q. Where was he when you delivered him the medicine ? A. On the other
side the brook, when I went to him.
Q. Was he a-fishing when you delivered him the medicine? A. No; I
delivered the medicine to him upon the stairs ; his sister stood by him when
I delivered it to him.
Q. What did he do with it? A. I cannot tell what he did with it ; he took
it up-stairs in his hands, and showed it to his sister.
Q. How soon afterwards was it that you saw him at the brook ? A. It might
be a couple of hours afler I gave him the medicine.
Q. Do you know what time he came home ? A. Near nine o'clock, I be-
lieve ; it was quite dark when he came home.
Q. Did your master complain that the physic Mr. Powell had sent him
before made him sick. A. I never heard him make any complaint of it.
Q. Did not you tell Mr. Powell so ? A. Not that physic ; he never said
any thing to me about it.
Q. Did he about any physic ? A. Not to me.
Q. What did you mean by saying not that physic? A. He took one dose
FOR POISONING. 147
of physic, which made him very ill, and he brought it up again ; but he did
not mention any thing to me about it.
Q. Was any other person present besides his sister when you delivered
the medicine to him 1 A. There was not.
Q. What time of day did you generally dine at lady Boughton's 1 A.
About two or three o'clock, or sometimes later.
Q. How soon after dinner had you seen Mr. Donellan ? A. About seven
o'clock, I believe, in the garden.
Q. You had not seen him from dinner time till then 1 A. No.
Q. Who was with him in the garden! A. My lady and madam Donellan.
Q. Did you see nothing of him from dinner time till seven o'clock ] A.
No.
Q. Do you know when Mr. Donellan came home that night 1 A. No.
Court. How long was it after you delivered the medicine to sir Theodo-
sius Boughton, before he got on horseback, and went a-fishing 1 A. I cannot
tell ; I was not in the house when he went.
Mary Lynnes sivorn — Examined hy Mr, JVTieeler,
Q. Did you live servant to Mr. Donellan, at Lawford Hall, a little before
sir Theodosius Boughton's death ? A. Yes.
Q. How long before sir Theodosius Boughton died "? A. I was not there
at his death ; 1 had left the place then.
Q. When did you leave it ? A. I cannot justly tell when I did leave it.
Q. Was it a month or six weeks before sir Theodosius Boughton's death ?
A. About a month, I believe.
Q. How long had you lived there, before you left that place 1 A. I cannot
justly tell.
Q. Did you live there a twelvemonth, or half a year? A. No.
Q. Might you have been there three or four months ] A. I might.
Q. During the time you was there, Mr. Donellan was at that house? A.
All the time" I was there, he was.
Q. Do you know any thing about a still ? A. Yes.
Q. Mention what you know about it. A. I will tell the truth, and nothing
else. Mr. Donellan distilled roses, I do not know that he distilled any thing
else.
Q. ^'here was the still kept? A. Tn what he called his own room.
Q. Was that the room he slept in ? A. No, he did not sleep there.
Q. Was the room of that door locked? A. He slept there when madam
Donellan was brought to bed, but at no time else while I was there.
Q. Was that room locked in which the still was ? A. It was kept locked
before Mrs. Donellan was brought to bed, but when she was brought to bed,
it was open.
Q, Do you know any thing of his using this still frequently ? A. Yes, dis-
tilling roses ; I do not know that he distilled any thing else.
Q. Was that done frequently ? A. Yes; I cannot tell how long he distilled,
but he distilled a good while.
Francis Jlmos sworn — Examined by Mr. Howorth.
Q. Did you live at Lawford Hall at the time of the death of sir Theodosius
Boughton ? A. Yes.
Q. In what capacity ? A. Gardener.
Q. Do you remember being out a-fishing with sir Theodosius Boughton
the night before he died ? A. Yes.
Q. VVas you with him the whole of the time he was fishing ? A. I was.
Q. Was Mr. Donellan fishing with him ? A. He was not.
Q. Do you remember seeing Mr. Donellan on the evening sir Theodosius
Boughton died ? A. Yes, I saw him in the garden.
Q. I am asking you if you saw Mr. Donellan on the evening after the
148 JOHN DONELLAN, ESQ.
death of sir Theodosius Boughton, and whether you had any conversation
with him "? A. At night I had.
Q. What did he say to you 1 A. He came into the garden to me ; he said,
" How, gardener, you shall live at your ease, and wwk at your ease ,- it shall not
be as it was in sir The''s days. I wanted before to be master, but I have got mas-
ter now, and shall be master.''^
Q. Do you know any thing of Mr. Donellan using a still for any purpose 1
A. He brought a still to me to clean, after sir The died ; it was full of lime, and
the lime was wet.
Q. Was any thing said by him about it ] A. He said he used the lime to
kill fleas.
Q. You as gardener, I suppose, know whether he used to gather things in the
garden for the purpose of distilling ? A. He might for what 1 know.
Q. Have you ever got any thing ? A. 1 have got lavender for him to dis-
til, and have taken it into the house.
Q. Have you in your garden any laurel trees ] A. Yes, and bays too, and
lawstinas.
Mr, JVewnham, And cellery 1 A. Yes.
Q. On the morning on which sir Theodosius Boughton died, Mr. Donellan
was with you, for the purpose of getting some pigeons 1 A. Yes.
Q. Did any conversation pass between him and you respecting sir Theo-
dosius Boughton "? A. Yes ; he said, " Gardener, you must go and take a
couple of pigeons directly." I said they were not fit to eat. He said, " It
will make no odds if they are not, for they are for sir The; we must have
them ready against the doctor comes. Poor fellow," says he, "he lies in a
sad^agony now with this damned nasty distemper, the pox; it will be the
death of him."
Q. That was on the morning on which he died ] A. Yes ; as soon as I
went into the house with the pigeons, I met my lady and madam Donellan
at the door ; they were wringing their hands. They said, " It is too late now,
he is dead." They sent me for two women to lay him out.
Francis Amos, cross-examined by Mr, JVewnham.
Q. He was laid out 1 A. Yes
Q. Mr. Fonnereau came there that day ? A. No, he came there the day after.
Q. Did Mr. Fonnereau see him 1 A. Yes.
Q. About what hour was it when the prisoner spoke to you about the
pigeons ? A. It might be about eight o'clock.
Q. How soon was it afterwards that the ladies came out wringing their
hands 1 A. In a very few minutes.
William Crofts sworn — Examined by Mr. Geast.
Q. Did you attend at the taking the coroner's inquisition at Newbold upon
the body of sir Theodosius Boughton] A. I did.
Q. You was, I believe, one of the jury? A. I was.
Q. Lady Boughton was examined upon that occasion 1 A. Yes, she was.
Q. Did you, during lady Boughton's examination, observe any particular
behaviour in captain Donellan ] — if you did, give an account of it. A. When
lady Boughton said, " Captain Donellan rinsed the bottles," I saw captain
Donellan catch her by the gown, and give her a twitch.
John Darby shire sworn — Examined by Mr, Digby.
Q. You was a prisoner in Warwick jail for debt? A. Yes.
Q. Have you had any conversation with Mr. Donellan ] A. Yes, I have.
Q. How came you to enter into any particular conversation with him ? A.
We were both in one room together ; he had a bed in the same room I had,
for a month or five weeks, I believe. In our conversation in the prison, I used
to tell captain Donellan what I had heard. I remember one time we had a
conversation about sir Theodosius Boughton's being poisoned : I asked cap-
4
FOR POISONING. 149
tain Donellan whether the body was poisoned or not. He said there was no
doubt of it. I said, " For God's sake, captain, who could do it?" He said,
" It was done amongst themselves ; he had no hand in it ; he had nothing to
do with it." I asked who he meant by themselves. He said, himself, lady
Boughton, the footman, and the apothecary.
Q. Who did he mean by himself? A. Sir Theodosius Boughton. I said,
" Sure, he could not do it himself." He said, no, he did not think he did ;
he could not believe he would. I told him I thought the apothecary could
hardly do it, for he had no interest — he would lose a good patient; that his
footman could have no interest in it; and it was very unnatural to suppose
that lady Boughton would do it. He then spoke of lady Boughton, how cove-
tous she was ; he said she had received an anonymous letter the day after
sir Theodosius' death, charging her plump with poisoning sir Theodosius ;
that she called him and read it to him, and she trembled : he said she de-
sired he would not let his wife know of that letter ; and asked him if he
would give up his right to the personal estate, and some estates of about two
hundred pounds a year belonging to the family. I think that was the sub-
stance of that conversation.
John Darby shire, cross-examined by Mr. Newnham.
Q. Had you ever any acquaintance with Mr. Donellan before he came to
Warwick jail ? A. No.
Q. You never had seen him before ? A. Never.
Q. W^hen had you this conversation ? A. In less than a month after he
came into the jail.
Q. Soon after his coming? A. It was not a month, I am sure.
Q. What way of life was you in before you came to this jail ? A. A
tradesman, and a very reputable one.
Q. Not a successful tradesman? A. I have failed.
Q. How often ? A. Twice, the more is my misfortune.
Q. Do you mean twice a bankrupt? A. Yes, but I fell fairly.
Q. Where did you live ? A. At Birmingham.
Q. You know Mr. Pope very well? A. Yes.
Q. And sir Alexander Leith, too? A. I did not know him.
Q. But 3'ou did know Mr. Pope? A. Yes, I did; but not sir Alexander
Leith ; I never spoke to sir Alexander in my life.
Q. What time of the day was it when this conversation happened which
you represent to have been held between you ? A. I fancy it was before
dinner ; we had had that conversation, at least parts of it, frequently ; he
talked of this affair, I suppose, hundreds of times.
Q. So that was his usual account ? A. Not that very language, speaking
about sir Theodosius Boughton's death being imputable to lady Boughton ;
but has said, that he was innocent. He said it was impossible he could do a
thing which was not in his power ,- he said it was never in his power to do it.
Mr. IJoworth. Did the prisoner in any of those conversations ever make a
doubt that sir Theodosius Boughton was poisoned by somebody ? A. Since
Christmas, I think, he has said he was not poisoned.
Q. How lately has he altered in his conversation ? A. I cannot justly say.
Q. Have you in conversation heard him say that he was poisoned. A
Yes, I have.
Sir William Wheeler, Bart., sworn — Examined by Mr. Howorth.
Q. You, I believe, was the guardian of sir Theodosius Boughton ? A.
I was.
Q. Do you remember receiving that letter ? A. Yes, I received that letter
from captain Donellan; it is his handwriting. (The letter read.)
" Bear Sir, — I am very sorry to be the communicator of sir Theodosius'
death to you, which happened this morning ; he has been for some time past
N 2
150 JOHN DONELLAN, ESQ.
under the care of Mr. Powell, of Rugby, for a similar complaint to that which
he had at Eton. Lady Boughton and my wife are inconsolable. They join
me in best respects to lady Wheeler, yourself, and Mr. and Mrs. Sitwell.
We are much concerned to hear of their loss.
" I am, dear sir, with the greatest esteem, your most obedient servant,
" Lawford Hall, August 30, 1780. J. D."
Sir William TJlieeler. This is my answer.
'■'■ Lemington, September 2, 1780.
" Dear Sir, — I received the favour of your letter the day after my return to
Mr. Sitwell's. The sudden and very untimely death of my poor unfortunate
ward gives me great concern; and we condole with lady Boughton, Mrs.
Donellan, and yourself, for his loss. I send a servant ■«ith this, to know
how lady Boughton and Mrs. Donellan do after so sudden and great a shock.
Please to make our respects to them ; at a proper time I shall make my re-
spects to them and you in person.
" I am, dear sir, your obedient humble servant,
"WM. WHEELER.
"To John Donellan, Esq. Lawford Hall."
Q. When was first intimated to you any suspicion of this young gentle-
man having been poisoned 1 A. On Friday, the 1st of September.
Q. Did you, in consequence of that information, write any letter to the
prisoner respecting it. A. On the 3d of September, Mr. Newsarn came to
my house, and read a letter from lord Denbigh ; in consequence of what I
heard from him, I wrote a letter to the prisoner.
Q. Have you that letter, or a copy of it? A. There is a copy of it.
Q. Can you, from 3'our recollection, undertake to say this is a copy of
what you wrote 1 A. It is. (The copy of that letter read.)
'■'■ Lemington, September 4, 1780.
^^Dear Sir, — Since I wrote to you last, I have been applied to, as the guar-
dian of sir Theodosius Boughton, to inquire into the cause of his sudden
death ; and report says, that he was better the morning of his death, and
before he took the physic, than he had been for many weeks, and that he was
taken ill in less than half an hour, and died in two hours after he had swal-
lowed the physic. Supposing this to be true, there is great reason to believe
that the physic was improper, and that it might be the cause of his death :
as it makes a great noise in the country, and as I find I am very much blamed
for not making some inquiry into the affair, I thought it necessary to call
upon Mr. Powell to give an account in what state of health he found sir
Theodosius Boughton when he first attended him; what medicines he gave
him, and particularly the dose of physic that he took the morning of his
death ; and what state he was in at the time of his death. I expect Mr.
Powell here every moment; his character is at stake; and I dare say it will
be a great satisfaction to him to have the body opened ,■ and though it is very
late to do it now, yet it will appear from the stomach whether there is any
thing corrosive in it. As a friend to you, I must say, that it will be a great
satisfaction to me, and I am sure it must be so to you, lady Boughton, and
Mrs. Donellan, when I assure you that it is reported all over the country that
he was killed either by medicine or by poison. The country will never be
convinced to the contrary unless the body is opened, and we shall all be very
much blamed ; therefore, I must request it of you and the family, that the
body may be immediately opened by Mr. Wilmer of Coventry, or I\lr. Snow
of Southam, in the presence of Dr. Rattray, or any other physician that you
and the family think proper. Mr. Powell is now with me; and from his ac-
count, it does not appear that his medicines could be the cause of his death:
he has not given him any mercury since June, and the physic that he took
>
FOR POISONING. 151
the morning' of his death was composed of rhubarb and of jalap, two very
innocent drugs. Mr. Powell says it will be a great satisfaction to him to
have the body opened ; and for the above reasons, I sincerely wish it, as no
reflection can be cast upon me, lady Boughton, or you, if it is done ; and if
it is not, she will be much blamed. I will only add that this affair makes
me very unhappy, as it must do you, lady Boughton, and Mrs. Donellan. I
beg of you to lay this affair before lady Boughton in as tender a manner as
you can, and to point out to her the real necessity of complying with my
request, and to say that it is expected by the country.
" I am, with respect to lady Boughton, yourself, and Mrs. Donellan, your
sincere friend and obliged humble servant, " WM. WHEELER.
"To John Donellan, Esq., Lawford Hall."
I received this answer from Mr. Donellan.
'•'• Dear Sir, — I this moment received a letter from you, by Mr. Powell,
which I communicated to lady Boughton and my wife, and we most cheer-
fully wish to have the body of sir Theodosius opened, for the general
satisfaction, and the sooner it is done the better ; therefore, I wish you could
be here at the time.
"I am, dear sir, with the greatest sincerity, your most obedient and hum-
ble servant,
'' Lawford Hall, Sept. 4th, 1780. "JOHN DONELLAN.
" To Sir William Wheeler, Bart."
" Dear Sir, — I have this moment received the favour of your letter, and I am
very happy to find that lady Boughton, Mrs. Donellan, and yourself approve
of having the body opened. I should wish to show lady Boughton, and every
part of her family, every respect that is in my power; but it would be very
improper for me, or indeed any other person, except the faculty, to attend
upon this occasion. One surgeon, a physician, and Mr. Powell should attend
as soon as possible. I hope that you understand, that it is not to satisfy my
curiosity, but the public, that I wish to have this done, and to prevent the
world from blaming any of us that had any thing to do with poor sir Theo-
dosius. I am, with great sincerity, your faithful humble servant,
"WILLL\M WHEELER.
i' To John Donellan Esq., Lawford Hall."
I received this answer from captain Donellan.
" Dear Sir, — Give me leave to express the heartfelt satisfaction I enjoyed in
the receipt of your letter, as it gave lady Boughton, my wife, and self an
opportunity of instantly observing your advice in all respects. I sent for
Dr. Rattray and Dr. Wilmer; they brought another gentleman with them;
Mr. Powell gave them the meeting, and upon receipt of your last letter, I
gave it to them to peruse and act as it directed. The four gentlemen pro-
ceeded accordingly, and I am happy to inform you that they fully satisfied us ;
and I wish you would hear from them the state they found the body in, as it
will be an additional satisfaction to me that you should hear the account
from themselves. Sir Theodosius made a very free use of ointment and other
things, to repel a large b which he had in his groin. So he used to do
at Eaton, and Mr. Jones told me often. I repeatedly advised him to con-
sult Dr. Rattray, or Mr. Carr; but as you know sir Theodosius, you will not
wonder at his going his own way, which he would not be put out of. I can-
not help thinking but that Mr. Powell acted to the best of his judgment for
sir Theodosius in this and the last case, which was but a short time finished
before the latter appeared. Lady Boughton expressed her wishes to sir
Theodosius that he would take proper advice for his complaint; but he
treated hers as he did mine. She and my wife join in best respects.
'' 5fk September, \780. "JOHN DONELLAN.
" To Sir William Wheeler, Bakt."
^:
152 JOHN DONELLAN, ESQ.
Q, Upon the receipt of this letter did you entertain any idea but that the
body had been ojiened ? No.
Q. When were you first undeceived in that particular ? A. On Wednes-
day morning-.
Q. Did you, in consequence of being undeceived, write any letter to Mr.
Donellan ] A. I wrote this letter.
" Dear Sir, — From the letter that I received from you yesterday morning,
I concluded that the body of the late sir Theodosius Boughton had been
opened, and that I should receive an account from the faculty of the state that
they found it in. I have not j'et heard from them, but find that they found
the body in so putrid a state that they thought it not safe to open it: 1 like-
wise find, that a young man of Kugby, ]Mr. Bucknill, did attend and ofier to
open the body, but it was not done. If Bucknill and Snow will do it, I, by
all means, recommend it to you to let it be done, as it must be satisfaction to
you as well as myself to have the cause of his sudden death cleared up to
the world. If there is any danger in opening the body, it is to themselves,
and not to the family, as the body may be taken into the open air. If I am
not misinformed, Mr. Bu(-knill is or was very desirous of opening the body.
" I am, with respects to lady Boughton, Mrs. Donellan, and yourself, your
sincere and obliged humble servant,
"WILLIAM WHEELER.
'^Lemingfon, .Sept. 6fh, 1780.
"If Snow is from home, I do not see any impropriety in Bucknill's doing
it, if he is willing. I will send Snow to Bucknill, that if Bucknill should
be gone to Lawford Hall, he may follow him.
"To John Donellan, Esq., Lawford Hall."
Sir William JVlieeler. This is the answer I received to that letter on the
evening sir Theodosius was buried.
^^ Dear Sir, — In answer to yours, which I this moment received, I now, as
I did yesterday in my letter, refer you and any one that pleases, for the par-
ticulars respecting the state Messrs. Rattray, Wilmer, Powell, and another
gentleman, found sir Theodosius' body in. They, agreeably to your directions,
were by themselves upon that business, and I was in hopes you had seen
them since I wrote to you yesterday morning. IMr. Bucknill, of Rugby,
called liere afterwards, and said he heard that we wanted to have the body
opened. I told him we did, and that I wrote to the above gentleman for that
purpose, and that you had named them to us ; and if you had named him
(Bucknill), we would have sent to him as we did to these gentlemen. We
fixed this day for the corpse to be buried, as being the eighth day since sir
Theodosius died ; and if the coffin had not been soldered by the plumber
(Crooke) from Rugby, Mr. Bucknill should be welcome to inspect the body.
The time fixed for the burial is three o'clock to-day; and if you please to
order it to be postponed until the state of the body is made known to you by
the people you ordered to come here, please to let me know it before. If we
do not hear from you, we conclude j'ou have seen some of them ; and lest you
should not, I will send to Dr. Rattray to call upon you directly, and bring
with him my note to him to come here with Mr. Wilmer to open sir Theo-
dosius.
" We are, dear sir, your most humble servants, and in particular,
"JOHN DONELLAN.
" ./? rjuarter before one o'clock, TVednesday.
"To Sir William Wheeler, Bart."
Sir William TVheeler sworn — Cross-examined by Mr. Keumham.
Q. Did you know the late sir Edward Boughton "? A. I did very well
J5*-
FOR POISONING. 153
Q. Do you recollect what he died of? A. He died suddenly, but I don't
know what it was of.
Q. I believe he died as he was walking home T A. I understood so.
Mr. Howorth. What sort of person was sir Edward Boughton ? A. A
short thick-set fat man.
Q. What sort of a person was the late sir Theodosius 1 A. He was very
thin, and was taller than his father.
Court. How far do you live from Lawford Hall ? A. Eight miles the
nearest way; the coach-road is ten miles at least. The servants always go
the coach-way, because the other is a trespass.
" To the Coroner and Gentlemen of the Jury, at Newbold.
" Gentlemen, — My understanding from report that you are to meet again
to-day, I hold it my duty to give you every information I can collect respect-
ing the business which you are upon, exclusive of what happened before you
last Saturday, when lady Boughton and myself was with you. During the
time sir Theodosius was here, great part of it was spent in procuring things
to kill rats, with which this house swarms remarkably. He used to have
arsenic by the pound weight at a time, and laid the same in and about the
house, in various places and in as many forms. We often expostulated with
him about the extreme careless manner in which he acted, respecting him-
self and the family in general ; his answer to us was, that the men servants
knew where he had laid the arsenic, and for us we had no business with it.
At table, we have not knowingly eaten any thing for many months past which
we perceived him to touch, as we well knew his extreme inattention to the
bad effects of the various things he frequently used to send for, for tlie above
purposes, as well as for making up horse medicines ; he used to make up
vast quantities of Gulard, from a receipt which he had from Mrs. Newsam ;
she will give you a copy of it, if you please, and it will speak for itself.
Since sir Theodosius' death, the gardener collected several fish which sir
Theodosius laid : he used to split them and rub the stuiT upon them ; the
gardener was ordered to bury the fish. The present men servants, and the
former ones, for about two years back, with William Mathews, the house
carpenter, can relate the particulars respecting the above having been sir
Theodosius' common practice when he was able, or that he was not a-fishing,
or attending his rabbits, or at carpenter's work. Lady Boughton, my wile,
and self have showed the utmost willingness to satisfy the public respecting
sir Theodosius' death, by every act within the limits of our power. The
accompanying letter from sir William Wheeler will testify the same, as well
as our orders that every one that came to the house should see the corpse
before it was put into the cofiin the fourth day ; and the eighth day the corpse
was sent to the vault at Newbold.
" I am, gentlemen, your most obedient servant,
"JOHN DONE LEAN.
" 14^ Sept. 1780, Thursday, Lawford Uall."
The counsel for the crown called a witness to prove the copy of the letter
which Mr. Howorth in his opening stated to have been sent from the prisoner
to Mrs. Donellan ; but owing to a defect in the evidence, the copy could not
be received.
prisoner's defence, as read by the clerk of the arraigns.
" My Lord and Gentlemen of the Jury, — Permit me, in this unfortunate
situation, to submit to your consideration a few particulars and observations
relating to this horrid charge which has been brought against me.
" Although many false, malevolent, and cruel reports have been circulated
in the public prints and throughout the country, ever since my confinement,
tending to prejudice the minds of the people in an opinion injurious to my
20
154 JOHN DONELLAN, ESQ.
honour and dangerous to my life, I still have confidence that your justice
and humanity cannot be misled by them. My marriage with Mrs. Donellan,
in the year 1777, was with the entire approbation of her friends and guardians ;
and to convince both her and them of my honourable intentions, 1 entered
into articles for the immediate settling of her whole fortune on herself and chil-
dren, and deprived myself of the possibility of even enjoying a life-estate in
case of her death; and this settlement did not extend only to her then fortune,
but to all future expectancies. Ever since my marriage the deceased and
myself lived in perfect friendship and cordiality ; and it is well known to the
family, and to many respectable persons, that upon several occasions of
danger to his life, which the deceased had unguardedly fallen into, I have
stepped in and prevented it. Such instances of friendship on my part are, I
trust, sufficient to convince you that I could never entertain any design
against his life. Immediately after the death of sir Theodosius, I wrote a
letter to sir William Wheeler, one of his guardians, to acquaint him of the
melancholy event; and to my letter sir William Wheeler sent an answer,
condoling with the family for the loss. A few days alter, I think on the 4th
of September, I received a second letter from sir William, respecting the
surprise which had arisen in the country respecting sir Theodosius' death,
and his wish to have the body opened for general satisfaction. This letter
was brouo-ht me by Mr. Powell, and so anxious was I to give that satisfac-
tion, that by him I returned an answer, expressing the cheerful acquiescence
of myself and the family to his propositions, and immediately after sent a
servant to Coventry to Mr. Wilmer and Dr. Rattray (gentlemen alluded to
in sir William's letter), requesting them to be at Lawford directly to perform
the operation. These gentlemen arrived there about nine o'clock at night,
' wiien I produced to them sir William's letter, and desired they would
pursue his instructions.' They accordingly, with Mr. Powell, went up-stairs
and examined the body ; and after continuing there some time, returned and
informed the family, that the same w^as so putrid, it was not only dangerous
to approach it, but impossible at that time to discover the cause of sir Theo-
dosius' death. I then expressed my wish that sir William might be ac-
quainted with the result of their attendance ; and I think Dr. Rattray
promised to wait upon him the next morning for that purpose. But by a
letter I received from sir William, soon afterwards, I found Dr. Rattray had
not been with him, and therefore immediately sent a letter to Mr. Wilmer,
particularly requesting that he and Dr. Rattray v/ould, on receipt thereof,
wait on sir W' illiam Wheeler ; to which he wrote me an answer, informing
me that he was then engaged in a case of midwifery; but, that as soon as
he should be disengaged, he would comply with my request; and further
informed me, that Dr. Rattray was then from home; that if he should return
before he (Mr. Wilmer) left Coventry, he would communicate my wishes
to him.
" Soon after this, a Mr. Bucknill called at Lawford, and said that he had
understood that 1 wished to have the body of sir Theodosius opened. I in-
formed him that it was my wish; but that Mr. Wilmer, Dr. Rattray, and
Mr. Powell had attended the preceding evening, and declared that from the
high state of putrefaction the body was in, it was not only unsafe to open it,
but at that time impossible to form any opinion with respect to the same.
However, I told him that I should nevertheless think myself obliged to him
to undertake the matter, if he would wait upon sir William Wheeler, and
obtain his consent to do it. Mr. Bucknill then left me, and the next morn-
ing, being the 6th of September, I received another letter from sir William
Wheeler," wherein he mentioned that he had been informed of Mr. Bucknill's
having expressed a wish to open the body, and that therefore he had requested
Mr. Snow (the apothecary of his family) to call upon him, and take him to
Lawford for that purpose ; in which letter Sir William also recommended to
me to let them open the body, if they should attend.
FOR POISONING. I55
" This day had been fixed upon, several days prior to the same, for sirTheo-
dosius' funeral, and the tenants and others invited were then there ready to
attend the same. About three o'clock that afternoon, Mr. Hucknill arrived
alone ; and immediately on his arrival, I asked him if the plumber and carpen-
ter (who were then there) should open the coflin, who desired they might
wait till Mr. Snow should attend. Mr. Bucknill waited some time, and then
informed me that he must go, but said he would return again ; and desired that,
if Mr. Snow should arrive in the mean time, he might wait. I pressed him
to stay, but he said he could not do it.
" Soon after Mr. Bucknill was gone, Mr. Snow arrived, and waited a consi-
derable time for Mr. Bucknill's return ; but on his not arriving, he at length
sent for the plumber and others into the parlour, and after examining them as
to the putridity of the body, declared he would not be concerned in opening it
for sir Theodosius' estate ; and, recommending it to the family to have the
same buried that afternoon, immediately left Lawford before Mr. Bucknill's
return.
" The body was therefore buried that evening, but not by my directions or
desire.
" This, my lord and gentlemen of the jury, was the undisguised part I took ;
but such is my misfortune, that not only a gentleman, unused to attend this
bar, whose persuasive abilities the most conscious innocence must tremble at,
has been called in against me, but the most trifling actions and expressions
have been handled to my prejudice ; my private letters have been broken open,
and many other unjustifiable steps have been taken to prejudice the world
and imbitter my defence. However, depending upon the conscience of my
judge, and the unprejudiced impartiality of my jury, I trust my honour will
be protected by their verdict."
For the prisoner, Andrew Miller sworn — Examined by Mr. Dayrell.
Q. You are, I understand, postmaster at Rugby ? A. Yes, I am.
Q. Did you keep the Bear inn, at Rugby, at the time the assembly was
held at that house ] A. Yes.
Q. Do you remember any quarrel happening at your house between sir
Theodosius Boughton and Mr. Wildgoose? A. Yes.
Q. How long was it ago ] A. It was on Tuesday, the 1st of June, 1778.
Q. Do you remember whether Mr. Donellan was sent for or not on the
occasion ] A. I remember something of it.
Q. Do you remember Mr. Donellan's coming 1 A. Yes, I do.
Q. Do you remember what part Mr. Donellan acted upon that occasion 1
A. I thought at that time that he acted in such a manner as to prevent their
fighting.
Q. Were any applications made to you to deliver up to the prosecutor's
attorney any letters that might come from Captain Donellan ] A. I don't
recollect; I don't understand what you said about the letters ; I remember
something of some letters.
Mr. George Loggie sworn — Examined by Mr. Green.
Q. Do you know Mr. Chartres, a clergyman? A. Yes.
Q. Do you know of any misunderstanding, or a quarrel between him and
sir Theodosius Boughton] A. Yes I was present at the time; I don't recol-
lect the exact time, but it was about a year and a half ago. Part of the quar-
rel was between sir Theodosius Boughton and a Mr. Miller ; Mr. Chartres
interfered to accommodate the matter ; Mr. Miller asked pardon, and sir
Theodosius forgave Mr. Miller. Then sir Theodosius insisted upon fighting
Mr. Chartres in consequence of that ; sir Theodosius sent for captain Donel-
lan; the captain came over the next morning in consequence of the letter,
and interfered as a mediator; but I considered the matter .as settled before
the captain came.
156 JOHN DONELLAN, ESQ.
Mr. John Hunter siuorn — Examined by Mr, Newnham.
Q, Have you heard the evidence that has been given by these gentlemen %
A. I have been present the whole time.
Q. Did you hear lady Boufrhton's evidence ? A. I heard the whole.
Q. Did you attend to the symptoms her ladyship described as appearing
upon sir Theodosius Boughtnn after the medicine was given him ] A. I did.
Q. Can any certain inference, upon physical or chirurgical principles, be
drawn from those symptoms, or from the appearances, externally or internal-
ly, of the body, to enable you, in your judgment, to decide that the death was
occasioned by poison? A. 1 was in London then; a gentleman who is in
court waited upon me with a copy of the examination of ]Mr. Powell and
lady Boughton,and an account of the dissection, and the physical gentleman's
opinion upon that dissection.
Q. I don't wish to go into that — T put my question in a general way. A.
The whole appearances upon the dissection explain nothing but putrefaction.
Q. You have been long in the habit of dissecting human subjects ? I pre-
sume you have dissected more than any man in Europe ? A. I have dissected
some thousands during these thirty-three years.
Q. Are those appearances you have heard described such, in your judg-
ment, as are the result of putrefaction in dead subjects'? A. Entirely.
Q. Are the symptoms that appeared after the medicine was given such as
necessarily conclude that the person had taken poison? A. Certainly not.
Q. If an apoplexy had come on, would not the symptoms have been nearly
or somewhat similar? A. Very much the same.
Q. Have you ever known or heard of a young subject dying of an apo-
plectic or epileptic fit? A. Certainly; but with regard to the apoplexy, not
so frequent: young subjects will perhaps die more frequently of epilepsies
than old ones ; children are dying every day from teething, which is a spe-
cies of epilepsy arising from an irritation.
Q. Did you ever in your practice know an instance of laurel water being
given to a human subject? A. No, never.
Q. Is any certain analogy to be drawn from the eifects of any given spe-
cies of poison upon an animal of the brute creation, to that it may have upon
a human subject? A. As far as my experience goes, which is not a very
confined one, because I have poisoned some thousands of animals, they are
very near the same : opium, for instance, will poison a dog similar to a man ;
arsenic will have very near the same effect upon a dog as it would have, 1
take it for granted, upon a man : I know something of the effects of them,
and I believe their operations will be nearly similar.
Q. Are there not many things which will kill animals almost instanta-
neously, that will have no detrimental or noxious effect upon a human subject;
spirits, for instance, occur to me ? A. I apprehend a great deal depends upon
the mode of experiment; no man is fit to make one but those who have made
many, and paid considerable attention to all the circumstances that relate to
experiments : it is a common experiment, which, I believe, seldom fails, and
it is in the mouth of everybody, that a little brandy will kill a cat. I have
made the experiment, and have killed several cats, but it is a false experi-
ment; in all those cases where it kills the cat, it kills the cat by getting into
her lungs, not into her stomach ; because, if you convey the same quantity
of brandy, or three times as much, into the stomach, in such a way as the
lungs shall not be affected, the cat will not die. Now, in those experiments
that are made by forcing an animal to drink, there are two operations going
on; one is a refusing the liquor by the animal — its kicking and working with
its throat to refuse it; the other is, a forcing the liquor upon the animal ; and
there are very few operations of that kind, but some of the liquor gets into
the lungs ; I have known it from experience.
Q. If you had been called upon to dissect a body supposed to have died of
• '' ..
FOR POISONING. I57
poison, should you, or not, have thought it necessary to have pursued your
search through the guts ] A. Certainly.
Q. Do you not apprehend that you would have heen more likely to re-
ceive information from thence than any other part of the frame 1 A. That
is the tract of the poison, and I certainly should have followed that tract
through.
Q. You have heard of the froth issuing from sir Theodosius' mouth, a
minute or two before he died; is that peculiar to a man dying of poison, or
is it not very common in many other complaints ] A. I fancy it is a general
effect, of people dying in what you may call health, in an apoplexy or epi-
lepsy, in all sudden deaths where the person was a moment before that in
perfect health.
Q. Have you ever had an opportunity of seeing such appearances upon
such subjects'? A. Hundreds of times.
Q. Should you consider yourself bound, by such an appearance, to impute
the death of the subject to poison? A. No, certainly not; I should rather
suspect an apoplexy, and I wish, in this case, the head had been opened to
remove all doubts.
Q. If the head had been opened, do you apprehend all doubts would have
been removed 1 A. It would have been still farther removed ; because, al-
though the body was putrid, so that no one could tell whether it was a recent
inflammation, yet an apoplexy arises from an extravasation of blood in the
brain, which would have laid in a coagulum. I apprehend, although the body
was putrid, that would have been much more visible than the effect any poi-
son could have had upon the stomach or intestines.
Q. Then, in your judgment >ipon the appearances the gentlemen have
described, no inference can be drawn from thence that sir Theodosius Bough-
ton died of poison? A. Certainly not; it does not give the least suspicion.
Mr, John Hunter, cross-examined by Mr. Howorth.
Q. Having heard the account to-day, that sir Theodosius Boughton, appa-
rently in perfect health, had swallowed a draught which had produced the
symptoms described, I ask you whether any reasonable man can entertain a
doubt but that draught, whatever it was, produced those appearances ? A. I
don't know well what answer to make to that question.
Q. Having heard the account given of the health of this young gentleman,
on that morning, previous to taking the draught, and the symptoms that were
produced immediately upon taking the draught, I ask your opinion, as a man
of judgment, whether you don't think that draught was the occasion of his
death"? A. With regard to his being in health, that explains nothing; we
frequently, and indeed generally, see the healthiest people dying suddenly ;
therefore, I shall lay little stress upon that : as to the circumstances of the
draught, I own they are suspicious ; every man is just as good a judge as I am.
Court. You are to give your opinion upon the symptoms only, not upon
any other evidence given.
Q. Upon the symptoms immediately produced, after the swallowing of that
draught, I ask whether, in your judgment and opinion, that draught did not
occasion his death ] A. I can only say that it is a circumstance in favour of
such an opinion.
Court. That the draught was the occasion of his death 1 A. Not because
the symptoms afterwards are those of a man dying who was before in perfect
health ; a man dying of an epilepsy or apoplexy, the symptoms would give
one those general ideas.
Court. It is the general idea you are asked about now ; from the symp-
toms which appeared upon sir Theodosius immediately after he took the
draught, foHowed by his death so very soon after, whether, upon that part of
the case, you are of opinion that the draught was the occasion of his death T
A. If I knew the draught was poison, I should say, most probably, the symp-
158 JOHN DONELLAN, ESQ.
toms arose from tlmt ; but -when I don't know that that draught was poison,
when I consider that a number of other things might occasion his death, I cannot
answer positively to it.
Court, You recollect the circumstance that was mentioned of a violent
heaving in the stomach 1 A. All that is the effect of the voluntary action
being lost, and nothing going on but the involuntary.
Mr. Hvwurlh, Then you decline giving any opinion upon the subject?
A. I don't form any opinion to myself; I cannot form an opinion, because
I can conceive, if he had taken a draught of poison, it arose from that; I
can conceive it might arise from other causes.
Q. If you are at all acquainted with the effects and operations of distilled
laurel water, whether the having swallowed a draught of that would not have
produced the symptoms described'? A.I should suppose it would ; I can
only say this of the experiments I have made with laurel water upon ani-
mals, it has not been near so quick. I have injected laurel water directly
into the blood of dogs, and they have not died ; I have thrown laurel water
with a precaution into ine stomach, and it never produced so quick an effect
with me as described by those gentlemen.
Q. But you admit that laurel water would have produced symptoms such
as have been described 1 A. I can conceive it might.
Mr. Newnham. Would not an apoplexy or an epileps)', if it had seized
sir Theodosius Boughton at this time, though he had taken no physic at all,
have produced similar symptoms tool A. Certainly.
Q. Where a father has died of an apoplexy, is not that understood, in some
measure, to be constitutional ] A. There is no disease whatever that becomes
constitutional but what can be given to a child. There is no disease which
is acquired that can be given to a child ; but whatever is constitutional in
the father, the father has a power of giving that to the cliildren, by which it
becomes what is called hereditary ; there is no such thing as hereditary dis-
ease, but there is an hereditary disposition for a disease.
Mr. Hov:orth. Do you call apoplexy constitutional ? A. We see most
diseases are constitutional ; the small-pox is constitutional, though it requires
an immediate cause to produce the effects; the venereal disease is hereditary ;
I conceive apoplexy as much constitutional as any disease whatever.
Q. Is apoplexy likely to attack a thin young man, who had been in a
course of taking cooling medicines before? A. Not so likely, surely, as an-
other man ; but I have in my account of dissections two young women dying
of apoplexies.
Q. But in such a habit of body particularly, attended with the circumstance
of having taken cooling medicines, it was very unlikel}'^ to happen? A. I
do not know the nature of medicines so well as to know that it would hin-
der an apoplexy from taking effect.
Court. Give me in your opinion in the best manner you can, one wa}^ or
the other, whether, upon the whole of the symptoms described, the death pro-
ceeded from that medicine, or any other cause ? k. I do not mean to equivo-
cate; but when I tell the sentiments of my own mind, what I feel at the time,
lean give nothing decisive.
Mr. Justice Buller : — " Gentlemen of the jurj/, — The prisoner at the bar
John Donellan, stands indicted for the wilful murder of sir Theodosius
Boughton, which is charged to have been effected by poison.
" Before I state the evidence, I will take notice of a circumstance mentioned
by the prisoner in his defence, which is, that a great many false and cruel
reports have been circulated in the public prints through the country, ever
sincehisconfinement, tending to prejudice the minds of the people against him.
If such have been printed, it has been extremely im})roper and highly criminal,
for there is nothing which tends more to corrupt the course of justice than
attempting to prejudice men's minds before the cause comes to be tried.
FOR POISONING. 159
Whether the fact be true or false is what I cannot say, for I really do not
know of my own knowledge ; but if it be true, I am confident you will take
care to strip your minds of every thing you may have heard of this cause
before you got into that box ; and you will consider it coolly and deliberately
upon the evidence given before you, and pronounce one way or the other,
agreeably to what appears to you to be the truth of the case ; and that in the
verdict which may be finally given, whatever that may be, you will take
nothing into your consideration that has not been proved in the course of the
trial. On the part of the prosecution a great deal of evidence has been laid
before you. It is all circumstantial evidence, and in its nature it must be so,
for in cases of this sort, no man is weak enough to commit the act in the
presence of other persons, or to suffer them to see what he does at the time ;
and, therefore, it can only be made out by circumstances either before the
committing of the act — at the time when it was committed — or subsequent to it.
And a presumption, which necessarily arises from circumstances, is often
more convincing, and more satisfactory, than any other kind of evidence ;
because it is not within the reach and compass of human abilities to invent a
train of circumstances which shall be so connected together as to amount to a
proof of guilt, without affording opportunities of contradicting a great part,
if not all of those circumstances. I5ut if the circumstances are such as, when
laid together, bring conviction to your minds, it is then fully equal, if not,
as I told you before, more convincing than positive evidence. Whether the
circumstances in this case do or do not amount to that conviction, is a matter
for your discussion. I will state the evidence as I have penned it down ; and
I trust I have not omitted any thing that is material, though I am conscious I
have taken down a great deal that may not be material ; and if I am thought
by the counsel on either side to omit any thing material, I beg they will cor-
rect me, and I shall be glad to receive correction at their hands."
His lordship now summed up the evidence on both sides, and then pro-
ceeded thus : —
" Gentlemen^ — This is the whole of the evidence on the part of the prosecu-
tion, and on the part of the prisoner; but in so long a trial as this has been,
I don't think I should discharge my duty if I rested contented with doing
nothing more than merely stating the evidence which has been given in
a cause of so great length, consisting of such a variety of circumstances. I
hold it to be a duty which I owe to the public, and which I owe to you, to
state to you what are the impressions that the evidence makes upon my
mind, and to give you my observations u})on it; but at the same time pre-
viously to inform you, that you are not to adopt any opinion because it is
mine : you are to consider the evidence yourselves ; you are to form your own
opinions ; and if you differ from me in one, in any, or in all of the reasons I give,
it is your judgment, and not mine, that must decide this cause. Now, there
are two questions for you to consider; the first is, did the deceased die of
poison ? With respect to that, you have had tlie evidence, on the part of the
prosecution, of a great number of very able men in the physical line, who
have given you their opinions that they have no doubt but that the death
was occasioned by poison. The first of the physicians called is Dr. Rat-
tray ; he says, he has no doubt at all but the medicine was the cause of the
death, and, in his opinion, the appearances which he saw upon the body could
not arise from putrefaction. He has taken great pains to inform himself of
the effects of laurel water ; he has tried various experiments, and has told
you the effect each experiment produced. He mentioned the circumstance of
a biting upon his tongue on opening the body of sir Theodosius Boughton,
which likewise affected him in all the experiments he made afterwards; and
from thence, he says, he is satisfied that the biting which he felt upon his
tongue, at the time he opened this body, did proceed in some m.easure from
laurel water. He says he never saw any heaving of the stomach attend either
an epilepsy or an apoplexy. Mr. Wilmer says, that though from the appear-
160 JOHN DONELLAN, ESQ.
ances of the body he is not able to form any opinion of the cause of the
death, yet he is now clearly of opinion that sir Theodosius Boughton's death
was occasioned by the draught administered by lady Boughton. He is asked
about the epilepsy, and he says the heaving of the stomach is not a circum-
stance attending epilepsies. Another circumstance to be attended to upon
the evidence is, that when they came to Lawford Hall, neither of them were
told that there was the smallest suspicion that poison had been administered
to sir Theodosius. If they had been, they both swear, in the strongest terms,
that they would have opened the body at all events. Doctor Ash argues
in opinion with them that sir Theodosius died in consequence of the draught;
and he says that he can attribute the effects and symptoms which have been
spoken of to nothing but poison; that the appearances, as mentioned upon the
bodies of animals upon which this poison was used, were similar to those
symptoms which appear when an animal is killed by vegetable poison.
" Doctor Parsons agrees in the same opinion that sir Theodosius Boughton
did die of the poison ; and he says that the smell is a great characteristic of
laurel water. He agrees that the heavings are to be attributed to the effect
of the medicine ; his words were, 'they must be attributed to the effects of
the medicine undoubtedly,' and that the laurel water will produce all the effects
that have been mentioned.
" Gentlemen, these are the gentlemen of the faculty who have given their
opinion on the part of the prosecution.
" For the prisoner, you have had one gentleman called, who is likewise of
the faculty, and a very able man. I can hardly say what his opinion is, for he
does not seem to have formed any opinion at all of the matter. He at first
said, he could not form an opinion whether the death was or was not occa-
sioned by the poison, because he could conceive that it might be ascribed to
other causes. I wished very much to have got a direct answer from Mr.
Hunter, if I could, what upon the whole, was now the result of his attention
and application to the subject, and what was his present opinion ; but he says
he can say nothing decisive. So that upon this point, if you are to determine
upon the evidence of the gentlemen who are skilled in the faculty only, you
have the very positive opinion of four or five gentlemen of the faculty that the
deceased did die of poison. On the other side, you have what I really cannot
myself call more than the doubt of another ; for it is agreed by Mr. Hunter
that the laurel water would produce the symptoms which are described. He
says an epilepsy or an apoplexy would produce the same symptoms ; but
as to an apoplexy, it is not likely to attack so thin and so young a man as
sir Theodosius was ; and as to an epilepsy, the other witnesses tell you they
don't think the symptoms which have been spoken of do show that sir
Theodosius had any epilepsy at the time.
" Gentlemen, this is the case as it stands upon the evidence of the physical
gentleman only ; but if there be a doubt upon that evidence, we must take
into consideration all the other circumstances, either to show that there was
poison administered, or that there was not; and every part of the prisoner's
conduct is material to be considered. The first evidence that has been spoken
of is, that for three weeks or more before the death, the prisoner had enter-
tained doubts that something or other might happen to sir Theodosius before
he came of age. This is sworn to by lady Boughton. On the evening before
sir Theodosius died, the prisoner came out of the house into the garden about
seven o'clock ; and what is then his address to lady Boughton and his wife ?
He says, ' he has been to see sir The fishing, and that he had been persuading
sir The to come in, lest he should take cold, but could not.' Is that true 1 You
have it sworn by a servant who was with sir Theodosius Boughton all the
time, that the prisoner was not with him at all. What was there, then, that
called upon the prisoner unnecessarily to tell such a story 1 If you can
find an answer to it that does not impute guilt to the prisoner, and if it be
such an answer as you think is a fair and reasonable one, you will adopt it ;
FOR POISONING. 161
but upon this fact, and upon many others that I must point out to your atten-
tion, I can only say, that it frequently happens, that unnecessary, strange,
and contradictory declarations cannot be accounted for, otherwise, than by a
fatality which attends guilt. Then, you have it sworn by lady Boughton,
that the prisoner, when he came up into the bed-chamber, accosted her in a
manner as if he knew nothing of what had been doing; he asked, what do
you want 1 Why, had he heard nothing about it ? The servant had told him
what lady Boughton had said, and that he was going in a great hurry for the
apothecary, Powell. Lady Boughton then told him, she thought, if such
physic had been given to a dog, it would have killed him. What is the next
step taken by the prisoner] He asks for the bottle. Is he not apprized
at that time by lady Boughton that she suspected what it was that killed
sir Theodosius, for though she does not use the term poison, she says she
thought, if such physic had been given to a dog, it would have killed him.
Then v/hat is the next thing done by the prisoner ] He asks her which is
the bottled She shows it to him; when he had got it in his hand, he asks
again, is this it ] She says, yes. He immediately pours in water, and
washes it out. Now, gentlemen, can you find a reason for that 1 Was there
any thing so likely to lead to a discovery as the small remains, however
small they might have been, of medicine in the bottle ; but that is destroyed by
the prisoner. In the moment he is doing it, he is found fault with. What
does he do next? He takes the second bottle, pours water into that, and
washes it also. He is checked by lady Boughton, and asked what he meant
by it, W'hy he meddles with the bottle ? His answer is, he did it to taste it ;
but did he taste the first bottle 1 Lady Boughton swears he did not. The
next thing he does, is to get all the things sent out of the room; for when
Sarah Blundell comes up, he orders her to take away the bottles, the basin,
and the dirty things. He puts the bottles into her hands, aud she was going
to carry them away, but lady Boughton stopped her. Why were all these
things to be removed 1 Why was it necessary for the prisoner, who then was
fully advertised of the consequence by lady Boughton, to insist upon having
every thing removed 1 Why should he be so solicitous to remove every
thing that might lead to a discovery l When they came down stairs, which
was some time afterwards, lady Boughton tells you of another conversation
on the part of the prisoner ; and if you believe that, it shows that what he had
said about tasting the medicine was not from an intention, at the time, to taste
it, but was an after-thought ; for he says to his wife, ' Your mother has been
pleased to take notice of my washing the bottles out ;' and he adds, ' I don't
know what I should have done, if 1 had not thought of saying I put the
water in, and I put my finger upon it to taste it.' This he states afterwards,
as a sudden thought which occurred to him at the instant, as an excuse. She
swears that he did not taste the first bottle at all.
" Then the servant is called ; for the prisoner is anxious to know what he
remembers of the time of his going out. He fixes the time of the prisoner's
going out to be seven in the morning, and then the prisoner answers, ' Will,
you are my evidence.' Now something had passed between the time of the
prisoner's leaving the bed-room and the time of the servants being called into
the parlour, and also between the time of lady Boughton's coming into the
parlour and the time of the servant being called in ; all of which she does
not remember ; and though this expression is extraordinary, yet unless we
knew the whole of what had passed, that expression does not strike me as a
matter which is much to be relied on ; for if lady Boughton had entertained
suspicion of the prisoner's having been in sir Theodosius' room that morning,
and had communicated that suspicion to the prisoner, it is natural enough for
him to call a person to speak to a fact which might relate to that or some-
thing else, which he had said to lady Boughton, or which she had said to
him, and then he might make this answer without adverting to any thing but
what had im.mediately passed between them. The next thing is his conduct
0 2 21
163 JOHN DONELLAN, ESQ.
with respect to the gentlemen of the faculty. He told lady Boughton he
had received a letter from sir William Wheeler, desiring that the body might
be opened ; he read the answer to her, which he wrote after Dr. Rattray had
been there ; she objected to that answer, but the particular reason for object-
ing to it she did not give. In that letter he tells sir William Wheeler that
he has great satisfaction in the receipt of his letter, as it gives him an oppor-
tunity of instantly observing his advice in all respects. He then says he
sent for Dr. Rattray and Mr. Wilmer, who brought with them another person,
who made three, and that Mr. Powell gave them the meeting; so that, ac-
cording to this letter, four persons were present, and which meeting the
prisoner, by his answer, leaves sir William Wheeler to understand had been
a meeting procured in consequence of the letter sir William had himself sent.
The prisoner in that letter says, ' after the receipt of your last letter, I gave it
them to peruse and act as it directed ; the four gentlemen proceeded accord-
ingly, and I am happy to inform you, fully satisfied us.' Now what were
the facts, upon the evidence, which warranted this general expression. Dr.
Rattray and Mr. Wiliner had been in the room ; they had seen nothing hut
the face of the deceased ; they had heard of no suspicion of poison ; they
had never seen the first letter v.hich sir William Wheeler had written to tha
prisoner; and it will be for you to consider, whether by showing them the
second letter only, in which nothing is said about a suspicion of poison, and
keeping back the first, he meant to mislead the doctors; and whether by his
answer to sir William Wheeler, he also intended to mislead him; and that
his answers should have that effect which sir William Wheeler swears it
had upon his mind ; that is, that sir William W'heeler should understand
that the body had been inspected and opened by these gentlemen of the
faculty. The first letter from sir William Wheeler the prisoner never pro-
duced at all, in which sir William had expressly intimated and spoken of the
suspicions about the manner in which sir Theodosius Boughton got his
death; wherein he strongly presses the opening of the body in different
parts of his letter, mentioning the report of the country, that sir Theodosius
Bougiiton had been killed by medicine or by poison; and in which at last
he concludes, begging that the body might be opened. This letter the pri-
soner had, but this letter was not produced. For what purpose was it that
this letter was secreted 1 If it were for the purpose of preventing the body
being opened, and of preventing the doctors from making a fair and full
examination in what way sir Theodosius did get his death, it is then a very
strong circumstance in tne cause ; and j'ou observe that both these witnesses
swear, that if they had had any intimation of poison, which if they had seen
that letter they must have had, they never would have gone away without
opening the body ; so that the body was not opened at that time by the
means of this letter being kept back. But yet it is possible that the prisoner
might suppose that sir William Wheeler's ideas were sufficiently communi-
cated to the physicians and the surgeons by the last letter, and that therefore
it was unnecessary to show the first, and that he did not do it with a view to
suppress from them the suspicions that had been entertained abroad ; and if
you are of that opinion, then this fact ought to have no weight. The next
fact spoken to is, the prisoner's behaviour about the clothes ; he orders them
to be taken out of the room before any person comes, he takes up the stockings
himself, and says they are wet. Was that true? Lady Boughton swears,
positively, that she examined the stockings ; that they were not wet, and
there was no appearance of their having been wet. Another fact which has
been proved in evidence is, the conversation that the prisoner has held about
this unfortunate young man before the time that this happened. ]Mr. New-
sam says, he represented sir Theodosius Boughton to him in a very bad
state of health, that his blood was a mass of mercury and corruption. Is that
truel Two witnesses have been called who attended him, Mr. Powell and
Mr. Carr, and neither of them say a syllable about any mercury being ever
FOR POISONL\G. 163
given to him. The prisoner tells a story to Mr. Newsam about a violent
swelling in the groin, which they wanted to bring to a head, and for that
reason had endeavoured to prevail on the deceased to live well ; but that he
would not do; and that the disease was then at a crisis. Was that true'?
Mr. Powell does not agree in it, for he says it was very trifling, it was
hardly above the skin ; so that in this also he is contradicted by Mr. Powell.
He told Mr. Newsam that sir Theodosius' breath was so offensive, they could
hardly bear it. Of that there is no evidence either way.
"Then they go to facts subsequent to the time when Dr. Rattray was there. On
the day after, Mr. Bucknill, the surgeon, goes, and desires leave to open the body.
What is the prisoner's answer ■? Dr. Rattray and Mr.Wilmer have declined
it, and it would not be fair in us to open it after gentlemen so eminent in the
profession have declined it. What ! in a case where a suspicion of poison had
prevailed, where that had been particularly mentioned by a near friend and rela-
tion of the family, sir W. Wheeler, if a man was to be found who would open
the body, was not the thing to be desired by every person ? But that is refused.
Afterwards Mr. Snow comes to the house ; what passed between the prisoner
and Mr. Snow, we have not heard ; but when Mr. Bucknill comes back again,
he asks the prisoner if Mr. Snow was gone. The prisoner told him yes, he had
been there, and he had given orders what they were to do, and they were
proceeding a<!cordingly. What were the orders? were they any thing more
than that the body should be buried ? Those, the prisoner says in his de-
fence, were the orders ; but Mr. Snow is not called. You have had no evi-
dence of any thing that passed between the prisoner and Snow. You are
told by the prisoner, in his defence, that Snow advised him instantly to bury
the body; and if that were all the advice given, why in such a case should
not the prisoner call Snow to prove what passed between them, and what in-
formation he gave to Snow 1 or why did lie not communicate to Bucknill the
reasons given by Snow ?
" But the prisoner chose to content himself with a general answer to Mr.
Bucknill, that Mr. Snow had given orders what they should do, and they
M'ere proceeding accordingly. They then show yon that the prisoner, for a
long time before this, had been making use of a still ; he had a still in the
house, which he kept in a room that belonged to himself, and was called his
room, and in which, at former times, he had been distilling different things.
That is a circumstance to be considered, but it is a circumstance which, if
alone, would not deserve much weight ; for a man may have such a thing for
a lawful purpose, and he had made use of it sometimes for an honest purpose,
for he used it in distilling lavender and in distilling roses. But, however, this
fact appears, that he had it in his possession long before the time when sir Theo-
dosius Boughtondied ; that he produced it himself within two or three days after
sir Theodosius' death ; that it was then full of lime, and it was wet. The pri-
soner then thought it necessary to assign a reason for the state in which
it was, and he tells the gardener he had used the lime to kill fleas. Now it
is rather an extraordinary thing that it should be thought necessary by him,
at that time, to make an excuse about the still, when no question had been
asked about it. What other conversation is there between the prisoner and
this witness, the gardener? In the morning of that day, the prisoner comes
to the gardener, and tells him, ' You shall work at your ease now. I long
wanted to be master before, but now I am got master, and I shall be master.'
On the same morning he tells the gardener he must get some pigeons ; that
they must have them at ten o'clock for sir Theodosius ; for, poor man, he is
very ill with that nasty disorder. This must have been after he had seen him
in a dying state ; to what cause can we attribute his ordering pigeons to be
killed, and got ready at such an hour as ten o'clock in the morning? The
counsel suggest that the pigeons were to be put to the deceased's feet : this is
a practice we must all have heard of ; but if that were the design, how comes
it, it was never mentioned in the room 1 Not a word is said to lady Bough-
164 JOHN DONELLAN, ESQ.
ton about it, or that any thing- like it was to be done ; but all the conversation
that passed between her and him respects the bottle, and not a word of any-
thing that is likely to be of any use to sir Theodosius Boughton ; though he is
dying, and at the last gasp, soon after eight o'clock, the pigeons are not to be
had until ten.
"Then, as to theconduct of the prisoner before the coroner. Lady Boughton
had mentioned the circumstance of the prisoners rinsing out the bottle ; one of
the coroner's jury swears that he saw the prisoner pull her by her sleeve. Why
did he do that 1 If he was innocent, should it not be his anxious desire, as
he expresses in his letter, that all possible inquiry should be mnde ] What
passes afterwards when they get home. The prisoner tells his wife that lady
Boughton had given this evidence unnecesarily ; that she was not obliged to
say any thing but in answer to questions that were put to her, and that the ques-
tion about rinsing the bottles was not asked her. Did the prisoner mean she
should suppress the truth ] that she should endeavour to avoid a discovery, as
much as she could, by barely s-aying yes, or no, to the questions that were asked
her, and not disclose the whole truth ] If he was innocent, how could the
truth affect him ] But at that time the circumstance of rinsing the bottles ap-
peared even to him to be so decisive, that he stopped her in the instant, and
he blamed her afterwards for having mentioned it. Gentlemen, all these are
very strong facts to show wliat was passing in the prisoner's own mind ; they
are strong facts to show what he was conscious of at that time. Besides that,
the evidence that was given by one of the witnesses, of the conversation that the
prisoner has held since he has been in the jail, is to be considered. You are told,
that for a long time together, beginning within a month after he got into the jail,
he was contumally talking about this affair ; at that time he made no doubt
but that sir Theodosius Boughton had been poisoned. He stated it as a mat-
ter that admitted of no doubt. Within a short time past, that tale has been
altered. Gentlemen, these are tlie material circumstances against the pri-
soner.
"The prisoner in his defence says, and which he would have you believe
from the letter, that he has always been ready to give the utmost satisfaction
in this inquiry ; that he wished to have the body opened ; that he expressed
himself so to the different witnesses ; that he wrote to sir William Wheeler,
desiring him to come over to Lawford Hall, and begged that he (sir William)
would be present at the time. You have heard the letters read, and the ex-
pressions that are made use of. In them he mentions the satisfaction which
lie received from sir William Wheeler's letter, and that it was his desire to
have the body opened. He said to the sursfeon that was examined, that it
was his wish to have the body opened. But the question for you to consider
is, whether, upon the whole of his conduct, he did endeavour to have the body
opened ; for if, upon the whole, he did not attempt to get the body opened, but
has repeatedly prevented it, that will be much stronger than his sa)'ing, once,
twice, or twenty times, that he wished it. If his wish had been sincere, why
w^as the first letter of sir W'illiam Wheeler suppressed, and not shown to the
physician ] It is for you, upon the whole, to say whether you are satisfied
that what he said in one or two of his letters, and what he said to the young
man, the surgeon, was his real intention, and that he did mean that the body
should be opened ; or whether those expressions were only used to throw a
blind upon the case, and still that he endeavoured by every artifice to prevent
it. If he did prevent the opening of the body before it was buried, and meant
to do so, you will consider with what view that could be done. Could it be
done with any view but to suppress the truth 1 If you are satisfied, upon the
whole, that tiie deceased was poisoned, the next question is, by whom was
that poison prepared. You have been truly told by the counsel on the part of
the prosecution, that it is perfectly immaterial what was the kind of poison.
The indictment states it to have been arsenic. B>it it is not necessary, in point
of law, to be proved that any arsenic was administered to the deceased ; for
FOR POISONING. 165
if you are satisfied that he was destroyed by poison, and that the prisoner
mixed up that poison, and put it secretly in the place of a medicine, for the
purpose of being given to sir Theodosius ; and that it afterwards was given
to him, and was the cause of his death ; that is full evidence of the offence
that is charged against him. Now with respect to his being the person, it
must depend upon the evidence I have stated to you before. As against him
every circumstance I have been speaking of is a degree of proof; and that
circumstance (to which I can find no answer whatever) of his rinsing out the
bottle, does carry strong marks of knowledge in him that there was some-
thing in that bottle which he wished should never be discovered.
" The prisoner, in his defence says, that he was not to gain any thing by
sir Theodosius Boughton's death ; that his affairs were so arranged, upon his
marriage, that he never was to get any thing by sir Theodosius' death ; and
therefore, there was no motive that could have led him to the commission of
this crime. Whether there was any settlement made on his marriage, or
what that settlement was, has not appeared in evidence. The prisoner says
further, that he had, in repeated instances, interfered to save this young man
from scrapes. In one instance, it is proved that he did ; and some evidence
is given of another instance, though the witness says that matter was settled
before the prisoner came. However, so far yon must take that for the credit
of the prisoner, that he did go for the purpose of mediation, and preventing
mischief. Another fact of that sort was proved, by lady Boughton, to have
happened at Bath ; and she understood that the prisoner interfered there to
put an end to a dispute sir Theodosius had with another gentleman.
" Now these are facts that are not to be forgotten ; you will take them into
your consideration, and give them all the weight that you think they in justice
deserve; but you will observe that these quarrels are at a distance of time
before the death of sir Theodosius. One of them is at the distance of two
years, and that which lady Boughton speaks of, is, I think, about November,
1778; so that these are facts of his interposing to prevent any mischief that
might arise in consequence of quarrels between the deceased and other per-
sons at a period very distant from that which gave rise to the present inquiry.
On the other hand, it is proved that the prisoner has represented this young
man as in a dangerous state of health, not likely to live long, very recently
before his death; and at a time when sir Theodosius Boughton appeared to
others to be in good health and good spirits ; for the clergyman speaks of a
conversation on the Saturday before his death. You must take all the circum-
stances of the case together into your consideration, and remember that it is
for you to form your own opinions, and to decide upon the fate of the prisoner ;
in the doing of which 1 am sure you will act according to the best of your
judgment and your conscience, to find out the truth of the case; and as you
find that truth, so you will pronounce your verdict."
The trial began at half after seven o'clock in the morning; at twenty-five
minutes after six in the afternoon, the jury withdrew ; they returned into
court, at thirty-four minutes after six, with a verdict finding the prisoner
Guilty.
Sentence. — Mr. Justice Buller. ' •
'■'■John Donellan, — The offence of which you now stand convicted, next to
those which immediately affect the state, the government, and the constitution
of our country, is of the blackest dye that man can commit. For, of all
felonies, murder is the most horrible, and of all murders, poisoning is the
most detestable. Poisoning is a secret act, against which there are no means
of preserving or defending a man's life ; and as far as there can be different
degrees in crimes of the same nature, yours surpasses all that have ever gone
before it. The manner and the place in which this dark deed was transacted,
and the person on whom it was committed, much enhance your guilt. It
was committed in a place where suspicion, at the instant, must have slept ;
► i.
'%^
166 JOHN DONELLAN. ESQ.
where you had aooess as a bosom friend and brother ; where you saw the rising
representative of an ancient family reside in affluence ; but where your ambi-
tion led you proudly, but vainly, to imagine that you might live in splendour
and in happiness, if he, whom you thought your only obstacle, were removed.
Probably, the greatness of his fortune caused the greatness of your offence ;
and I am fully satisfied, upon the evidence given against you, that avarice was
your motive, and hypocrisy afforded you the means of committing this offence ;
that the deed was done by you, which not only hastened him, but must very
soon bring you, to an untimely grave, has been fully proved to the satisfaction
of myself and the jury; and I think it is impossible to find any, even the
meanest capacity amongst the numerous auditory standing around you, that
can doubt about your guilt.
"In most cases of murder, it has pleased Heaven, by some marks or other,
to point out the guilty person ; and all the care and the foresight of the most
cunning and the coolest offenders, have not been able to guard against some
token, some unthought-of circumstance, which has left a door open to a
discovery, which they imagined they had eflectually barred up all access to.
" In your case, the false accounts given by yourself; the misrepresentations
that you have held out to sir William Wheeler ; the endeavours that you have
used to prevent a full inquiry and discovery of the truth of the case; the
strange conversations which you have held at different times ; and, above all,
the circumstance of rinsing out the bottle, leave your guilt without the smallest
doubt. In such a case as A'ours, supported by such cogent proofs as have
been adduced against you, you can receive nothing from the tribunal before
which you now stand but strict and equal justice. But you will soon appear
before an Almighty Judge, whose unfathomable wisdom is able, by means
incomprehensible to our narrow capacities, to reconcile justice with mercy.
Your education must have informed you, and you will do well to remember,
that such beneficence is only to be obtained by deep contrition, by sound,
unfeigned, and substantial repentance. Maj' it please that great and awful
Being, during the short time that is allotted for your existence in this world,
to work that repentance, and that contrition in your mind, which may befit
you for his everlasting mercy. But the punishment which the public has a
right to demand, and which I must inflict upon yon, is speedy and ignomini-
ous death. And the sentence which I now pronounce upon you is —
"That you be taken from hence to the place from whence you came; that
from thence, on INIonday next, j'ou be carried to the place of execution, there
to be hanged by the neck until you are dead ; and that your body be after-
wards delivered to the surgeons to be dissected and anatomized; and may
God Almiglity be merciful to your soul." —
On Monday, the second day of April, the prisoner was executed pursuant
to his sentence.
Fro7n the An77ual Register o/ 1781.
Captain Donellan, convicted of the murder of sir Theodosius Boughton,
about seven in the morning, was carried in a mourning coach from Warwick
jail to the place of execution, and hanged according to his sentence ; after
which, his body was given to the surgeons to be dissected. Before he was
turned off, he addressed the spectators in the following terms. " I'hat as he
was then going to appear before God, to whom all deceit was knoAvn, he so-
lemnly declared that he was innocent of the crime for which he was to sufier."
From the Gentleman's Magazine, August 30tJ>, 17S0.
Jugiisf 31. Died at Lawford Hall, Warwickshire, sir Theodosius Edward
Allesley Boughton, Bart, by whose decease the title and principal part of the
family estates devolve to the late Shuckburgh Boughton, Esq. ; the residue, to
a very considerable amount, passes, in the female line, to the late baronet's
sister, Theodosia Anna Maria Ramsay Beauchamp Boughton Donellan, wife
FOR POISONING. 167
of John Donellan, Esq. late in the service of the hon. the East India com-
pany, by whom she has issue living, one son and one daughter. Tlie friends
of this young baronet, having found reason to suspect that some unfair prac-
tices had been used to put a period to his life, caused his grave to be opened,
and his body taken out, though more than ten days after its interment. Four
surgeons attended, and among other shocking symptoms, which seemed to
contirm the current report that he died of poison, the tongue was found pro-,
jected from the mouth, swelled to an enormous size, and turning upwards so
as nearly to touch the nose ; and the whole corpse was a spectacle of horror
scarce to be endured. The surgeons were unanimously of opinion that he
had been poisoned, but who were the instruments remains to be discovered."
One of the strongest recent instances in England of a conviction on conjectu-
ral evidence, previously to the very late case of Elizabeth Fenning, took place
in 1781, in the affair of captain Donellan, who was condemned and executed
for poisoning his brother-in-law, sir Theodosius Boughton, Bart.
Probably a course of events never existed, which, in calling for an exer-
cise of judgment, required a greater attention to the relative situation of the
principal actors. For this reason, it is thought better to open the present
narrative with a brief account of the family connexion, which a sudden death,
whether a murder or not, so inauspicioiisly dissolved ; and to do so it will be
proper, in the first place, to begin with a few particulars, explanatory of its
formation, and of the previous life and habits of the accused.
Captain Donellan, the son of colonel Donellan, w^as educated at the Royal
Academy, Woolwich, for the regiment of artillery, in which he received a
commission, and proceeded very young to the East Indies. Unfortunately
for him, his views in the army were terminated by some military misde-
meanour, which, either by the sentence of a court-martial, or otherwise,
obliged him to retire from active service. Whatever were the particulars,
which at this distant period we have not been able to ascertain, his demerits
could not have been very flagrant, as he received half-pay on the establish-
ment of the 39lh regiment of foot (for which he had left the artillery) until
his conviction ; and had thoughts of taking orders to enable him to enjoy two
livings, which were in the gift of the Boughton family. It is but fair to
observe, that the first of these facts presumes a mitigated military fault ; and
the second, that such fault was not aggravated by any notorious breach of
moral duty. His marriage with Miss Boughton also took place with the
general consent of her relations, which would scarcely have been the case
had his character been materially impeached. Circumstances of this kind,
however, operate most injuriously against a falling man; and so it proved
with the professional disgrace of captain Donellan, which effected much in
his disfavour when he became suspected of the murder of his brother-in-law.
It was in the year 1777 that his marriage with Miss Boughton, the sister
of sir Theodosius, took place, the said brother and sister being the only sur-
viving children of sir Edward Boughton, Bart, of Lawford Hall, in the
county of Warwick. Sir Edward, by his will, left his son and daughter
under the sole care and management of his widow, their mother, who called
in the family aid of sir Francis Skipworth and sir William Wheeler, the
former of whom died before sir Theodosius ; and as to sir William Wheeler,
he seldom acted but when lady Boughton especially required his advice and
assistance.
At the time of his sister's marriage, sir Theodosius Boughton was just
entering into his seventeenth year, and was a student at Eton, where Mr. and
Mrs. Donellan paid him their nuptial visit, and soon after took up their resi-
dence at Bath. Although captain Donellan possessed little or no fortune of
his own, it has been already observed, that the match was approved of by
168 JOHN DONELLAN, ESQ.
the friends of the lady; to conciliate whom, the captain not only settled the
whole of his wife's actual fortune upon herself, but also every thing which
she might afterwards become entitled to, either by inheritance or legacy.
Such was the apparently happy commencement of an alliance which ended
so disastrously.
Whilst Mr. and Mrs. Donellan resided at Bath, they received a visit from
lady Boughton and the young baronet, who had been removed from Eton in
consequence of ill health arising from youthful imprudence. During this
visit, sir Theodosius, being young and high spirited, engaged in one or two
serious quarrels, from which, it was acknowledged on all sides, that the pru-
dence and experience of captain Donellan were exerted to extricate him
without a duel. Upon lady Boughton's return to Lawford Hall, she wrote
in the most pressing manner to invite the captain and his lady to join her
there, an invitation which they at first declined, but subsequently accepted ;
most unfortunately, as under every view of the case, it produced very melan-
choly consequences. The arrival of captain and Mrs. Donellan at Lawford
Hall occurred in June, 1778, about a year after their marriage; and it ap-
pears they continued resident and domesticated there from that lim.e until the
fatal catastrophe in 1780.
It is clear from the general tenor of the evidence produced upon the trial,
that the Donellans were not only at home at Lawford Hall, but that the influ-
ence of the captain there w-as very great. When it is considered that he was
in the maturity of active life, that is to say, in his seven or eight-and-thirtieth
year; that lady Boughton was aged, and that the baronet was barely twenty
at his death, his ascendency will not appear surprising. Other circuinstances
tended to give him this weight; lady Boughton was not a very intellectual
woman, and her ill-fated son appears to have been occtipied entirely by his
pleasures. During this trial, much stress was laid upon captain Donellan's
frequent prognostications of a fatal termination to the irregular course of his
young brother-in-law, as if they were uttered by him to preface the catas-
trophe which he premeditated ; but let the facts be fairly attended to, and
what could be more natural than such predictions from an individual of his
age and experience. The first visit he paid to the imprudent youth was at
Eton ; he had not then completed his sixteenth year, and yet was under the
care of a medical gentleman, for a complaint which it is unnecessary to name.
From Eton he was removed to Northampton, and placed under the private
tuition of a Mr. Jones ; and it is proved that he was attended there for some-
thing similar. It further appears, that he indulged in the dangerous habit
of prescribing for himself, and that he was continually taking physic; and
lastly, he was again infected at the time of his death, slightly, according to
the apothecary who attended him — but what was the truth 1 — why, that the
said apothecary treated his complaint rather slightly ; but in a few days was
called in again, upon the manit'estation of a symptom which, although no
adequate cause for immediate apprehension, was confirmatory of virulent
disease. Such being the uncontradicted facts, in common candour, ought
general expressions anticipating the premature death of so early a victim of
intemperance, to be considered as at all remarkable, particularly when ac-
companied with advice both to his mother and to himself] Or is it wrong
from such data to say, in narrative, that sir Theodosius Boughton was what
captain Donellan, with truth, if not with delicacy, described him to be — a
young man, whose early and repeated imprudence bade fair to shorten his
existence ?
Such, with the addition of the unhappy Mrs. Donellan, was the family
circle at Lawford Hall ; and if to the foregoing particulars it be added, that
the latter was heir-at-law to the larger part of her brother's fortune, if he
died without legitimate issue; and that the ostensible views of captain Do-
nellan were to take orders to enable him to enjoy the two livings in the gift
of sir Theodosius — the reader will be furnished with a tolerably faithful out-
FOR POISONING. 169
line of the relative situation of this family, when the fatal circumstance
occurred, which threw it into so much confusion, and which is now to be ' -
described from the testimony of lady Boughton, as delivered before the coro-
ner. This particular deposition it will be proper to give at large, as it was
the deponent's j^rs^ account of the melancholy transaction ; and in the sub-
sequent trial she materially varied in her explanation of the identical fact
which decided the fate of the prisoner at the bar. ,
"Anna Maria Boughton, of Little Lawford, in the county of Warwick,
widow, upon her oath, saith, that the deceased was her son ; that for a con-
siderable time before his death, he took various medicines which were sent
to him from a Mr. Powell, a surgeon in Rugby, which sometimes occasioned
the deceased to keep his room. That on the 30th of August last, this exami-
nant went into his room to give him part of the medicines sent for him from
the said Mr. Powell ; and that about seven o'clock in the morning of the ^^
same day, this examinant, by the direction of the deceased, gave him the
medicine contained in one of the phial bottles then standing upon the mantle-
piece of the deceased ; that she perceived, upon pouring it out into the basin
to give to the deceased, a large quantity of powder or sediment at the bottom
of the phial; that it had a very offeiisive and nauseous smell,- that the deceased,
complained very much of the nauseousness of the medicine, and that he
thought he should not be able to keep it upon his stomach ; that there was a
label upon the bottle, in which the medicine was contained, expressing the
medicine to be the purging potion for sir Theodosius Boughton. And this
examinant saith, that she cannot tell whether there were any other bottles in
the deceased's room containing the same medicine. That John Donellan,
Esq., this examinant's son-in-law, 6e;'«o- informed by her of the situation the
deceased was in, came upstairs to this examinant .■ and after beino- informed
by this examinant of the medicine she had given him, desired her to give
him the bottle; and that he then put water into the bottle, and poured it and
ike settling of the bottle out together,- put his finger into it, and informed this
e.vaminant it had a nauseous taste. And this examinant further saith, that the
deceased, immediately after taking the medicine, seemed as if he was going
into convulsions for a considerable time ; but after that appearance had sub-
sided, the deceased seemed as if he was going to sleep ; upon which this
examinant left the room, and returned back in the space of about hve minutes,
when she found the deceased with his eyes fixed, his teeth set, and the froth
running out of his mouth ; and that he expired in a few minutes afterwards.
And this examinant further saith, that the composition or mixture contained
in the bottle given by her to the deceased, was something in colour to that pro-
duced and shown to her by the said Mr. Powell, at this the time of her exami-
nation, but to the smell very different, to the best of this examinant's infor-
mation and belief. ANNA BOUGHTON."
One of the strangest circumstances attendant upon a death so alarming
was the subsequent conduct of lady Boughton : it would seem from her fur-
ther deposition on the succeeding day, and on the trial, that the rinsing of
the bottles by captain Donellan struck her as exceedingly suspicious and
improper, yet neither these suspicions, nor the suddenness of her son's death
upon the swallowing of a medicine, induced the good lady to take the ar-
rangement of the funeral out of his hands, or even to interest herself to have »
any surgical inspection of the body. In so calm a way, indeed, did this
calamity pass over, that on the Saturday following the Wednesday on which
it took place, the deceased was absolutely soldered up in his coffin. Public
attention, however, had been strongly excited ; and poison being very gene-
rally suspected, the tendency of these suspicions at length reached the eara
of the assistant guardian, sir William Wheeler, who wrote a polite note to
captain Donellan, informing him of the nature of the prevalent rumour, and
P 22
^.
170 JOHN DONELLAN, ESQ.
the necessity there \vas to do it away by a professional examination of tiie
body. The reply of captain Donellanwas prompt and acquiescent; and also
expressed a wish that sir William Wheeler himself would attend. The three
practitioners, with an assistant, however, arrived by themselves, and were
informed by the captain that they were called upon to open the body of the
deceased — for what ] — " the satisfaction of us all ;" but he did not mention
the suspicion of poison. It is remarkable that upon this intimation, the gen-
tlemen, finding that owing to the putridity of the body, the operation would
be attended with danger to themselves, declined it — on the ground, that in
its then state, it would not determine the cause of the death ; and captain
Donellan was blamed for not inducing them to operate, at all hazards, by
resting on the suspicion of poison, or, in other words, on the suspicion that
he was himself the murderer of his brother-in-law. More than this ; in giving
sir William Wheeler an epistolary account of this visit, he left it ambiguous
whether the body had been opened or not; but then, on the other hand, he
requested one of the gentlemen himself to call on the baronet, who promised
to do so, but did not. It further told against him that on the next morning,
Mr. Buckuill, a surgeon of Rugby, having heard that the former gentlemen
had declined operating, called at Lawford Hall, and offered to take out tlie
stomach at his own risk; but the captain declined, on the ground of unfair-
ness to the other professional gentlemen, unless directly authorized by sir
William Wheeler; and in consequence, Mr. Bucknill went away. Of this
visit sir William heard, and wrote again, requesting that Mr. Bucknill and
his own apothecary, Mr. >Snow, might do what it was so desirable should be
done; but here another jostle of circumstances took place. Owing to their
professional engagements, the two gentlemen missed each other ; Mr. Buck-
nill, who came first, was called av/ay to a dying patient ; and when he re-
turned, Mr. Snow had arrived, and from a sense of danger, having declined
opening the body, was departed, and therefore there was no more to be done.
Captain Donellan, upon this, proceeded with the funeral, which took place
the same day, between three and four o'clock.
In all these transactions, it is very remarkable that although the suspicion
of poison could, and did, attach to captain Donellan only, yet he was strange-
ly permitted to arrange every proceeding which was to produce satisfaction,
and that by the mother of the deceased, who was very early alarmed at his
equivocal conduct.
But, although the interment was effected, when it became generally known
that the body had not been opened, the minds of all orders of people were
alarmed, and it was laudably insisted upon by the gentlemen of the neigh-
bourhood that the deceased should be taken up, the coroner be called, and a
surgical examination take place by course of law. This was done accord-
ingly, and the depositions on the first day of examination were, in substance,
as follows :
That of lady Boughton has already been given.
Mr. Powell, the apothecary, who supplied the draught, the taking of
which was followed by the death of sir Theodosius, deposed, that it was a
mixture consisting of jalap, rhubarb, spirits of lavender, simple syrup, and
nutmeg water. .
Sarah Steane, who laid out the deceased, simply stated, that to the time
of the body being placed in the coffm, it appeared the same, in every respect,
as any other corpse.
William and Samuel Frost, servants, deposed, that the evening and morn-
ing preceding his death, the deceased appeared to them to be in good health
and spirits.
Mr. Wilmer, a surgeon, one of the professional gentlemen who declined
opening the body in the first instance, because its putridity rendered satisfac-
tion from the operation hopelras, now deposed, that such had been his expressed
opinion; and further, that being present at the opening of the body when
.^'
FOR POISONING. 171
disinterred, he found all the contents of the abdomen, or lower belly, more
or less inflamed, and putrid ; the upper part of the intestinal canal more in-
flamed than the lower part; the texture of the kidneys destroyed, and the
internal substance bloody, and of a red colour ; the omentum, or caul, tender
in its texture, and inflamed ; the liver smaller than usual, and soft in its tex-
ture ; the stomach much altered from its natural state, but not so much in-
flamed as the parts in its neighbourhood ; that it contained somewhat less
than an ounce of brown coloured thick fluid, which, when taken out and
examined in a basin, discovered no grittiness, or any metallic particles ; that
the midriff was particularly inflamed; the lungs putrid and inflamed, and in
some parts black, and on each side of the lungs, in the cavity of the thorax, or
chest, was about a pint of extravasated blood in a fluid state. Mr. Wilmer
further averred, that he had seen the mixture furnished by Mr. Powell, and
that such draught or mixture could not, at any time, occasion the death of
the deceased ; and that, for the reasons before suggested by him, he was
induced to believe that it was " then impossible to tell what occasioned the de-
ceased's death.''''
Dr. Rattray corroborated the whole of the above ; but added, that he be-
lieved, from the deposition of lady Boughton, that the medicine administered
by her caused the death of her son.
Mr. Snow, a surgeon, merely confirmed the depositions of Mr. Wilmer
and Doctor Rattray generally.
Mr. Bucknill deposed to the same purpose, with the additional confirmation
of Dr. Rattray's opinion, as to the draught administered by lady Boughton
being the immediate cause of her son's death.
Such was the result of the first day's examination before the coroner, which
was thought to afford little that was conclusive against captain Donellan ;
but an opinion was nevertheless formed there, that lady Boughton was over-
awed by her son-in-law, and the next day, at the adjourned examination, the
result of some recent operation upon her mind was very manifest ; for her first
account of the conduct of captain Donellan with respect to rinsing the phials,
was thus materially, and for him, fatally modified.
Without reference to her former statement, " that Mr. Donellan put water
into the bottle, and poured it and the settling of the water nut together ,- put his
finger into it, and informed her that it had a nauseous taste,'''' lady Boughton
now declared, that when captain Donellan was told of the effect of the medi-
cine upon the deceased, he asked where the bottle was that had contained it;
and upon it being pointed out to him, he " swilled the bottle out with water,
and threw the water and the medicine which was left at the bottom of the
bottle, upon the ground.''"' That upon her expressing her surprise that he
should do so, he said, that it was in order to taste it; but that he did not taste
it, but proceeded to empty a second bottle, which stood upon the deceased's
mantle-piece, but what was contained therein she knew not. That after
throwing away the contents of the second bottle, captain Donellan ordered
Sarah Blundell, who was then in the room, to take the same away; but that
examinant objected to such removal, and desired the servant to leave them
where they were; that captain Donellan, however, still persisted in his or-
ders; and she believed they were removed accordingly. Lady Boughton
further observed, that upon her return home from the last examination, cap-
tain Donellan, who had heard it taken, had expressed surprise and displea-
sure at her then deposing that he had rinsed the bottles, and told her that she
was only obliged to answer such questions as should be asked. That she
had heard captain Donellan advise her son to keep his medicine in his first
room, and not in an inner room, which he kept locked ; whereas any part of
the family might have access to the former. Finally, she deposes that the
circumstance of the said captain Donellan's swilling the bottles, led her to
suppose " that some unfair dealings had been carried on respecting her son, and
that he had died by the medicine she had given him."
t Ai.
172 JOHN DONELLAN, ESQ.
> ' The most trifling inconsistency of captain Donellan was observed with an
^ animus decidedly against him ; but what can account for the conduct of this
extraordinary old lady — not with respect to the manifest opposition of her
two depositions — it may be admitted, that she was overawed in the first in-
stance; but what is to be pleaded for a mother who imagined that her son
died by a medicine administered by herself, who, from the deportment of
captain Donellan, was led to suspect " unfair dealings" on his part, and
who yet left every subsequent arrangement which could advance or retard
discovery, to the person so suspected, without the slightest remonstrance or
Vp.'^»* interference !
This evidence, which was corroborated by Sarah Blundell, in the particu-
lar fact of her being ordered to take away the bottles, and clean the room, by
captain Donellan, was conclusive; the coroner's jury, and it could do no
otherwise, brought in a verdict of wilful murder against him, and he was
immediately committed for trial.
Unfortunately for captain Donellan, in consequence of the assizes having
been recently concluded, his trial did not come on until seven months after
the alleged offence, during which interval the popular odium was excited
against him to an unprecedented degree. The most virtuous emotions, when
guided principally by impulse, are not unfrequently the most unjust, and so
in the present instance they proved to be. The horror inspired by the pro-
bability of a domestic perfidy so atrocious, as the murder imputed to the
unhappy prisoner, and an eagerness to punish it, seemed to overwhelm the
impartiality of the whole community. They might be said to operate where
they never should operate, in the court of justice itself; judge, jury, and
witnesses seemed to be carried away by them ; they appeared to animate the
counsel for conviction, and to paralyze that for defence. To detail the whole
of the proceedings upon a trial so complicated would be useless. This
sketch will therefore confine itself to a species of commentary upon the evi-
dence, not only as delivered, but as subsequently corrected by notorious fact,
not with a view of rivalling the sagacious judge who presided, but for the
« honest purpose of adding to the weight of opinion now existing against a too
great latitude of presumption, in convicting upon what is popularly termed,
circumstuntial evidence.
Mr. Powell, the apothecary, who was first called, proved, as before, the
nature of the draughts sent by him to sir Theodosius Boughlon, and de-
scribed him to have heen at the time slightly indisposed of a venereal com-
plaint, and that he gave him nothing but cooling physic and an embrocation.
That when he reached Lawford Hall, in consequence of an express inform-
ing him of the dangerous state of sir Theodosius, the latter had been dead
an hour; that he met captain Donellan in the court-yard, who went with him
to see the corpse, in which he observed nothing particular; that upon asking
how the deceased died, the captain replied, in convulsions, but put no ques-
tions to him in return ; and that the general intent of the prisoner seemed to
be to carry an idea that sir Theodosius had taken cold.
The evidence of lady Boughton on the trial varied as materially from both
her depositions before the coroner, as one of them differed from the other.
The general substance of her evidence, as atTecting the prisoner at the bar,
may be reduced to the following points:
That Mrs. Donellan would inherit £1200 per annum by the death of Theo-
dosius.
That when lady Boughton once talked of quitting Lawford Hall, the pri-
soner advised her not to do so, as her son was in a bad state of health, and
she knew not what might happen — a prediction which her ladyship then un-
derstood to allude to the danger incurred by sir Theodosius in hunting.
That her son was about to receive a week's visit from a Mr. Fonnereau,
and to depart with him on a visit in return.
That one day captain Donellan, in her hearing, advised sir Theodosius to
r
FOR POISONING. I73
keep his medicines in his chamber, which was always open, rather than in an
inner room, which was usually locked.
That captain Donellan was absent from his wife and lady Boughton on the
evening when the medicines arrived, and accounted for his absence by saying
he had been to see sir Theodosius fishing.
That upon captain Donellan's coming into the room, and asking in what
manner sir Theodosius was taken ill, he was shown the two draughts sent
by Mr. Powell, the last of which had proved so fatal ; that he took up one
of them, and said, " /s this it?'''' and upon being answered yes, poured some
water out of a water bottle into the phial, shook it, and then emptied it out \ r ^L
into some dirty water, which was in a wash-hand basin. That her ladyship
observed to him, that he ought not to do so ; but that he immediately snatched
the other bottle, poured water into it, and shook it, and then put his finger to
it and tasted it, saying, when remonstrated with upon the impropriety of
meddling with the bottles, that he did it to taste the contents, but that he did
not taste the rinsings of the first phial at all. '
That the prisoner desired Sarah Blundell to take away the basin, the dirty
things, and the bottles, and that he put the bottles into her hands; that her
ladyship directed the servant to let the things alone, and took them from her;
but that the prisoner, while her back was turned, gave the bottles to her again,
as the said servant, who is since dead, informed her ; that, previous to this
second order, he had also directed that the room might be cleaned, and the
clothes thrown into an inner room.
That daring the whole of the foregoing scene, sir Theodosius was no*;
entirely dead.
That some time afterwards, when her ladyship went into the parlour, cap-
tain Donellan observed to his wife, in her presence, that her mother had been
pleased to take notice of his washing the bottles out, and that he did not
know what he should have done if he had not thought of saying he put the
water into it to put his finger to it to taste it. That her ladyship turned
away to the window without reply, upon which he repeated the foregoing
observation, and rang for the coachman to prove the time of his going out
that morning. »'•'
That upon returning from the first examination before the coroner, cap- ,^
tain Donellan said to his wife, before her ladyship, that she (lady Boughton)
had no occasion to have mentioned his washing the bottle; and that she
should only have answered the questions put to her.
Mary Lynes, the housekeeper, proved, that captain Donellan frequently
amused himself with distilling roses ; and Francis Amos, gardener, that he
had brought him a still, with wet lime in it, to clean, a few days after the
young baronet's death.
William Croft, one of the coroner's jury, swore that he saw the prisoner
pull lady Boughton by the sleeve when she first deposed that he had rinsed
the phial.
Sir William Wheeler proved the tenor of his correspondence with captain
Donellan, relative to opening the body, as already related.
The three professional gentlemen who first attended to open the body, de-
posed, that they would have done so, at all events, had they been informed
that poison was suspected ; the}' also described the poisonous nature of laurel
ivater, and proved that its effects upon animal life were similar to those of the
draughts given to sir Theodosius. They also gave a positive opinion that
the deceased died by a poisonous draught administered by lady Boughton,
and that the appearance of the body was such as might follow the swallow-
ing of a strong vegetable poison.
Doctors Ashe and Parsons, celebrated physicians, corroborated the opinions
of the foregoing witnesses.
Mr. Bucknill, the surgeon who had volunteered to operate in the first in-
174 JOHN DONELLAN, ESQ.
stance, related his first and second visit to Lawford Hall, to open the body
as already detailed.
Such was the tenor of the substantial evidence for the prosecution, the
irrelevant it is unnecessary to notice.
To take the allegations in order, Mr. Powell, after proving the innocency
of his own prescription, asserted, that the disorder of sir Theodosius was
slight, and that he gave him nothing but cooling physic and an embrocation.
This testimony, though apparently indiiferent as it regarded the guilt or in-
nocence of the prisoner, materially injured him, as it seemed to contradict
his frequent allusions to his brother-in-law's irregularity, and to suggest that
his motive for such imputation was to prepare expectation for his death.
But the fact was, that this medical gentleman, though his answers in court
seemed to confine his prescriptions to cooling physic and an embrocation,
had administered bolusses of calomel — and, in fact, treated a venereal patient
as venereal patients are usually treated. Respect for family feelings is pro-
jierm a medical man; but a regard to social justice is necessary. Neither
was the behaviour of captain Donellan to this gentleman, when called in by
express, more remarkable than his own, or that of lady Boughton, who joined
them in the bed-room almost immediately. The captain told him that the
deceased died in convulsions, but put no questions in return, neither did her
ladyship ; and the apothecary himself possessed similar apathy ; for though
death had apparently followed one of his own prescriptions, he acknowledged
in court that he dicl not inquire how soon the convulsions ensued. Moreover,
this important visit and double conversation took up ten minutes.
With respect to the evidence of lady Boughton, it first proves the interest
of the prisoner in the death of his brotlier-in-law : this may be admitted ;
but still it ought to be understood that it was not so great as the world ima-
gined. He had only Mrs. Donellan's life in the estate, which was deeply
encumbered, except as the guardian of his children ; on the other hand, by
the survival of sir Theodosius, he would have secured church preferment to
the amount of five hundred pounds per annum.
The next point was, his advising lady Boughton not to leave Lawford Hall
on account of her son's ill health, as she knew not what might happen.
Her ladyship thought this prediction alluded to the danger incurred by sir
Theodosius in hunting — but what lias ill health to do with hunting? It is
shocking to see a wish to conceal from the world, that an intemperate young
man had injured his constitution, furnishing a foundation for surmises aftect-
ing the life of an individual. To say nothing of the absurdity of coupling
ill health with hunting — w^iat was there in this testimony to impeach captain
Donellan ] Her ladyship deposed that upon another occasion, the prisoner
recommended her not to drink after sii Theodosius, on account of the nature
of his medicines. Could he have thus addressed a mother who was uncon-
scious of her son's irregularities — a mother, too, who frequently administered
physic to that son herself? Another conversation of the same tendency was
deposed to by a clergyman of the name of Newsam ; but again, it may be
said, what do these observations signify, backed as they were by facts'? —
they may indicate a want of generosity and delicacy, probably, but certainly
do noX j}rove an intention, on the part of the prophet, to hasten the fulfilment
of his own predictions.
The next point deposed to by lady Boughton was, that her son was about
to receive a visit from a Mr. Fonnereau, and to return it. Nothing can more
clearly show the shadowy nature of many of the surmises against the pri-
soner, than the inference sought for from this fact. It appears that a report
existed in the country that sir Theodosius admired Miss Fonnereau, and
therefore captain Donellan hastened to poison him before he went.
Then follows captain Donellan's advice to sir Theodosius to keep his medi-
cines in his open chamber. 'I'he latter acknowledges to some such advice,
but very naturally accounts for it; sir Theodosius made up poisons for rats,
FOR POISONING. 175
&c., and told him and lady Boughton that he had nearly taken some of it
himself instead of physic, upon which he was recommended to keep his
physic and his poison separate.
The succeeding allegation of lady Boughton proved very fatal to the pri-
soner; namely, that he was absent during the afternoon the draughts arrived,
and that when he returned, he said he had been to see sir Theodosius fishing.
That he had not been to see the fishing party was clearly proved ; and cap-
tain Donellan denied that he had said so, and instructed his counsel to call
two persons of the name of Dand and Matthews, to show that he w^as in
conversation with them during the whole of his absence; but this the counsel
did not do, fearing they would not be able to prove all the time. Of this
neglect the prisoner very bitterly complained ; and his very respectable soli-
citors, in a publication given to the world after his execution, testified that
the evidence of the men in question would have materially contradicted that
of lady Boughton.
The principal fact, however, deposed to by lady Boughton, was the rinsing
of the phials. Her various and contradictory accounts of this transaction
before the coroner and the court have been detailed. The prisoner himself
accounted for it, by saying, that when informed by lady Boughton of what
had happened, he asked her what she had given to her son, and where the
bottle was, and, upon its being pointed out to him, took it, and held it up to
the light; and finding it apparently clean and dry, put a tea-spoonful of water
into it, rinsed it well, and poured it into a small white basin then on the table,
in order to taste it with his finger, which he did several times, and declared
it very nauseous. That he also tasted several more medicines, which stood
on the mantel-piece, on which there were many phials, gallipots, &c. which
smelt very offensively; and observing lady Boughton begin to put the room
in order, he told Sarah Blundell to help her ladyship, and particularly to
remove a chamber-pan. That happening to stand near the chimney-piece,
when she began to take away the phials, he very innocently handed some to
her, &c. &c.
Now it is not for a moment contended, that this account of an accused per-
son is to be weighed against that of a competent and clear-headed witness ;
but could an elderly lady be called such, who, on her first examination, men-
tions his xinsina; one jihial only, ?lx\A on the second, swears circumstantially
to two ; on the former, that he tasted the contents of the only phial that he
rinsed, and declared the taste of them ; on the latter, that he rinsed two and
tasted neither. On that, she swore generally that he poured the water out,
but with an apparent intimation that it was poured into some vessel, into
which he put his finger: on this she expressly declares that the contents of
the first phial were thrown upon the ground ,- and indefinitely, that the con-
tents of another were throvvn away — there he actually tastes the contents
of the bottle, here, after rinsing the first, he only says that he did so to taste
them.
So much for the contradictions before the coroner; the testimony of lady
Boughton in court was equally inconsistent with the most formidable of these
depositions. The only point in which these two last correspond is, that two
phials were rinsed, and this correspondence serves only to make the other
circumstance more plainly incompatible ; for the water from both phials, by
the written testimony, was thrown upon the ground ; by the oral, was poured
into a basin of dirty water; by that, neither was tasted; by this, the last cer-
tainly was. On the former occasion, her ladyship swore that captain Donel-
lan threw something out of a second bottle, which stood upon the deceased's
mantel-piece, and that she did not know the contents. On the latter, that he
poured water into the other bottle, and emptied it out. Finally, before the
coroner, she stated, that the apology, '■^ I did it to taste ;7," was made by
captain Donellan on her remonstrance, after his rinsing Xhe first phial; and
on the trial swears, that he spoke those words after rinsing the second, in
176 JOHN DONELLAN, ESQ.
consequence of some words from her, which in the depositions are not men-
tioned at all, ai.d that he gave no answer whatever to herjirst expostula-
tions. Not one of which inconsistencies were pointed out, either by judge
or counsel.
Of the fact, that captain Donellan ordered Sarah Blundell to clear the
room, his own account has been stated, that he was angry at her for not im-
mediately obeying him, rests upon lady Boughton's testimony, that Sarah
Blundell told her so — all she herself could speak to was, that they were
taken out, but she knew not exactly when. Sarah BlundelTs deposition be-
fore the coroner only states generally, that captain Donellan ordered her to
clear the room, and assisted her to take away the bottles. Sarah Blundell
died before the trial.
The next circumstance deposed against the prisoner was, that he said to
Mrs. Donellan, in her presence, that her ladyship had found fault with him
for rinsing the bottks, and that he did not know what he should have done if
he had not thought of saying "he put the water into // to put his finger in to
taste //." That captain Donellan used these exact words is very unlikely,
as they are both ungrammatical and absurd, not to mention the weakness of
such an admission. That he alluded, however, to the circumstance, is very
probable; but how is it possible to rely on the memory of lady Boughton
for this event, who made no mention of the circumstance before the coroner,
and yet positively swore in court, both directly, and on cross-examination,
that she had done so.
That captain Donellan blamed lady Boughton for deposing before the coro-
ner to his rinsing the phials, and that he told her she needed only to have
answered such questions as were put to her, was not denied by him, though
the testimony of the juryman, as to his pulling her sleeve at that particular
moment, he asserted to be incorrect. Lady Boughton could have decided
the last point, but was not examined on it by either counsel ; but, admitting
both the facts, they prove but little. An innocent man, if not perfectly ac-
quainted with the obligation of an oath in judicial inquiries, speaking to a
supposed friend, might naturally so argue. Grant for a moment the unfortu-
nate man was innocent — he had inconsiderately rinsed a phial to taste it, and
found it rendered him suspected of murder; he believes lady Boughton
satisfied of his innocence, and therefore, thinks, that in divulging a fact
which might subject him to unmerited imputation, she acted unfriendly.
All this is as consistent with the warmth of innocence as with the alarm
of guilt.
Mary Lynes, the housekeeper, proved that captain Donellan sometimes dis-
tilled roses and lavender ; and Francis Amos, gardener, that a few days after
the death of sir Theodosius, he brought him a still, with wet lime in it, to
clean. Of these points presently.
The tenor of the correspondence proved by sir William Wheeler has been
already related. It certainly shows that captain Donellan was not anxious to
have the body opened, neither was lady Boughton. ^Moreover, when the
operators attended, he did not tell them that poison was suspected, or show
that letter from sir William Wheeler which pointedly said so — but another,
which conveyed the same meaning less forciljly — or, in other words, which
simply stated that it was necessary to give the public satisfaction. Again,
he did not accept of a voluntary offer to operate, after three gentlemen had
declared such operation useless and dangerous; and finally, when two gen-
tlemen accidentally missed each other, and one of them declined opening
the body, and, as agent of sir Williaur Wheeler, authorized the funeral, that
the prisoner sent the other awa}'. In answer to all this, it is necessary to say
little more, than that many persons, as well as captain Donellan, might not
like to expatiate upon a suspicion of poison, which could only attach to them
selves; and that, after his imprudence with respect to the phials, even an
innocent man would be glad to get the funeral over.
FOR POISONING. 177
The testimony of the three medical gentlemen, that they would have
opened the body at all risks, if ihey had been aware of the suspicion of
poison, must be implicitly admitted, though a little at variance with their
declarations, that the body was too putrid to decide upon the case. That the
same gentlemen, with Doctors Parsons and Ashe, believed that the draught
administered by lady Boughton, caused the death of her son, must also be
admitted ; and that laurel water is a poison, cannot be denied. But the
correctness of the opinions and deductions of this medical junto was con-
troverted by a testimony of far greater weight than those of all of them
united.
But first, the reader will very naturally inquire, what laurel water has to
do in this case ? Briefly, then : Captain Donellan, as may be seen from the
testimony of the housekeeper and gardener, sometimes amused himself by
distilling from roses and lavender, with a still in the possession of the family.
Lady Boughton, although she described the draught administered as smelling
very nauseous, also resembled its odour to that of bitter almonds, which
scent is not nauseous, but peculiarly characteristic of laurel water; and gene-
rally speaking, its effects upon animal life were proved not to be dissimilar
to the sufferings of the deceased. Ergo, laurel water poisoned sir Theodo-
sius Boughton: the strangeness of this inference, at least as conclusive, will
appear more strongly, when it is stated to have been so entirely an after-
thought, tliat the indictment called the poison arsenic, and the most lively of
the medical gentlemen had as strongly decided upon that presumption, as
upon the one subsequently preferred. Witb respect to the distillation of
laurel water by captain Donellan, no proof of any kind was offered, other
than that some days after the death of sir Theodosius, he gave a still, with
wet lime in it, to the gardener to clean, which wet lime was held to be placed
there for the purpose of carrying away the smell of his poisonous operations.
According to the prisoner himself, this lime water was intended to wet his
bedstead, and those of his children, to kill the vermin, and the still was
merely used as an utensil to hold it; for the truth of which statement he ap-
pealed to the female servants, who had often seen him so employ it. He also
acknowledged, that he had sometimes used laurel leaves, with other ingre-
dients, as a bath for his feet, agreeably to a printed recipe, in a book entitled
"The Toilet of Flora."
Will it be credited that on such a string of negation and surmise, the em-
ployment of laurel water, against sir Theodosius Boughton, seems on the
trial to have been taken for granted 1
The evidence for the prosecution alone has been yet attended to ; that for
the defence was very brief, but cogent. In the first place, it was proved that
captain Donellan had more than once interfered to make up quarrels for sir
Theodosius, which might have been attended with danger. In the second,
there was the testimony of the celebrated John Hunter, which may be held
out as a beautiful specimen of the caution required in the delivery of pro-
fessional opinions, and of the calm resolution with which science should
maintain its decisions in the face of authority, whether partial, prejudiced,
or overbearing.
The cross-examination of the eminent surgeon. Hunter, was still more de-
cided— simply admitting that death following the taking of a draught was
suspicious, he wholly denied that it was necessarily caused by it; and as-
serted that any symptom and appearance on opening the body of the deceas-
ed, or, as described by lady Boughton, might be furnished by the epilepsy
or apoplexy. As the father of sir Theodosius died of the latter disorder, he
was asked if it were likely to attack a thin young man, under a course of
cooling physic ; he answered certainly not so likely ; but that he had known
two instances of young women dying of apoplexy.
This testimony, though that of a man whom all Europe regarded as an
oracle in his profession, did not avail ; the judge chose to consider it as one
23
IF
178 JOHN DONELLAN, ESQ.
to four, and captain Donellan was convicted of poisoning by laurel water,
because a draugiit smelt like bitter almonds, and executed for a death which
no one had proved a murder.
It will be seen that all the presumptions formed against the prisoner, in
this striking case, arose out of a conduct which exhibited what every one
might term uneasiness, but which the multitude called conscious guilt. The
truth was, captain Donellan soon perceived that he was sus])ected ; and in-
deed suspicion, on the ground that interest is the ruck of the accused, could
fall on no one else. The rinsing of the phials was, doubtless, a suspicious
fact; but testified as it was, by a witness a thousand times more inconsistent
than the prisoner ; whether it was done to taste the fatal potion or not, is left
wholly inconclusive. Lady Boughton says, that this foolish action — foolish,
if he was innocent, but insane if he was guilty — alarmed her at the time,
and something she doubtless said about it, but she must have been soon
satisfied, for it neither induced her to act or to remonstrate any further. To
have her son opened, even when a suspicion of poison became genrral, she
thought of no use; she never interested herself to talk with the professional
gentlemen on the subject, but left every thing to the person suspected. When
at last, set about recollecting every minute particular against captain Donel-
lan by the surrounding gentry, alarmed at the blame imputable to herself,
she deposed to transactions in haste, and incoherently, and never agreed twice
in the most important part of her testimony. That the inconsistencies of this
lady, though doubtless unintentional, should not have been urged on the trial,
was peculiarly unfortunate for the prisoner ; but captain Donellan's counsel
strangely omitted to notice thein.
All the other alleged instances of conscious guilt displayed by this un-
happy gentleman, may be as naturally referred to the uneasiness of a mind,
tortured by suspicion, and dreading imputation as to actual guilt, and conse-
quently afford no conclusion. It is a fine thing to expatiate upon the security
of conscious innocence; but every man of worldly experience knows how
much it may be confounded by general suspicion, and consequently how tor-
tuous and evasive it may become. The compiler of this article once saw a
well-informed individual under a suspended accusation of several days, and
he evinced every acknowledged sign of conscious guilt that can be named,
even until his pretensions to innocence excited roars of laughter ; and yet,
innocent he was, after all.
It is not, however, the object of this statement to assert the innocence of
captain Donellan, but to show that he was convicted upon a species of evi-
dence the most fallacious and inconclusive. It is pleasant for a judge to
assert, as in this instance, that presumption from circumstances is as strong
as positive testimony; while experience shows that innocence has frequently
fallen a sacrifice to the one, and but seldom to the other.
A late very acute publication, on the theory of presumptive evidence, thus
argues on the case of captain Donellan.
" When the judgment of the law is passed in reference to a certain thing,
the existence of that thing sliould be first clearly made to appear.
"The fiict of poisoning ought to have been established, beyond a shadow
of doubt, before any person was convicted as the poisoner.
"But the jury, it will be eaid, were satisfied on this point. Had the evi-
dence been duly summed up by the judge ; had they been told, as they ought
to have been, that in experimental ])hilosophy, such as tracing the effects of
a particular poison, in tracing the causes, so many and so complicated, that
lead to death, if the experiment is defective, if the process is vitiated in one
instance, the result is also vitiated and defective. Every practitioner in phi-
losophy is sensible and aware of this truth ; and whenever he finds that he
has erred in his experiment, he sets the case aside, as affording no satisfac-
tory result, and renews his process in another subject.
" But, unfortunately, it is a matter of pride in some men to be always car-
FOR POISONING. 179
tain in their opinion, and to appear beyond the influence of doubt. Very
different was the practice of that modest and eminent man who gave his evi-
dence on this trial; he was accustomed to the fallaciousness of appearances,
to the danger of hasty inferences from imperfect proofs, and refused to give
his assent to an opinion, without facts being first produced to support it. 'If
I knew,' said Mr. Hunter, ' that the draught was poison, I should say, most
probably, that the symptoms arose from that ; but when I don't know that the
draught was poison, when I consider that a number of other things might
occasion his death, I cannot answer positively to it.'
"During the whole course of this celebrated trial, there was not a single
fact established by evidence, except the death, and the convulsive appear- .
ances at the moment. These appearances, Mr. Hunter declared, afforded no ,
suspicion v/hatever of poison, and were generally incident to sudden death,
in what might be called a state of health ; not only there was no fact proved,
but there was not one single circumstance proved. One circumstance was \'
supposed from another equally suppositious, and from two fictions united a \
third was produced. All proof should commence at a fixed point; the law i
never admits of an inference from an inference. The question is never as to i
what a thing is like ; but the witness must swear to his belief, as to what it -^
is. The circumstance is always a fact; the presumption is the inference
drawn from that fact. It is hence called presumptive proof, because it pro- 'v
ceeds merely on opinion. But the circumstance itself is never to be pre- \
sumed, but must be substantively proved. If it was not laurel water that }
sir Theodosius drank, the proof fails as to the effect; and, certainly, some
of the usual proofs, some of the common indicia, or marks, should have been
established. When did the prisoner procure it] From whom did he obtain
it? Where, and at what time — and by whom, or how did he administer hi -^
Nothing of this kind was proved. *
"But the accused, it is said, furnished the proof against himself, by his '
own distrust of his innocence. He, no doubt, betrayed great apprehensions
of being charged with the murder; but is an innocent man never afraid of
being thought guilty?
" We readily recognise all the general truisms and commonplace observa- \
tions, as to the confidence of innocence, and the consciousness of guilt ; but
we find from history, that innocence loses its confidence when oppressed
with prejudice ; and that men have been convicted of crimes which they
never committed, from the very means which they have taken to clear them-
selves."
The author then relates a celebrated instance from Hale's Pleas of the
Crown, V. 2, p. 290.
It remains but to observe, that captain Donellan suffered pursuant to his
sentence, on the 1st of April, 1781, at Warwick; that he died with perfect
resignation, and uttered solemn protestations of innocence to the last mo-
ments of his life. From papers left behind him for the purpose, a very elabo-
rate and well written defence was composed, and published almost imme-
diately after his death ; it produced a great sensation at the time, and it is
believed the most eminent lawyers have latterly regarded this conviction with
distaste. It is from the documents in question, and the authenticated trial, that
this statement has been drawn up for the present work, in which it properly
finds a place, but could not conscientiously be given, without protesting
against the conviction as a precedent for the sound administration of justice.
180 SIR WALTER RALEIGH,
SIR WALTER RALEIGH,
TRIED AT WINCHESTER, UPON AN INDICTMENT OF HIGH-TREASON, IN THE
FIRST YEAR OF THE REIGN OF JAMES I., A. D. 1602.
The arraig-timent of sir Walter Raleigh, knio-ht, at Winchester, Thursday,
17th of Noveinher, anno 1G03, before the right honourable Henry Howard,
earl of Suffolk, lord-chamberlain ; Charles Blunt, earl of Devonshire ; lord
Henry Howard, afterwards earl of Northampton ; Robert Cecil, earl of Salis-
bury ; Edward lord Wooton, of Marley ; sir John Stanhope, vice-chamber-
lain; lord chief-justice of England, Pojiham ; lord chief-justice of the com-
mon pleas, Anderson ; Mr. Justice Giaudie, Mr. Justice W"arljurton, and
sir W'illiam Wade, commissioners.
Sir Walter being brought to the bar, he sat down upon a stool, within the
place made on purpose for the prisoner to be in while waiting the coming of
the lords. During which time he saluted divers of his acquaintance with a
very cheerful countenance : when the commissioners were all met, having
stood up a while, he desired the marshal to ask leave of the lords that he
might sit, which was granted him ; and then they proceeded to the arraign-
ment.
First, The commission of oyer and terminer was read by the clerk of the
crown-office ; and the prisoner commanded to hold up his hand.
The indictment was then read, which was in effect as follows : —
" That he did conspire and go about to deprive the king of his government ;
to raise up sedition within the realm; to alter religion, to bring in the Ro-
man superstition, and to procure foreign enemies to invade the kingdom.
That the lord Cobham, the ninth of June last, did meet with the said sir
Walter Raleigh in Durham-house, in the parish of St. Martins in the Fields,
and then and there had conference with him how to advance Arabella Stewart
to the crown and the royal throne of this kingdom ; and then and there it was
agreed that Cobham should treat with Aremberg, ambassador from the arch-
duke of Austria, to obtain of him 600,000 crowns, to bring to pass their in-
tended treasons. It was agreed that Cobham should go to the archduke
Albert, to procure him to advance the pretended title of Arabella ; from
thence knowing that Albert had not sufficient means to maintain his own
army in the Low Countries, Cobham should go to Spain to procure the king
to assist and further her pretended title.
" It was agreed, the better to effect all this conspiracy, that Arabella
should write three letters ; one to the archduke, another to the king of Spain,
and another to the duke of Savoy, and proiTiise three things : first, to establish
firm peace between England and Spain. Secondly, to tolerate the popish
and Roman superstition. Thirdly, to be ruled by them in the contracting
of her marriage.
" And for the effecting these traitorous purposes, Cobham should return by
the isle of Jersey, and should find sir Walter Raleigh captain of the said isle
there, and take counsel of Raleigh for the distributing of the aforesaid
crowns, as the occasion or discontentment of the subjects should give cause
and way.
"And further, that Cobham and his brother Brook met on the 9th of Jane
last, and Cobham told Brook all these treasons; to the which treasons Brook
gave his assent, and did join himself to all these ; and after, on the Thursday
following, Cobliam and Brook did speak these words ; ' That there would
never be a good world in England, till the king (meaning our sovereign
lord) and his cubs (meaiung his royal issue) were taken away.'
" And the more to disable and deprive the king of his crown, and to con-
firm the said Cobham in his intents, Raleigh did publish a book, falsely
FOR HIGH-TREASON. 181
written against the most just and royal title of the king, knowing the said
book to be written against the just title of the king ; which book Cobham
afterwards received of him. Further, for the better effecting these traitorous
purposes, and to establish the said Brook in his intent, the said Cobham did
deliver the said book unto him on the 14th of June. And further, the said
Cobham, on the 16th of June, for accomplishment of the said conference, and
by the traitorous instigation of Raleigh, did move Brook to incite Arabella to
write to the forenamed princes, to procure them to advance her title : and
that she, after she had obtained the crown, should promise to perform three
things, viz. 1. Peace between England and Spain. 2. To tolerate with
impunity the popish and Roman superstitions. 3. To be ruled by them
three in the contracting of her marriage.
" To these motions the said Brook gave his assent. And for the better
effecting of the said treasons, Cobham, on the 17th of June, by the instiga-
tion of Raleigh, did write letters to count Aremberg, and did deliver the
said letters to one INIatthew de Lawrency, to be delivered to the said count ;
which he did deliver for the obtaining of the 600,000 crowns ; which money,
by other letters, count Aremberg did promise to perform the payment of; and
this letter Cobham received the 18th of June. And then did Cobham pro-
mise to Raleigh, that when he had received the said money, he would deliver
8000 crowns to him, to which motion he did consent; and afterwards Cob-
ham offered Brook, that after he should receive the said crowns, he would
give to him 10,000 thereof; to which motion Brook did assent."
To this indictment sir Walter Raleigh pleaded not guilty.
The Jury Sir Ralph Conisby, sir Thomas Fowler, sir Edward Peacock,
and sir William Rowe, knights; Henry Goodyear, Roger Wood, Thomas
Walker, and Thomas Whitby, esquires ; Thomas Highgate, Robert Kempthon,
John C hawkey, Robert Brumley, gentlemen.
Sir Walter Raleigh, prisoner, was asked whether he would take excep-
tions to any of the jury.
Raleigh. — It is my firm opinion that they are all Christians, and honest
gentlemen ; I object against none.
E. Suff. — You, gentlemen of the king's learned counsel, follow the course
you may deem most expedient.
Raleigh. — My lord, I pray you I may answer the points particularly as
they are delivered, by reason of the weakness of my memory and sickness.
Pophani, chief-justice. — After the king's learned counsel have delivered all
the evidence, sir Walter, you may answer particularly to what you will.
Heal, the king's sergeant at law. — You have all heard of Raleigh's bloody
attempts to kill the king and his royal progeny, and in place thereof to
advance one Arabella Stewart ; the particulars of the indictment are these :
First, that Raleigh met with Cobham the 9th of June, and had conference
of an invasion, of a rebellion, and an insurrection, to be made by the king's
subjects, to depose the king and to kill his children. But as money was re-
quired to do this, for money is the sinew of war, count Aremberg was to
procure of Philip, king of Spain, five or six hundred thousand crowns, and
out of this sum Raleigh was to have eight thousand. Then there must be
friends to effect this ; Cobham was to set out to Albert, archduke of Austria,
for whom Aremberg was ambassador at that time in England, and persuade
the duke to assist the pretended title of Arabella. From thence he was to
depart to the king of Spain, and persuade him likewise to assist the said title.
Since the conquest there was never the like treason. But out of whose head
came it ] — out of Raleigh's, who also advised Cobham to use his brother
Brook to incite the lady Arabella to write three several letters as aforesaid in
the indictment ; all this was on the 9th of June. After this Cobham said to
Brook, it will never be well in England till the king and his cubs are taken
away. Afterwards Raleigh delivered a book to Cobham, traitorously written
against the title of the king. Now whether these things were bred in a
Q
•#■
183 SIR WALTEK RALEIGH,
hollow tree, I leave to them to speak of, who can speak far better than myself.
And thereupon he sat down again.
Sir Edward Cuok, the king's attorney. — I must first, my lords, before I
come to the cause, give one caution, because we sliall often mention persons
of eminent places, some of them great monarclis ; whatever we say of them
we shall but repeat what others have said of them ; I mean the capital
otTenders in their confessions : we professing law, must speak reverently of
kings and potentates. I perceive these honourable lords, and the rest of this
great assembly, are come to hear what has been scattered upon the wreck of
report. We carry a just mind to condemn no rmin but upon plain evidence.
Here is mischief, mischief in summo gradu, exorbitant mischief. My
speech shall chiefly touch these three points; imitation, supportation, and
defence.
The imitation of evil ever exceeds the precedent; as, on the contrary,
imitation of good ever comes short. Mischief cannot be supjjorted but by
miscliief ; yea, it will so multiply that it will bring all to confusion. Mis-
chief is ever underpropped by falsehood or foul practices. And because all
these things did concur in this treason, you shall understand the main, as
before you did the bye.
The treason of the bye consisteth in these points : first, that the lords Grey,
Brook, Markham, and the rest, intended, by force, in the night, to surprise
the king's court; which was a rebellion in the heart of the realm, yea, in the
heart of the heart — in the court. They intended to take him that is a sove-
reign, to make him subject to their power, proposing to open the doors with
muskets and calievers, and to take also the prince and council. Then, under
the king's authority, to carry the king to the Tower ; and to make a stale of
the admiral. When they had the king there, to extort three things froni him :
first, a pardon for all iheir treasons. Secondly, a toleration of the Roaiaa
superstition; which, their eyes shall sooner fall out than they shall ever see ;
for the king hath spoken these words in the hearing of many, " 1 will lose the
crown and my life, before I will ever alter religion." And thirdly, to remove
counsellors. In the room of the lord-chancellor, they would have placed one
Watson, a priest, absurd in humanity, and ignorant in divinity. Brook, of
whom I will speak nothing, lord-treasurer. The great secretary must be
Markham, oc.ulus patrix. A hole inust be found in my lord chief-justice's
coat. Grey must be earl-marshal, and master of the horse, because he would
have a table in the court ; marry, lie would advance the earl of Worcester to
a higher place. All this cannot be done without a multitude ; therefore,
Watson, the priest, tells a resolute man that the king was in danger of puri-
tans and Jesuits ; so to bring him in blindfold into the action, saying, that
the king is no king till he be crowned ; therefore every man might right his
own wrongs ; but he is rex natiis, his dignity descends as well as yours, my
lords. Then Watson imposed a blasphemous oath, that they should swear
to defend the king's person, to keep secret what was given them in charge,
and seek all ways and means to advance the catholic religion. Then they
intended to send for the lord-mayor and the aldermen, in the king's name, to
the Tower, lest they should make any resistance, and then to take hostages
of them; and to enjoin them to provide for them victuals and munition.
Grey, because the king removed before midsummer, had a further reach to
get a company of swordsmen to assist in the action ; therefore he would
stay till he had obtained a regiment from Ostend or Austria. So, you see,
these treasons were like Samson's foxes, which were joined in their tails,
though their heads were severed.
Rukigh. — You, gentlemen of the jury, I pray remember, I am not charged
with the bye, being the treason of the priest.
Attorney. — You are not; my lords, you shall observe three things in the
treasons. First, they had a watch-word (the king's safety), their pretence
was bonum in se, their intent was malum in se. Secondly, they avouched
FOR HIGH-TREASON. 183
scriptuTe; both the priests had scriptum est; perverting and ignorantly
mistaking the scriptures. Thirdly, they avouched the common law, to prove
that he was no king till he was crowned ; alleging a statute of Eliz. 13.
This, by way of imitation, hath been the course of all traitors.
In the 20th of Edw. II., Isabella the queen, and lord Mortimer, gave out,
that the king's person was not safe, for the good of the church and common-
wealth.
The bishop of Carlisle did preach on this text, " my head is grieved," mean-
ing, by the head, the king; that when the head began to be negligent, the
people might reform what is amiss.
In the 3d Henry IV. sir Roger Claringdon, accompanied with two priests,
gave out, that Richard II. was alive, when he was dead.
Edward III. caused Mortimer's head to be cut off, for giving counsel to
murder the king.
The 3d Henry VII., sir William Stanly found the crown in the dust, and
set it on the king's head ; when Fitzwater and Garret told him that Edward
V. was alive, he said, "If I be alive, I will assist him." But this cost him
his head.
Edward de la Pool, duke of Suffolk, killed a man, in the reign of king
Henry VII. for which the king would have him hold up his hand at the bar,
and then pardoned him. Yet, he took such an offence thereat, that he sent
to the noblemen, to help to reform the commonwealth; and then said, he
would go to France and get power there. Sir Roger Compton knew all the
treason, and discovered Windon and others, that were attainted.
He said, there was another thing would be stood upon, namely, " that they
had but one witness." Then he vouched one Appleyard's case, a traitor in
Norfolk, who said, a man must have two accusers. Helms was the man that
accused him ; but Mr. Justice Catlin said, that that statute was not in force at
that day. His words were, "thrust her into the ditch," —
Then he went on speaking of accusers, and made this difference : —
An accuser is a speaker by report ; when a witness is he that, upon his
oath, shall speak his knowledge of any man.
A third sort of evidence there is likewise, and this is held more forcible
than either of the other two ; and that is, when a man, by his accusation of
another, shall, by the same accusation, also condemn himself, and make
himself liable to the same fault and punishment: this is more forcible than
many witnesses. So then, so much by way of imitation. Then he defined
treason ; there is treason in the heart, in the hand, in the mouth, in con-
summation. Comparing that in corde to the root of a tree; in ore to the
bud; in manu to the blossom; and that which is in consummatione, to the
fruit.
Now I come to your charge, you of the jury. The greatness of treason is to
be considered in these two things, deterrninaiione /inis, andeleciione mediorum.
This treason excelleth in both, for that it was to destroy the king and his
progeny. These treasons are said to be crinien lasse majestatis ,■ this goeth
further, and may be termed crimen extirpandx regise majestatis, & totiiis prc-
geniei susb. I shall not need, my lords, to speak any thing concerning the
king, nor of the bounty and sweetness of his nature, whose thoughts are
innocent, whose words are full of wisdom and learning, and whose works are
full of honour ; although it be a true saying, nunquam ninds quod nunquam
satis. But to whom do you bear your malice 1 — to the children.
Raleigh, — To whom speak you this ? You tell me news I never heard of.
Attorney. — Oh ! sir, do I ] I will prove you the most notorious traitor that
ever came to the bar. After you have taken away the king, you would alter
the religion. As you, sir Walter Raleigh, have followed them of the Bye in
imitation ; for I will charge you with the words.
Ealeigh. — Your words cannot condemn me; my innocence is my defence;
prove one of these things wherewith youHiave charged me, and I will confess
i^-
184 SIR WALTER RALEIGH,
the whole indictment, and that I am the most horrible traitor that ever lived,
and worthy to be crucified with a thousand thousand torments.
Jltifjrney. — Nay, I will prove all ; thou art a monster, thou hast an English
face, but a Spanish heart. Now you must have money. Aremberg was no
sooner in England, but thou incitest Cobham to go unto him, and to deal with
him for money, to bestow on discontented persons, to raise rebellion in the
kingdom.
Raleigh. — Let me answer for myself.
Attorney. — Thou shall not. ' .
Raleigh. — It concerneth my life.
Lord chief-justice Popham. — Sir Walter Raleigh, Mr. Attorney is but j-et
in the general ; but when the king's council have given the evidence wholly,
you shall answer every particular.
Attorney. — Oh ! do I touch you 1
Lord Cecil. — Mr. Attorney, when you have done Avith this general charge,
' do you not mean to let him answer to every particular ?
Attorney. — Yes, when we deliver the proofs to be read. Raleigh pro-
cured Cobham to go to Aremberg, which he did by his instigation. Ra-
leigh supped with Cobham before he went to Aremberg ; after supper, Raleigh
conducted him to Durham-house ; from whence Cobham went with Lawrency,
* a servant of Aremberg's, unto him, and went in by a back way. Cobham could
* never be quiet until he had entertained this motion, for he had four letters
from Raleigh. Aremberg answered, the money should be performed, but
knew not to whom it should be distributed. Then Cobham and Lawrency
came back to Durham-house, where they found Raleigh. Cobham and Raleigh
went up, and left Lawrency below, where they had secret conference in a
gallery ; and after, Cobham and Lawrency departed from Raleigh. Your
jargon was peace! What is that? Spanish invasion, Scottish subversion.
And again, you are not a fit man to take so much money for procuring of a
lawful peace, for peace procured by money is dishonourable. Then, Cobham
must go to Spain, and return by Jersey, where you were captain : and then,
because Cobham had not so much policy, or at least wickedness as you, he
must have your advice for the distribution of the money. Would you have
deposed so good a king, lineally descended of Elizabeth, eldest daughter of
Edward IV. ? Why then must you set up another] I think you meant to
make Arabella a titular-queen, of whose title I will speak nothing, but sure
you meant to make her a stale. Ah ! good lady I you could mean her no good.
Raleigh. — You tell me news, Mr. Attorney.
V Attorney. — Oh, sir ! I am the more at large, because I know with whom I
■ deal ; for we have to deal to-day with a man of wit.
Raleigh. — Did I ever speak with this lady ?
Attorney. — I will tract you out before I have done. Englishmen will not
be led by persuasion of words, but they must have books to persuade.
Raleigh. — The book was written by a man of your profession, Mr. Attorney.
Attorney. — I would not have you im-patient.
Raleigh. — Methinks you fall out with yourself, I say nothing.
Attorney. — By this book you would persuade men that the king is not the
lawful king. Now let us consider some circumstances. My lords, you know
my lord Cobham (for whom we all lament and rejoice; lament, in that his
house, which hath stood so long unspotted, is now ruinated ; rejoice, in that
his treasons are revealed). He was neither politician nor swordsman; Ra-
leigh was both, united in the cause with him, and, therefore, cause of his
destruction. Another circumstance is the secret contriving of it. Humphrey
Stafford claimed sanctuary for treason. Raleigh, in his machivilian policy,
hath made a sanctuary for treason. He must talk with none but Cobham, " be-
cause," saith he, " one witness can never condemn me." For Brook said unto sir
Griffith Markham, " take heed how you do make my lord Cobham acquainted ;
for whatsoever he knoweth, Raleigh, the witch, will get it out of him." As
FOR HIGH-TREASON. 185
soon as Raleigh was examined on one point of treason concerning my lord
Cobham, he wrote to him thus : " I have been examined of you, and confessed
nothing." Further, you sent to him, by your trusty Francis Kemish, that one
witness could not condemn ; and, therefore, bade his lordship be of good cou-
rage. Came this out of Cobham's quiver"? No ; but out of Raleigh's machi-
vilian and devilish policy. Yea, but Cobham did retract it: why then did
you urge if? Now, then, see the most horrible practices that ever came out
of the bottomless pit of the lowest hell. After that Raleigh had intelligence
that Cobham had accused him, he endeavoured to have intelligence from Cob-
ham, which he had gotten by young sir John Payton ; but, I think, it was
the error of his youth.
Baleigh. — The lords told it me, or else I had not been sent to the Tower.
Mtorneij. — Thus Cobham, by the instigation of Raleigh, entered into these ^S:
actions ; so that the question will be, " whether you are not the principal trai- ■• Jf^'
tor, and he would nevertheless have entered into it." Why did Cobham retract * '*'
all that same ■? First, because Raleigh was so odious, he thought he should
fare the worse for his sake. Secondly, he thought thus with himself, if he be
free, I shall clear myself the better. jVfter this, Cobham asked for a preacher
to confer with, pretending to have Dr. Andrews; but, indeed, he meant not
to have him, but Mr. Galloway, a worthy and reverend preacher, "who can
do more with the king," as he said, " than any other ; that he, seeing his
constant denial, might inform the king thereof." Here he plays with the
preacher. If Raleigh could persuade the lords that Cobham had no intent to
travel, then he thought all should be well. Here is forgery. In the tower,
Cobham must write to sir Thomas Vane, worthy man. that he meant not
to go into Spain; which letter Raleigh had devised in Cobham's name.
Raleigh. — I will wash my hands of the indictment, and die a true man to
the king.
Attorney. — You are the most absolute traitor that ever was.
Raleigh. — Your phrases will not prove it, Mr. Attorney. m '
Attorney . — Cobham writeth a letter to my lord Cecil, and doth command
Mollis, his man, to lay it in a vSpanish Bible, and to make as if he found it by
chance. This was after he had intelligence with this viper that he was false.
Lord Cecil. — You mean a letter intended to me ; I never had it.
Attorney. — No, my lord, you had it not. You, my masters of the jury, re-
spect not the wickedness and hatred of the man; respect his cause. If he be
guilty, I know you will have care of it, for the preservation of the king, the
continuance of the gospel authorized, and the good of us all.
Raleigh. — I do not hear yet that you have spoken one word against me ;
here is no treason of mine done. If my lord Cobham be a traitor, what is
that to me ■?
Attorney. — All that he did was by thy instigation, thou viper ; 'twas through
thee, thou traitor.
Raleigh. — Itbecometh not a man of quality and virtue to call me so ; but I
take comfort in it, it is all you can do.
Attorney. — Have I angered you ?
Raleigh. — I am in no case to be angry.
Popham. — Sir Walter Raleigh, Mr. Attorney speaketh out of the zeal of
his duty, for the service of the king, and you for your life ; be valiant on both
sides.
Then they proceeded to the reading the proofs.
The lord Cobham's examination read.
He confesseth he had a passport to go into Spain, intending to go to the
archduke, to confer with him about these practices; and, because he knew
the archduke had not money to pay his own army, from thence he meant to
goto Spain, to deal with the king for the 600,000 crowns, and to return by •■*.'^"
.Jersey ; and that nothing should be done until he had spoken to sir Walter
Raleigh, for distribution of the money to them that were discontented in
q2 24 "
186 SIR WALTER RALEIGH,
England. At the first beginning he breathed out oaths and exclamations
against Raleigh, calling him villain and traitor ; saying he had never entered
into these courses but by his instigation, and that he would never let him
alone.
[Here Mr. Attorney willed the clerk of the crown-office to read over these
last words again, "he would never let him alone."]
Besides he spake of plots and invasions, of the particulars whereof he could
give no account, though Raleigh and he had conferred of them. Further, he
said, he was afraid of Raleigh, that when he should return by Jersey, that he
would have him and the money to the king. Being examined concerning sir
Arthur Gorge, he freed him, saying, "they never durst trust him;" but sir
Arthur Savage they intended to use, because they thought him a fit man.
Raleigh. — ^^Let me see the accusation. This is absolutely all the evidence
that can be brought against me ; poor shifts ! You, gentlemen of the jury, I
pray you understand this : this is that which must either condemn or give me
life ; which must free me, or send my wife and children to beg their bread
about the streets. This it is that must prove me a notorious traitor, or a true
subject to the king. Let me see my accusation, that I may make my answer.
Clerk of the council. — I read it, and showed you all the examinations.
Raleigh. — At my first examination at Windsor, the lords asked me, what I
knew of Cobham's practice with Aremberg] I answered negatively: and,
as concerning Arabella, I protest, before God, I never heard one word of it.
If that be proved, let me be guilty of ten thousand treasons. It is a strange
thing you will impute that to me, when I never heard so much as the name
of Arabella Stewart, but only the name of Arabella.
After being examined, I told my lords, that 1 thought my lord Cobhamhad
conference with Aremherg ; I suspected his visiting of him : for after he de-
parted from me at Durham-house, I saw him pass by his own stairs, and walk
over to St. Mary Saviours, where I knew Lawrency, a merchant, and a fol-
lower of Aremherg, lay, and therefore likely to go unto him. IMy lord Cecil
asked my opinion concerning Lawrency : I said, that if you do not apprehend
Lawrency, it is dangerous, he will fly; if you do apprehend him, you
shall give my lord Cobham notice thereof. I was asked likewise, who was
the greatest man with my lord Cobham] I answered, I knew no man so
great with him as young Wyatt of Kent.
As soon as Cobham saw my letter had discovered his dealings with Arem-
herg, in his fury he accused me ; but before he came to the stair-foot he re-
pented, and said he had done me wrong. When he came to the end of his
accusation, he added, that if he had brought this money to Jersey, he feared
that I would have delivered him and the money to the king. Mr. Attornev,
you said, this never came out of Cobham's quiver, he is a simple man. Is
he so simple] No ; he hath a disposition of his own ; he will not easily be
guided by others ; but when he has once taken head in a matter, he is not
easily drawn from it ; he is no babe. But it is strange for me to devise
with Cobham, that he should go to Spain to persuade the king to disburse so
much money, he being a man of no love in England, and I having resigned my
place of chiefest command, the wardenship of the Stannaries. Is it not strange
for me to make myself Robin Hood, or a Kett, or a Cade ] I knowing Eng-
land to be in a better estate to defend itself than ever it was. I knew Scotland
united, Ireland quieted, wherein of late our forces were dispersed ; Denmark
assured, which before was suspected. I knew, that having a lady, whom
time had surprised, we had now an active king, a lawful successor, who
would himself be present in all his aflairs. The state of Spain was not un-
known to me. I had written a discourse, which I had intended to present
unto the king, against peace with Spain. I knew the Spaniard had six re-
pulses, three in Ireland, and three at sea, and once in 158S, at Cales, by my
lord admiral; I knew he was discouraged and dishonoured. I knew the
king of Spain to be the proudest prince in Christendom ; but now he cometh
^-
FOR HIGH-TREASON. 187
creeping to the king, my master, for peace. I knew whereas before he had
in his port six or seven score sail of ships, he hath now but six or seven. I
knew of twenty-five millions he had from his Indies, he had scarce one left.
I knew him to be so poor, that the Jesuits in Spain, who were wont to have
such a large allowance, were fain to beg at the church-door. Was it ever read,
or heard, that any prince should disburse so much money without a sufficient
pawn ? I know her own subjects, the citizens of London, would not lend her
majesty money without lands in mortgage. I know the queen did not lend
the States money without Flushing, Brill, and other towns for a pawn. And
can it be thought, that he would let Cobham have so great a sum 1
I never came to the lord Cobham's but about matters of his profit ; as the order-
ing of his house, paying of the servants' board-wages, &c. I had of his, when
I was examined, £400,000 worth of jewels for a purchase ; a pearl of £3000,
and a ring worth £500. If he had had a fancy to run away, he would not
have left so much to have purchased a lease in fee-farm. I saw him buy
£300 worth of books to send to his library at Canterbury, and a cabinet oi
£30 to give to Mr. Attorney, for drawing the conveyances ; and God in hea-
ven knoweth, not I, whether he intended to travel or no. But for that prac-
tice with Arabella, or letters to Aremberg framed, or any discourse with him,
or in what language he spake unto him ; if I knew any of these things,
I would absolutely confess the indictment, and acknowledge myself worthy
ten thousand deaths.
Cobham's second examination read.
The lord Cobham being required to subscribe to an examination, there was
showed a note under sir Walter Raleigh's hand, the which, when he had pe-
rused, he paused, and afterwards brake forth into these speeches, "Oh,
villain ! Oh, traitor ! I will now tell you the truth :" and then said,
" his purpose was to go into Flanders, and into Spain, for the obtaining the
aforesaid money, and that Raleigh had appointed to meet him in Jersey, as he
returned home, to be advised of him about the distribution of the money."
Popham, lord chief-justice. — When Cobham answered to the interrogatories
he made scruple to subscribe, andbeingurged to it, he said, if he might hear me
affirm that a person of his degree ought to set his hand, he would ; I lying
then at Richmond, for fear of the plague, was sent for, and told him he ought
to subscribe ; otherwise it were a contempt of a high nature : then he sub-
scribed. The lords questioned him further, and he showed them a letter, as
I thought, written to me, but, indeed, it was written to my lord Cecil : he de-
sired to see the letter again, and then said, " Oh, wretch ! Oh, traitor !" where-
by I perceived you had not performed that trust he had reposed in you.
Raleigh. — He is as passionate a man as lives ; for he hath not spared the
best friends he hath in England in his passion. My lords, 1 take it, he
that has been examined, has ever been asked, at the time of the examination,
if it be according to his meaning, and then to subscribe. Methinks, my lords,
when he accuses a man, he should give some account and reason of it; it is
not sufficient to say, we talked of it. If I had been the plotter, would not I have
given Cobham some arguments, whereby to persuade the King of Spain, and
answer his objections. I knew Westmoreland and Bothwell, men of other
understandings than Cobham, were ready to beg their bread.
Sir Thomas Fowler, one of the jury. — Did sir Walter Raleigh write a let-
ter to my lord, before he was examined concerning him, or not ]
Attorney. — Yes.
Lord Cecil. — I am in great dispute with myself to speak in the case of this
gentleman : a former tenderness, between me and him, tied so firm a knot of
my conceit of his virtues, now broken by a discovery of his imperfections.
I protest, did I serve a king that I knew would be displeased with me for
speaking, in this case I would speak, whatever came of it : but seeing he is
compacted of piety and justice, and one that will not mislike of any man for
speaking a truth, I will answer your question.
■ :\^
188 SIR WALTER RALEIGH,
Sir Walter Raleigh was arrested by me at Windsor, upon the first news
of Coply, that the king's person should be surprised by my lord Grey, and
and Mr. George Brook; when I found Brook was in, I suspected Cobliam ;
then I doubted Raleigh to be a partaker. I speak not this, that it should be
thought I had greater judgment than the rest of my lords, in making this
haste to have them examined. Raleigh following to Windsor, I met with
him upon the terrace, and willed him, as from the king, to stay, saying the
lords had something to say to him : then he Was examined, but not concern-
ing my lord Cobham, but of the surprising treason. My lord Grey was ap-
prehended, and likewise Brook. By Brook we found that he had given no-
tice to Cobham of the surprising treason, as he delivered it to us, but with
as much sparingness of a brother as he might. We sent for my lord Cobham
to Richmond, where he stood upon his justification, and his quality ; some-
times being froward, he said, he was not bound to subscribe, wherewith we
made the king acquainted. Cobham said, if my lord chief-justice would say
it were a contempt, he would subscribe; wliereof being resolved, we sub-
scribed. There was a light given to Aremberg; that Lawrency was exa-
mined, but that Raleigh knew that Cobham was examined, is more than I
know.
Raleigh. — If my lord Cobham had trusted me in the main, was not 1 as fit
a man to be trusted in the bye ?
Lord Cecil. — Raleigh did by his letters acquaint us that my lord Cobham
had sent Lawrency to Aremberg, when he knew not he had any dealings
with him.
Lord II. How. — It made for you, if Lawrency had been only acquainted
with Cobham, and not with you. But you knew his whole estate, and were
acquainted with Cobham's practice with Lawrency, and it was known to you
before that Lawrency depended on Aremberg.
Attorney. — 1st, Raleigh protested against the surprising treason. 2d, That
he knew not of the matter touching Arabella. 1 would not charge you, sir
Walter, with a matter of falsehood ; you say you suspected the intelligence
that Cobham had with Aremberg, by Lawrency.
Raleigh. — I thought it had been no other intelligence but such as might
be warranted.
Attorney. — Then it was but lawful suspicion. But to that whereas you
said that Cobham had accused you in passion, I answer three ways : 1st, I
observed when Cobham said, "Let me see the letter again;" he paused;
and when he did see that Count Aremberg was touched, he cried out, " Oh,
traitor ! Oh, villain ! Now will I confess the whole truth." 2d, The accu-
sation of a man on hearsay is nothing; would he accuse himself on passion,
and ruinate his cause and posterity, out of malice to accuse you ] 3d, Could
this be out of passion? mark the manner of it; Cobham had told this at
least two months before to his brother Brook ; " you are on the bye, Raleigh
and I are on the main ; we mean to take away the king and his cubs ;" this
he delivered two months before. So mark the manner and the matter ; he
would not turn the weapon against his own bosom, and accuse himself to
accuse you.
Raleigh. — Hath Cobham confessed that ]
Lord chief-j list ice. — This is spoken by Mr. Attorney, to prove that Cobham's
speech came not out of passion.
Raleigh. — Let it be proved that Cobham said so.
Attorney. — Cobham saith, he was a long time doubtful of Raleigh, that he
would send him and the money to the king. Did Cobham fear lest you
would betray him in Jersey 1 Then of necessity there must be trust between
j'ou. No man can betray a man but he that is trusted, in my understanding.
This is the greatest argument to prove that he was acquainted with Cobham'^s
proceedings. Raleigh has a deeper reach than to make himself, as he said,
a Robin Hood, a Kett, or Cade ; yet I never heard that Robin Hood was a
FOR HIGH-TREASON. 189
traitor ; they say he was an outlaw. And whereas he saith that our king is
not only more wealthy and potent than his predecessors, but also more politic
and wise, so that he could have no hope to prevail : I answer, there is no
king so potent, wise, and active, but he may be overtaken through treason.
Whereas, you say Spain is so poor, discoursing so largely thereof: it had
been better for you to have kept in Guiana, than to have been so well ac-
quainted with the state of Spain. Besides, if you could have brought Spain
and Scotland to have joined, you might have hoped to prevail a great deal
the better. For his six overthrows, I answer, he hath the more malice,
because repulses breed desire of revenge. Then you say you never talked
with Cobham but about leases, and letting lands, and ordering his house; I
never knew you clerk of the kitchen, &c. If you had fallen on your knees
at first, and confessed the treason, it had been better for you. You say he
meant to have given me a cabinet of thirty pounds ; perhaps he thought, by
those means, to have anticipated me therewith. I answer, all this accusation
in circumstance is true : here now I might appeal to my lords, that you take
hold of this, that he subscribed not to the accusation.
Lord II. How. — Cobham was not then pressed to subscribe.
Attorney. — His accusation, being testified by the lords, is of as great force
as if he had subscribed. Raleigh saith again, " If the accuser be alive, he
must be brought face to face to speak ;" and alleges 25th Edw. III. that
there must be two sufficient witnesses that must be brought face to face
before the accused, and allegeth 10th and 13th Eliz.
Raleigh. — You try me by the Spanish inquisition, if you proceed only by
the circumstances without two witnesses.
Attorney. — This is a treasonable speech.
Raleigh. — Evertere hominem justem in Causa sua injustum est: Good my
lords, let it be proved either by the laws of the land or the laws of God, that
there ought not to be two witnesses appointed ; yet I will not stand to
defend this point in law, if the king will have it so. It is no rare thing for
a man to be falsely accused. My lords, it is not against nor contrary to law
to have my accuser brought hither ; I do not demand it of right, and yet I
must needs tell you, that you will deal very severely with me if you condemn
me, and not bring my accuser to my face. Remember the story which For-
tescue relates of a certain reverend judge of this land, which condemned a
woman at Salisbury for the murder of her husband, upon presumption, and
the testimony, it seems, of one witness ; for which she was burnt : and how
that afterwards a servant of the man that was slain, being to be executed for
another crime, confessed that he had murdered his master himself, and that
the woman was innocent. What did the judge say to Fortescue, out of re-
morse of conscience ] Quod nunquam de hoc facto animam in vita sua pur-
garet. He could never have peace of conscience, though he did no more
than pronounce judgment upon the verdict of the jury. Why then, my lords,
let my accuser be brought, and let me ask him a question, and I have done ;
for it may be, it will appear from his own relation, that his accusation cannot
be true, or he may be discovered by examination, I must tell you, Mr. At-
torney, if you condemn me upon bare inferences, and will not bring my
accuser to my face, you try me by no law, but by a Spanish inquisition. If
my accuser were dead, or out of the realm, it were something ; but my
accuser lives, as I said already, and is in the house, and yet you will not
bring him to my face. It is also commanded by the Scripture, AUocutus est
Jehova Mosen, In Ore duoruin aut triura Tesfium, &c.
If Christ requireth it, as it appeareth, Matt, 18, if by the canon, civil law,
and God's word, it be required that there must be two witnesses at the least,
bear with me if I desire one,
I would not desire to live if I were privy to Cobham's proceedings. I had
been a slave, a fool, if I had endeavoured to set up Arabella, and refused so
gracious a lord and sovereign ; but urge your proofs.
190 SIR WALTER RALEIGH,
Lord chief-justice, — You have offered questions on divers statutes, all which
mention two accusers in case of indictments ; you have deceived yourself,
for the laws of '25th Edw. IIL, and 5th Edw. VL are repealed. It sufficeth
now, if there be proofs made either under hand, or by testimony of witnesses,
or by oaths ; it needs not the subscription of the party, so there be hands of
credible men to testify the examination.
Raleigh. — It may be an error in me; and if those laws be repealed, yet I
Isope the equity of them remains still ; but if you affirm it, it must be a law
to posterity. The proof of the common law is by witness and jury; let
Cobham be here, let him speak it. Call my accuser before my face, and I
have done.
Attorney. — Scientia sceleris est mera ignorantia. You have read the letter
of the law, but understand it not. Here was your anchor-liold, and your ren-
dezvous ; you trust to Cobham ; either Cobham must accuse you, or nobody;
if he did, then it would not hurt you, because he is but one witness; if he
did not, then you are safe.
Raleigh. — If ever I read word of the law or statute before I was prisoner
in the 'I'ower, God confound me.
.ittorney. — Now I come to prove the circumstances of the accusation to be
true. Cobham confessed he had a passport to travel, hereby intending to
present overtures to the archduke, and from thence to go to Spain, and there
to have conference with the king for money : you say he promised to come
by Jersey, to make merry with you and your wife.
Raleigh. — I said, in his return from France, not Spain.
Attorney. — Further, in his examination he saith, nothing could be set down
for the distribution of the money to the discontented, without conference with
Raleigh. You said it should have been for procurement of peace, but it was
for raising rebellion. Further, Cobham saith he would never have entered
into these courses, but by your instigation, and that you would never let him
alone. Your scholar was not apt enough to tell us all the plots; that is
enough for you to do, that are his master; you intended to trust sir Arthur
Savage, whom I take to be an honest and true gentleman, but not sir Arthur
Gorge.
Raleigh. — All this is but one accusation of Cobham's; I hear no other
thing; to which accusation he never subscribed nor avouched it; I beseech
you, my lords, let Cobham be sent for, charge him on his soul, on his alle-
giance to the king ; if he affirm it, I am guilty.
Lord Cecil — It is the accusation of my lord Cobham, it is the evidence
against you, must it not be of force without his subscription ? I desire to
be resolved by the judges, whether by tlie law it is not a forcible argument
of evidence.
The judges. — My lord, it is.
Raleigh. — The king at his coronation is sworn. In omnibus Judiciis su%
JEquitateni, nan Rigorem Legis, observare : by the rigour and cruelty of thii
law it may be a forcible evidence.
Lord chief-justice. — That is not the rigour of the law, but the justice of the
law ; else when a man hath made a plain accusation, by practice he might
be brought to retract it again.
Raleigh. — Oh, my lord, you may use equity.
Lord chief-justice. — That is from the king, you are to have justice from us.
Lord Anderson, — The law is, if the matter be proved to the jury, they must
lind you guilty; for Cobham's accusation is not only against you, there are
other things sufficient.
Lord Cecil. — Now that sir Walter Raleigh is satisfied that Cobham's sub-
scription is not necessary, I pray you, Mr. Attorney, go on.
Raleigh. — Good Mr. Attorney, be patient, and give me leave.
Lard Cecil. — An unnecessary patience is a hindrance; let him go on with
his proofs, and then repel them. , ^ .
^':t
FOR HIGH-TREASON. ^ 191
Raleigh. — I would answer particularly.
Lord Cecil. — If you would have a table, and pen and ink, you shall.
Then paper and ink were given Mm.
Here the clerk of the crown read the letter which the lord Cobham did
write in July, which was to the effect of his former examination, further
saying, " I have disclosed all ; to accuse any one falsely, were to burthen
my own conscience."
Attorney. — Read Copley's confession the 8th of June; he saith, he was
offered 1000 crowns to be in this action.
Here JVatsonh additions icere read.
The great mass of money from the count was impossible, saith Brook, &c.
Brook's Confession read.
There have letters passed, saith he, between Cobham and Aremberg, for a
great sum of money, to assist a second action, for the surprising of his
majesty.
Mtorney. — It is not possible it was of passion, for it was in talk before
three men being severally examined, wlio agreed in the sum to be bestowed
on discontented persons. That Grey should have 13,000 crowns, and Ra-
leigh should have 8000 or 10,000 crowns.
Cobham'' s Examination, July ISth.
If the money might be procured (saith he) then a man may give pensions.
Being asked if a pension should not be given to his brother Brook, he de-
nied it not.
Lawrency^s Examination.
Within five days after Aremberg arrived, Cobham resorted unto him.
That night that Cobham went to Aremberg with Lawrency, Raleigh supped
with him.
Attorney. — Raleigh must have his part of the money, therefore, now he is
a traitor. The crown shall never stand one year on the head of the king
(my master) if a traitor may not be condemned by circumstances : for if A.
tells B., and B. tells C, and C. D., &c. you shall never prove treason by
two witnesses.
Raleigh\s Examination was read.
He confesseth Cobham offered him 8000 crowns, which he was to ha-ve
for the furtherance of the peace between England and Spain; and that he
should have it within three days. To which he said, he gave this answer:
When I see the money I will tell you more; for I had thought it had been
one of his ordinary idle conceits, and therefore made no account thereof.
Raleigh. — The attorney hath made a long narration of Copley, and the
priests, which concerns me nothing, neither know I how Cobham was altered.
For he told me, if I would agree to further the peace, he would get me SOOO
crowns. I asked him, who shall have the rest of the money] He said, I
will offer such a nobleman (who was not named) some of the money. I said
he will not be persuaded by you, and he will extremely Iiate you for such a
motion. Let me be pinched to death with hot irons, if ever I knew there
was any intention to bestow the money on discontented persons. I had made
a discourse against the peace, and would have printed it. If Cobham had
changed his mind ; if the priests, if Brook had any such intent, what is that
to me 1 — they must answer for it. He offered me the money before Arem-
berg came, that is difference of time.
Sergeant Philips, — Raleigh confesseth the matter, but avoideth it by dis-
tinguishing of time. You said it was offered you before the coming of Arem-
berg, which is false. For you being examined, whether you should have
m'
■^'
•>-
192 SIR WALTER RALEIGH,
such money of Cobham or not, you said yea, and that you should have it
within two or three days. Nemo moriturus presuiuitur mtntiri.
Lord Ihn. Ihjic. — Allege me any ground or cause, wherefore you gave ear
to my lord Cobham for receiving pensions, in matters you had not to deal
with.
Raleigh. — Could I stop my lord Cobham's month ?
Lord Cecil. — Sir Walter Raleigh presseth, that my lord Cobham should
be brought to face him. If he asked things of favour and grace, they must
come only from him that can give them. If we sit here as commissioners,
how shall we be satisfied whether he ought to be brought, unless we hear the
judges speak]
Lord chief-justice. — This thing cannot be granted, for then a number of
treasons should flourish. The accuser may be drawn by practice, whilst he
is in person.
JucIkc Guii-dy. — The statute you speak of, concerning two witnesses in a
case of treason, is found to be inconvenient ; therefore, by another law, it was
taken away.
Raleigh. — The common trial of England is by jury and witnesses.
Lord chief-ju.ifice. — No, by examination, if three conspire a treason, and
all confess it; here is never a witness, yet they are condemned.
Judge TJ'arbinion. — I marvel, sir Walter, that you being of such experience
and wit, should stand on this point; for so many horse-stealers may escape,
if they may not be condemned without witnesses. If one should rush into
the king's privy-chamber, whilst he is alone, and kill the king (which God
forbid), and this man be met coming with his sword drawn, all bloody, shall
not he be condemned to death T My lord Cobham hath, perhaps, been la-
boured withal ; and to save you, his old friend, it may be that he will deny
all that which he hath said.
Raleigh I know not how you conceive the law.
Lord chief-Justice. — Nay, we do not conceive the law, but we know the law.
Raleigh. — The wisdom of the law of God is absolute and perfect, harcfac,
and vives, &c. But now the wisdom of the state, the wisdom of the law, is
uncertain. Indeed, where the accuser is not to be had conveniently, I agree
with you ; but here my accuser may — he is alive, and in the house. Susanna
had been condemned, if Daniel had not cried out, " Will you condemn an
innocent Israelite, without examination or knowledge of the truth V^ Remem-
ber, it is absolutely the commandment of God, "If a false witness rise up,
you shall cause him to be brought before the judges; if he be found false,
he shall have the punishment which the accused should have had." It is
very sure for my lord to accuse me is my certain danger, and it may be a
means to excuse himself.
Lord chief-justice. — There must not such a gap be opened for the destruc-
tion of the king, as would be, if we should grant this. You plead hard for
yourself, but the laws plead as hard for the thing. I did never hear that
course to be taken in a case of treason, as to write one to another, or speak
one to another during the time of their imprisonment. There hath been in-
telligence between you, and what underhand practices there may be, I know
not. If the circumstances agree not with the evidence, we will not con-
demn you.
Raleigh. — The king desires nothing but the knowledge of the truth, and
would have no advantage taken by severity of the law. If ever we had a
gracious king, now we have ; I hope, as he is, such are his ministers. If
there be but a trial of five marks at common law, a witness must be deposed.
Good my lords ; let my accuser come face to face, and be deposed.
Lord chief-justice. — You have no law for it: God forbid any man should
accuse himself upon his oath.
Attorneij The law presumes, a man will not accuse himself to accuse
FOR HIGH-TREASON. 193
another. You are an odious man; for Cobham thinks his cause the worse
that yoa are in it. Now you shall hear of some stirs to be raised in Scotland.
Part of Copley''s Examination.
Watson told me, that a certain person told him, that Aremberg offered to
him a thousand crowns to be in that action ; and that Brook said, the stirs in
Scotland came out of Raleigh's head.
Baleigh. — Brook hath been taught his lesson.
Lord H. How. — This examination was taken before me ; did I teach him
his lesson 1
Ealeigh. — I protest before God, I meant it not by any privy-counsellor ; but
because money is scant, he will juggle on both sides.
Raleigh's Examination.
The way to invade England, was to begin with stirs in Scotland.
Raleigh. — I think so still : I have spoken it to divers of the lords of the
council, by way of discourse and opinion.
Altorney. — Now let us come to those words of destroying the king and
his cubs.
Raleigh. — O barbarous! if they, like unnatural villains, should use those
words, shall I be charged with them ? I will not hear it; I was never any
plotter with them against my country ; I was never false to the crown of
England. I have spent £-1000 of my own against the Spanish faction, for
the good of my country. Do you bring the words of these hellish spiders,
Clark, Watson, and others, against me ?
Attorney. — Thou hast a Spanish heart, and thyself art a spider of hell ; for
thou confessest the king to be a most sweet and gracious prince, and yet hast
conspired against him.
Watson''s Examination read.
He said that George Brook told him twice, that bis brother, the lord Cob-
ham, said to him, that you are but on the bye, but Raleigh and I are on the
main.
Brook's Examination read.
Being asked what was meant by this jargon, the bye and the main; he
said, that the lord Cobham told him, that Grey and others were in the bye,
he and Raleigh were on the main. Being asked what exposition his brother
made of these words; he said, he is loth to repeat it. And after saith, by
the main was meant the taking away of the king and his issue ; and thinks,
on his conscience, it was infused into his brother's head by Raleigh.
Cobham^s Examination read.
Being asked, if ever he had said, It will never be well in England, till
the king and his cubs are taken away. He said, he had answered before, and
that he would answer no more to that point.
Raleigh. — I am not named in all this : there is a law of two sorts of accu-
sers, one of his own knowledge, another by hearsay.
E. Suff. — See the case of Arnold.
Lord chief-justice. — It is the case of sir William Thomas, and sir Nicho-
las Arnold.
Raleigh. — If this may be, you will have any man's life in a week.
Attorney. — Raleigh saith, that Cobham was in a passion when he said
so. Would he tell his brother any thing of malice against Raleigh, whom
he loved as his life 1
Raleigh — Brook never loved me; until his brother had accused me, he
said nothing.
Lord Cecil. — We have heard nothing that might lead us to think that Brook
R 25
^
194 SIR WALTER RALEIGH,
accused you, be was only in the surprising treason ; for by accusing you, he
should accuse his brother.
Raleigh. — He doth not care much for that.
Lord Cecil. — I must judge the best. The accusation of his brother was
not voluntary ; he pared every thing as much as he could to save his brother.
Cobhani's Examination read.
He said he hath a book written against the title of the king, which he had
of Raleigh, and that he gave it to his brother Brook ; and Raleigh said it was
foolishly written.
Attorney. — After the king came within twelve miles of London, Cobham
never came to see him ; and intended to travel without seeing the queen and
the prince. Now, in this discontentment, you gave him the book, and he
gave it to his brother.
liuleigh. — I never gave it to him ; he took it off my table. I well remem-
ber, a little before that I received a challenge from sir Amias Preston, and it
was my intention to answer it. I resolved to leave my estate settled ; I there-
fore laid out all my loose papers, amongst which was this book.
Lord Howard. — "Where had you this book \
Raleigh. — In the old treasurer's study, after his death.
Lord Cecil — Did you ever show or make known the book to me 1
Raleigh. — No, my lord.
Lord Cecil. — ^Yas it one of the books which was left to me or my brother ]
Raleigh. — I took it out of the study in my lord-treasurer's house in the
Strand.
Lord Cecil. — After my father's decease, sir Walter Raleigh desired to search
for some cosmographical descriptions of the Indies, which he thought were in
ins study, and were not to be had in print, which I granted, and would have
trusted sir Walter Raleigh as soon as any man; though since for some
infirmities, the bands of my affection to him have been broken ; and A'et re-
serving my duty to the king my master, which I can by no means dispense
with, by God I love him, and have a great conflict within myself: but I must
needs say, sir Walter used me a little unkindl}^, to take the book away with-
out my knowledge ; nevertheless, I need make no apology in behalf of my
father, considering how useful and necessary it is for privy-counsellors, and
those in his place, to intercept and keep such kind of writings : for whosoever
should then search his study, may in all likelihood find all the notorious libels
that were written against the late queen ; and whosoever should rummage my
study, at least my cabinet, may find several against the king, our sovereign
lord, since his accession to the throne.
Raleigh. — The book was in manuscript, and the late lord-treasurer had
wrote in the beginning of it, with his own hand, these words, 'This is the
book of Robert Snagg.' And I do own, as my lord Cecil has said, that I
believe they may also find in my house almost all the libels that have been
written against the late queen.
Attorney. — You were no privy-counseller, and I hope never will be.
Lord Cecil. — He was not a sworn counsellor of state, but he has been called
to consultations.
Raleigh. — I think it a very severe interpretation of the law, to bring me
within compass of treason for this book, written so long ago, of which nobody
had read any more than the heads of the chapters, and which was burnt by
G. Brook without my privity : admitting I had delivered the same to the
lord Cobham, without allowing or approving, but discommending it, ac-
cording to Cobham's first accusation, and put the case, I should come to my
lord Cecil, as I have often done, and find a stronger with him, with a packet
of libels, and my lord should let me have one or two of them to peruse : this
I hope is no treason.
Attorney, — I observe there was intelligence between you and Cobham in
FOR HIGH-TREASON, I95
the Tower ; for after he said, it was against the king's title, he denied it
again.
Sir William Wade, — First my lord Cobham confessed it, and after he had
subscribed it, he revoked it again : to me he always said, that the drift of it
was against the king's title.
Raleigh. — I protest before God, and all his works, I did not give him the
book.
Sir Robert Wroth now spoke, or whispered something secretly.
Attorney. — My lords, I must complain of sir Robert Wroth; he says this
evidence is not material.
.SV;- Robert Wroth. — T never spake the words.
Attorney. — Let Mr. Sergeant Philips testify, whether he heard him say the
words or no.
Lord Cecil. — I will give my word for sir Robert Wroth.
Sir Robert Wroth. — I will speak as truly as you, Mr. Attorney; for by
God, I never spoke it.
Lord chief-justice. — Wherefore should this book be burnt]
Raleigh. — I burned it not.
Sergeant Philips. — You presented your friend with it, when he was dis-
contented. If it had been before the queen's death, it had been a less matter ;
but you gave it him presently when he came from the king, which was the
time of his discontentment.
Raleigh. — Here is a book supposed to be treasonable ; 1 never read it, com-
mended it, or delivered, or urged it.
Attorney. — Why this is cunning.
Raleigh. — Every thing that doth make for me is cunning, and every thing
that maketh against me is probable.
Attorney. — Lord Cobham saith, that Kemish came to him with a letter
torn, and wished him not to be dismayed, for one witness could not hurt him.
Raleigh. — This poor man has been a close prisoner these eighteen weeks;
he was offered the rack to make him confess. I never sent any such mes-
sage by him ; I only writ to him, to tell him what I had done with Mr. Attorney ;
having of his, at that time, a great pearl and a diamond.
Lord H. Howard. — No circumstance moveth me more than this. Kemish
was never on the rack ; the king gave charge that no rigour should be used.
Commissioners. — We protest before God, there was no such matter intended
to our knowledge.
Raleigh. — Was not the keeper of the rack sent for, and he threatened with it ?
Sir WilUain Wade. — When Mr. Solicitor and myself examined Kemish, we
told him he deserved the rack, but did not threaten him with it.
Commissioners. — It was more than we knew.
Cobham''s Examination read.
He saith, Kemish brought him a letter from Raleigh, and that part which
was concerning the lords of the council, was torn out ; the letter stated, that
he was examined and had cleared himself of all; and that the lord H. How-
ard said, because he was discontent, he was fit to be in the action. And
further that Kemish said to him from Raleigh, that he should be of good com-
fort, for one witness could not condemn a man for treason.
Lord Cecil. — Cobham was asked, whether, and when he heard from you?
he said, every day.
Raleigh. — Kemish added more ; I never bade him speak those words.
Mr. Attorney here offered to interrupt him.
Lord Cecil — It is his last discourse. Give him leave, Mr. Attorney.
Raleigh — I am accused concerning Arabella, concerning money out of
Spain. My lord chief-justice saith, a man may be condemned with one wit-
ness ; nay, without any witness. Cobham is guilty of many, things, Consci-
entia milk Testes,- he hath accused himself, what can he hope for but
196 SIR WALTER RALEIGH,
mercy? My lords, vouchsafe me this grace. Let him be brought, being
alive and in the house ; let him avouch any of these things, I will confess
the whole indictment, and renounce the king's mercy.
Lord Cecil. — Here hath been a scandal against the lady Arabella Stewart,
a near kinswoman of the king's. Let us not scandal the innocent by confu*
sion of speech : she is as innocent of all these things as I, or any man here ;
onlj' she received a letter from my lord Cobham to prepare her ; which she
laughed at, and immediately sent it to the king.' So far was she from dis-
contentment, that she laughed him to scorn. But you see how far the count
of Aremberg did consent.
The lord admiral (Nottingham) who was standing by with the lady Ara-
bella, spoke to the court.
" The lady doth here protest, upon her salvation, that she never dealt in any
of these things ; and so she willed me to tell the court."
Lord Cecil. — The lord Cobham wrote to my lady Arabella, to know if he
might come to speak with her, and gave her to understand that there were
some about the king that laboured to disgrace her ; she doubted it was but a
trick. But Brook saith, his brother moved him to procure Arabella to write
letters to the king of Spain ; but he saith he never did it.
Raleigh, — The lord Cobham hath accused me, you see in what manner he
hath foresworn it. Were it not for his accusation, all this were nothing ; let
him be asked, if I knew of the letter which Lawrency brought to him from
Aremberg. Ler me speak for my life, it can be no hurt for him to be brought ;
he dares not accuse me. If you grant me not this favour, I am strangely used.
Campion was not denied to have his accusers face to face.
Lord chief-justice. — Since he must needs have justice, the acquitting of his
old friend may move him to speak otherwise than the truth.
Raleigh. — If I had been the infuser of all these treasons into him. You,
gentlemen of the jury, mark this ; he said I have been the cause of all his
miseries, and the destruction of his house, and that all evils have happened
unto him by my wicked counsel. If this be true, whom hath he cause to
accuse, and be revenged on, but on me? And I know him to be as revenge-
ful as any man on earth.
Attorney. — He is a party, and may not come ; the law is against it.
Raleigh, — It is a toy to tell me of law. I defy such law ; I stand on the fact.
Lord Cecil. — I am afraid my often speaking (who am inferior to my lords
here present) will make the world think I delight to hear myself talk. My
affection to you, sir Walter Raleigh, was not extinguished, but slacked, in
regard of your deserts. You know the law of the realm (to which your mind
doth not contest) that my lord Cobham cannot be brought.
Raleigh, — He may be, my lord.
Lord Cecil. — But dare you challenge itl
Raleigh . — No.
Lord Cecil. — You say that my lord Cobham, your main accuser, must come
to accuse you. You say he hath retracted : I say, many particulars are not
retracted. What the validity of all this is, is merely left to the jury. Let
me ask you this, if my lord Cobham will say you were the only instigator of
him to proceed in the treasons, dare you put yourself on this 1
Raleigh. — If he will speak it before God and the king, that ever I knew of
Arabella's matter, or the money out of Spain, or the surprising treason, I
put myself on it, God's will and the king's be done with me.
Lord H. Howard. — How if he speak things equivalent to that you have
said ■?
Raleigh. — Yes, in a main point.
Lord Cecil. — If he say you have often instigated him to deal with the Spa-
nish king, have not the council cause to draw you hither ?
Raleigh. — I put myself on it.
Lord Cecil. — Then, sir Walter Raleigh, call upon God, and prepare your-
FOR HIGH-TREASON. I97
self; for I do verily believe my lords will prove this. Excepting your faults
(I call them no worse), by God, I am your friend. The heat and passion in
you, and the attorney's zeal in the king's service, make me speak this.
Raleigh. — Whosoever is the workman, it is reason he should give account
of his work to the work-master. But let it be proved that he acquainted me
with any of his conferences with Aremberg : he would surely have given me
some account.
Lord Cecil. — That follows not. If I set you on work and you give me no
account, am I therefore innocent ?
Attorney. — For the lady Arabella, I say she was never acquainted with the
matter. Now that Raleigh had conference in all these treasons, it is mani-
fest; the jury hath heard the matter. There is one Dyer, a pilot, that being
in Lisbon, met with a Portuguese gentleman who asked him if the king of
England was crowned yet ■? to whom he answered 1 think not yet, but he
shall be shortly. Nay, saith the Portuguese, that shall never be, for his
throat will be cut by Don Raleigh and Don Cobham before he be crowned.
Dyer was called and sworn, and delivered this evidence :
Dyer. — I came to a merchant's house in Lisbon, to see a boy that I had
there ; there came a gentleman into the house, and inquiring what country-
man I was? I said, an Englishman, Whereupon he asked me, if the king
was crowned ] and I answered, no, but that I hoped he should be so shortly.
Nay, saith he, he shall never be crowned ; for Don Raleigh and Don Cobham
will cut his throat e'er that day come.
Raleigh. — What infer you upon this 1
Attorney. — That your treason hath wings.
Raleigh. — If Cobham did practice with Aremberg, how could it not but be
known in Spain ? Why did they name the Duke of Buckingham with Jack
Straw's treason, and the Duke of York with Jack Cade, but that it was to
countenance his treason.
Consider, you gentlemen of the jury, there is no cause so doubtful, which
the king's counsel cannot make good against the law. Consider my dis-
ability and their ability : they prove nothing against me, only they bring the
accusation of my lord Cobham, which he hath lamented and repented as
heartily as if it liad been for an liorrible murder : for he knew that all this sor-
row, which should come to me, is by his means. Presumptions must pro-
ceed from precedent or subsequent facts. I have spent 40,000 crowns against
the Spaniard. I had not purchased £W a-year. If I had died in Guiana, 1
had not left 300 marks a year to my wife and son. I have always condemn-
ed the Spanish faction, methinks it is a strange thingthat now I should assist
it ! Remember what St. Austin says, " Sicjudicate tanquam ah alio moxjudi-
candi ; unus judex, unum tribunal.'''' If j^ou would be contented on presump-
tions to be delivered up to be slaughtered, to have your wives and children
turned into the streets to beg their bread : if you would be contented to be so
judged, judge so of me.
Sergtant Philips. — I hope to make this so clear, as that the wit of man
shall have no colour to answer it. The matter is treason in the highest de-
gree, the end to deprive the king of his crown. The particular treasons are
these : First, to raise up rebellion, and to effect that, to procure money ; to
raise up tumults in Scotland, by divulging a treasonable book against the
king's right to the crown; the purpose, to take away the life of his majesty
and his issue. My lord Cobham confesseth sir Walter Raleigh to be guilty
of all these treasons. The question is, whether he be guilty as joining with
him, or instigating of him 1 The course to prove this was by my lord Cob-
ham's accusation. If that be true, he is guilty ; if not, he is clear. So
whether Cobham say true, or Raleigh, that is the question. Raleigh hath.no
answer, but the shadow of as much wit as the wit of man can devise. He
useth his bare denial ; the denial of a defendant must not move the jury. In
the Star-chamber, or in the Chancery, for matter of title, if the defendant be
R 2
198 SIR WALTER RALEIGH.
called in question, his denial on his oath is no evidence to the court to clear
him, he doth it \n propria causa,- therefore nnuch less in matters of treason,
Cobham's testilication against him before then, and since, hath been largely
discoursed.
Raleigh. — If truth be constant, and constancy be in truth, why hath he fore-
sworn that that he hath said ? You have not proved any one thingagainst me
by direct proofs, but all by circumstances.
Mtorney. — Have you done ] The king must have the last.
lialcigh. — Nay, Mr. Attorney, he which speaketh for his life, must speak last.
False repetitions and mistakings must not mar my cause. You should speak
secundum allega et probata. I appeal to God and the king in this point, whe-
ther Cobham's accusation be sufficient to condemn me ?
Attorney. — The king's safety and your clearing cannot agree. I protest,
before God I never knew a clearer treason.
Raleigh. — I never had intelligence with Cobham since I came to the
Tower.
Attorney. — Go too, I will lay thee upon thy back, for the most confident
traitor that ever came to a bar. Why should you take 8000 crowns for a
peace 1
Lord Cecil. — Be not so impatient, good I\Ir. Attorney, give him leave to
speak.
Attorney. — If I may not be patiently heard, you will encourage traitors, and
discourage us. I am the king's sworn servant, and must speak : If he been
guilty, he is a traitor ; if not, deliver him.
Here the attorney sat down in a passion and would speak no more, until the
commissioners urged and entreated him. After much ado he went on, and
made along repetition of all the evidence, for the direction of the jury; and,
at the repeating some things, sir Walter Raleigh interrupted him, and said,
" He did him wrong."
.ittorney. — Thou art the most vile and execrable traitor that ever lived.
Raleigh. — You speak indiscreetly, barbarously, and uncivilly.
Attorney. — I want words sufficient to express thy viperous treasons.
Raleigh. — I think you want words indeed, for you have spoken one thing
half a dozen times.
Attorney. — Thou art an odious fellow, thy name is hateful to all the realm
of England for thy pride.
Raleigh. — It will go near to prove a measuring cast between you and me,
Mr. Attorney.
.Attorney. — Well I will now make it appear to the world, that there never lived
a viler viper upon the face of the earth than thou ; and therewithal he drew
a letter out of his pocket, saying further. My lords, you shall see, this is an
agent that hath written a treatise against the Spaniard, and hath ever so de-
tested him ; this is he that hath spent so much money against him in ser-
vice; and yet you shall all see whether his heart be not wholly Spanish. The
lord Cobham, who of his own nature was a good and honourable gentleman
till overtaken by this wretch ; now, finding his conscience heavily Ijurthened
with some courses which the subtilty of this traitor had drawn him into, my
lords, he could be at no rest with himself, nor quiet in his thoughts, until he
was eased of that heavy weight ; out of which passion of his mind, and dis-
charge of his duty to his prince, and his conscience to God, taking it upon his
salvation that he wrote nothing but the truth, with his own hands he wrote
this letter. Now, sir, you shall see whether you had intelligence with Cob-
ham, within four days before he came to the Tower. If he be wholly Spa-
nish, that desired a pension of £1500 a year from Spain, that Spain, by him,
tTiight have intelligence, then Kaleigh is a traitor. He hath taken an apple,
and pinned a letter into it, and thrown it into my lord Cobham's window ; the
contents whereof were this, " It is doubtful whether we shall be proceeded with
or no, perhaps you will not be tried." This was to get a retraction. Oh I it
FOR HIGH-TREASON. 199
was Adam's apple whereby the devil did deceive him. Further, he wrote
thus, " Do not as my lord of Essex did ; take heed of a preacher ; for by his
persuasion he confessed, and made himself guilty." I doubt not but this day
God shall have as great a conquest by this traitor, and the Son of God shall be
as much glorified, as when it was said, Vicisti Galilaee ,- you know my meaning.
What though Cobham retracted, yet he could not rest nor sleep till he con-
firmed it again. If this be not enough to prove him a traitor, the king, my
master, shall not live three years to an end. —
Here the attorney produced the lord Cobham's letter, and, as he read it,
inserted some speeches : —
" I have thought fit to set down this to my lords, wherein I protest, on my
soul, to write nothing but the truth. I am now come near the period of my
time; therefore, I confess the whole truth before God and his angels. Ra-
leigh, four days before I came from the Tower, caused an apple {Evc''s upplt)
to be thrown in at my chamber-window ; the effect of it was to entreat me
to right the wrong that I had done him, in saying, that I should have come
home by Jersey; which, under my hand to him, I have retracted. His first
letter I answered not, which was thrown in the same manner, wherein he
prayed me to write him a letter, which I did. He sent me word that the
judges met at ]\Ir. Attorney's house, and that there was good hope the proceed-
ings against us should be stayed ; he sent me, another time, a little tobacco.
At Aremberg's coming, Raleigh was to have procured a pension of fifteen
hundred pounds a year ; for which he promised that no action should be
against Spain, the Low Countries, or the Indies, but he would give informa-
tion before hand. He told me the states had audience with the king. (Jftor-
ney. — ' Ah is not this a Spanish heart in an English body V) He hath been
the original cause of my ruin; for I had no dealing with Aremherg, but by
his instigation. He hath also been the cause of my discontentment ; he ad-
vised me not to be overtaken with preachers, as Essex was ; and that the
king would better allow of a constant denial, than to accuse any."
Mtornty. — Oh ! damnable Atheist ! he hath learned some text of Scripture
to serve his own purpose, but falsely alleged. He counsels him not to be
counselled by preachers, as Essex was: He died the child of God, God
honoured him at his death ; thou wast by when he died. Et Lupus et Turpes
instant morientibus ursse. He died indeed for his oiTence. The king himself
spake these words ; He that shall say Essex died not for treason is punishable.
Raleigh. — You have heard a strange tale of a strange man. Now, he
thinks, he hath matter enough to destroy me ; but the king, and all of you,
shall witness by our deaths, which of us was the ruin of the other. I bade a
poor fellow throw in the letter at the window, written to this purpose, " You
know you have undone me, now write three lines to justify me." In this I
will die, that he hath done me wrong : Why did not he acquaint me with his
treasons, if I acquainted him with my dispositions ?
Lord chief-justice. — But what say you now to the rest of the letter, and the
pension of £1500 per annum ?
Raleigh. — I say that Cobham is a base, dishonourable poor soul.
Attorney. — Is he base ] I return it into thy throat, on his behalf: but for
thee, he had been a good subject.
Lord chief-justice. — I perceive you are not so clear a man as you have pro
tested all this while; for you should have discovered these matters to the
king.
Here Raleigh pulled a letter out of his pocket, which the lord Cobham had
written to him, and desired lord Cecil to read it, because he only knew his
hand ; the effect of it was as followeth : —
Cobham'' s letter of justification to Raleigh.
Seeing myself so near my end, for the discharge of my own conscience,
and freeing myself from your blood, which else will cry vengeance against
200 SIR WALTER RALEIGH,
me ; I protest, upon my salvation, I never practised viith Spain by your pro-
curement: God so comfort me in this my aflliction, as you are a true subject,
for any thing that I know. I will say as Daniel, " Purus sum a sanguine
nujusy So God have mercy on my soul, as 1 know no treason by you.
Raleigh, — Now I wonder how many souls this man hath ! he damns one
in this letter, and another in that.
Here much tumult ensued. Mr. Attorney all erred that his last letter was
politically and cunningly urged from the lord Cobham, and that the first was
simply the truth ; and that lest it should seem doubtful that the first letter
was drawn from lord Cobham by promise of mercy, or hope of favour, the
lord chief-justice wished that the jury might herein be satisfied.
Whereupon the earl of Devonshire declared that the same was merely volun-
tary, and not extracted from the lord Cobham upon any hopes or promises of
pardon.
This was the last evidence : whereupon the marshal was sworn to keep
the jury private. The jury departed, and stayed not a quarter of an hour, but
returned, and gave their verdict. Guilty.
Serjeant Heale demanded judgment against the prisoner.
Clerk of the Crown. — Sir Walter Raleigh, thou hast been indicted, arraigned,
and hast pleaded not guilty, for all these several treasons, and for trial thereof
hast put thyself upon thy country ; which country are these who have found
thee guilty. What canst thou say for thyself, why judgment, and execution
of death, should not pass against thee 1
Raleigh. — My lords, the jury have found me guilty. They must do as they
are directed. I can say nothing why judgment should not proceed. You
see whereof Cobham hath accused me. You remember his protestations that
I was never guilty. I desire the king should know of the wrongs done unto
me since I came hither.
Lord chief-justice. — You have had no wrong, sir Walter.
Raleigh. — Yes, of Mr. Attorney. I desire my lords to remember three
things to the king. 1st. I was accused of being a practiser with Spain. I
never knew that my lord Cobham meant to go thither ; I will ask no mercy
at the king's hands, if he will affirm it. 2(1. I never knew of the practice
with Arabella. 3d. I never knew of my lord Cobham's practice with Arem-
berg, nor of the surprising treason.
Lord chief-justice, — In my conscience I am persuaded that Cobham hath
accused you truly. You cannot deny but that you were dealt with to have a
pension to be a spy for Spain ; therefore j'ou are not so true to the king as
you have protested yourself to be.
Raleigh. — I submit myself to the king's mercy ; I know his mercy is greater
than my otfence. I recommend my wife, and son of tender years, unbrought
up, to his compassion.
Lord chi(f justice. — I thought I should never have seen this day, to have
stood in this place to give sentence of death against- you; because I thought
it impossible, that one of so great parts should have fallen so grievously.
God hath bestowed on you many benefits. You had been a man fit and able
to have served the king in a good place. You had brought yourself into a
good state of living, if you had entered into a good consideration of your
estate, and not suffered your own wit to have entrapped yourself, you might
have lived in good comfort. It is best for man not to seek to climb too high,
lest he fall ; nor yet to creep too low, lest he be trodden on. It was the
maxim of the wisest and greatest counsellor of our time in England, Li medio
spatio mediocria firma locuntur. You might have lived well with £3000 a
year, for so I have heard your revenues to be. I know of nothing that could
move you to he discontented ; but if you had been down, you know fortune's
wheel, when it is turned about, riseth again. I never heard that the king
took away any thing from you, but the captainship of the guard, which he did
with very good reason, to have one of his own knowledge, whom he might
FOR HIGH-TREASON. 201
trust, in that place. You have been taken for a wise man, and have showed
wit enough this day. Again, for monopolies for wine, &c. If tiie kinghad
said, it is a matter that offends my people, should I burthen them for your
private good 1 I think you could not well take it hardly, that his subjects were
eased, though by your private hindrance. Two vices have lodged chiefly in
you ; one is an eager ambition, the other corrupt covetousness. Ambition, in
desiring to be advanced to equal grace and favour, as you have been before-
time ; that grace you had then, you got not in a day or a year. For your
covetousness, I am sorry to hear that a gentleman of your wealth should be-
come a base spy for the enemy, 'which is the vilest of all other; wherein, on
my conscience, Cobham hath said true : by it you would have increased your
living £1500 a year. This covetousness is like a canker, that eats the iron
place where it lives. Your case being thus, let it not grieve }'ou, if I speak
a Kttle out of zeal and love to your good. You have been taxed by the world
with the defence of the most heathenish and blasphemous opinions, which I
list not to repeat, because Christian ears cannot endure to hear them, nor the
authors and maintainers of them be suffered to live in any Christian common-
wealth. You know what men said of Harpool. You will do well, before
you go out of the world, to give satisfaction therein, and not to die with these
imputations on you. Let not any devil persuade you to think there is no eternity
in Heaven : for if you think thus, you shall find eternity in hell-lire. In the
first accusation of my lord Cobham, I observed his manner of speaking; I
protest before the living God, I am persuaded he spoke nothing but the truth.
You wrote, that he should not, in any case, confess any thing to a preacher,
telling him an example of my lord of Essex, that noble earl that is gone;
who, if he had not been carried away with others, had lived in honour to this
day among us. He confessed his offences, and obtained mercy of the Lord,
for I am verily persuaded in my heart, he died a worthy servant of God.
Your conceit of not confessing any thing is very inhuman and wicked. In
this world is the time of confessing, that we may be absolved at the day of
judgment. You have shown a fearful sign of denying God, in advising a
man not to confess the truth. It now comes in my mind, why you may not
have your accuser come face to face ; for such an one is easily brought to
retract, when he seeth there is no hope of his own life. It is dangerous that
any traitors should have any access to, or conference with one another ; when
they see themselves must die, they will think it best to have their fellow
live, that he may commit the like treason again, and so in some sort seek
revenge.
Now it resteth to pronounce the judgment, which I wish you had not
been this day to have received of me : for if the fear of God in you had been
answerable to your other great parts, you might have lived to have been a
singular good subject. I never saw the like trial, and I hope I shall never
see the like again.
THE JUDGMENT.
But, since you have been found guilty of these horrible treasons, the judg-
ment of this court is, that you shall be had from hence to the place whence
you came, there to remain until the day of execution ; and from thence you
shall be drawn, upon a hurdle, through the open streets to the place of execu-
tion, there shall be hanged and cut down alive, and your body shall be
opened, your heart and bowels plucked out, and your privy members cut off,
and thrown into the fire before your eyes ; then your head shall be struck off
from your body, and your body shall be divided into four quarters, to be
disposed of at the king's pleasure. And God have mercy upon your soul.
Sir Walter Raleioh besought the earl of Devonshire, and the lords, to be
suitors in his behalf to the king ; that in record to places of estimation he
did bear in his majesty's timi^, the rigour of ms judgment might be qualified,
and his death honourable and not icrnominious.
26
202 SIR WALTER RALEIGH,
Wherein, after they had promised him to do their utmost endeavours, the
court rose, and the prisoner was carried up again to the castle.
It was observed, that before the lords" (principally to lord Cecil) at
Winchester (for there he was tried, the sickness then reigning- in London),
he was humble, but not abject; dutiful, but not dejected ; for, in some cases,
he would humbly thank them for gracious speeches ; in others acknowledge
that their worships said true, as relating to some circumstances. And in
such points wherein he would not yield unto them, he would crave pardon,
and with reverence urge them, and answer them as in points of law, or essen-
tial matters of fact. To the jury, he was affable, but not fawning ; hoping,
but not trusting in them ; carefully persuading them with reason, not intem-
perately importuning them ; and upon the whole rather showing love of life,
than fear of death. What bore hard against sir Walter, was his discovery
of Lawrency and Cobham's frequent conferences ; which so incensed Cob-
ham, that he positively accused him ; though the single evidence of one
already convicted of what sir Walter was but impeached, could only make a
circumstance, and not convict him. The judges and the king's counsel did
what they could to clamour him out of liis life ; and, since they wanted
proof, they endeavoured to tire him out. If we may believe Osborn, several
of the jurymen, after he was cast, were so far touched in conscience as to ask
of him pardon on their knees.
A further confirmation of his innocence may be a passage of his own, in a
letter to secretary Winwood, wherein he tells him, " That the worthy prince
of Wales was extremely curious in searching out the nature of his offences.
The queen's majesty had informed herself from the beginning. The king of
Denmark, at both times of his being here, was thoroughly satisfied of his
innocence ; they would otherwise never have moved his majesty on his
behalf. The wife, the brother, and the son of a king do not use to sue for
suspected men." Nay, further yet, the Scots themselves declared in favour
of him, if we may believe him in another letter of his to sir Robert Car, after-
wards earl of Somerset, wherein are these words : " I have ever been
bound to your nation, as well for many other graces, as for the true report of
my trial to the king's majesty, against whom, had I been malignant, the
hearing of my cause could not have changed enemies into friends, malice into
compassion, and the minds of the greatest number, then present, into com-
miseration of mine estate. It is not the nature of foul treason to beget such
fair passions ; neither could it agree with the duty and love of faithful sub-
jects (especially of your nation), to bewail his overthrow that had conspired
against their most natural and liberal lord."
Two days after. Raleigh's trial, were sentenced Brook, who pretended his
intention was only to try faithful subjects, and said he had a commission for
so doing, but produced it not; Markham, who confessed the indictment,
pleaded discontent, and desired mercy ; Watson, who confessed that he drew
them all in, holding the king to be no sovereign till he was crowned, in-
stancing in Saul and Jeroboam ; and Clark, who said the like. Parham and
Brooksby were acquitted by the jury. Watson, Clark, and Brook were
executed ; Markham, Cobliarn, and Grey, brought severally on the scaffold
to die, and at the instant they were on the block, had their particular execu-
tions remitted, by a letter to the sheriff, under the king's own hand, without
the knowledge of any, save Mr. Gibbs, gentleman of the bedchamber, who
brought it. However, an evil fate attended these men; Grey died in the
Tower, the last of his line ; the rest were discharged, but died miserably
poor: Markham and some others abroad ; but Cobham (as Osborn tells us)
in a room, ascended by a ladder, at a poor woman's house in the Minories
(formerly his laundress), died rather of hunger.
Sir Walter was left to his majesty's mercy, who thought him too great a
malcontent to have his freedom, and probably too innocent to lose his life.
He was therefore confined in the Tower, but permitted to enjoy libera cus-
%.
FOR HIGH-TREASON. 203
todla,- where he employed his imprisonment in obtaining learning and
science of various kinds. Since his majesty had buried him, and, as it were,
banished him from this world, he thought it no treason to disturb the ashes
of former times, and bring to view the actions of deceased heroes. And,
certainly, none was so fit to comment on their achievements, and so able to
raise excellent maxims from them, as he who had been brought up in so wise
a court as that of queen Elizabeth, and read so many wise men. After some
time passed there, he completed the History of the World ; a book which,
for the exactness of its chronology, singularity of its contexture, and learning
of all sorts, seems to be the work of an age. That a man who had been
the greatest part of his life taken up in action, should write so judiciously, so
critically of times and actions, is as great a wonder as the book itself. It
still remains a dispute, whether the age he lived in was more obliged to his
pen or his sword, the one being busy in conquering the new, the other in so
eloquently describing the old world. An history wherein the only fault, or
defect rather, is, that it wanted the one-half; which was occasioned, as our
story tells us, thus ; some few days before he suffered, he sent for Mr. W al-
ter Burr, who formerly printed his first volume of the History of the World,
whom taking by the hand, after some other discourse, he asked how it had
sold T Mr. Burr returned this answer, " It sold so slowly that it had undone
him." At these words sir Walter, stepping to his desk, took the other un-
printed part of his history, which he had brought down to the times he
lived in, and clapping his hand upon his breast, said, with a sigh, " Ah ! my
friend, hath the first part undone thee? the second part shall undo no more ;
this ungrateful world is unworthy of it!" and immediately going to the fire-
side, threw it in, and set his foot upon it till it was consumed. As great a
loss to learning as Christendom could have sustained ; the greater, because it
could be repaired by no hand but his.
Fourteen years sir Walter spent in the Tower, and being weary of a state
wherein he could be only serviceable by his pen, but not in a capacity of
serving and enriching his country any other way (of whom prince Henry
would say, that no king but his father would keep such a bird in a cage), at
length commenced an enterprise of a gold mine in Guiana, in the southern
parts of America. The proposition of this was presented and recommended
to his majesty by sir Ralph Winwood, then secretary of state, as a matter
not in the air, and speculative; but real, and of certainty : for that sir Walter had
seen some ore of the mine, and tried the richness of it, having gotten a pound
from thence by the hands of captain Kemish, his ancient servant.
Sir Ralph Winwood's recommendation of the design, and the earnest soli-
citations of the queen, the prince, and the French lieger for his enlargement,
together with the asseverations of sir Walter of the truth of the mine, worked
upon his majesty, who thought himself in honour obliged, nay, in a manner
engaged (as the declaration which he published after the death of sir Walter
tells us), not to deny unto his people the adventure and hope of such great
riches to be sought and achieved at the charge of volunteers ; especially
since it stood so well with his majesty's politic courses in those times of
peace, to nourish and encourage noble and generous enterprises for planta-
tions, discoveries, and opening a new trade.
Count Gondamor (an active and subtile instrument to serve his master's
ends) took alarm at this, and represented to his majesty the enterprise of sir
Walter to be hostile and predatory, intending a breach of the peace between
the two crowns. But notwithstanding, the power at last was granted to sir
Walter to procure ships and men for that service. However, the king com-
manded him upon pain of his allegiance, to give him, under his hand (pro-
mising on the word of a king to keep it a secret), the number of his men, the
burthen and strength of his ships, together with the country and river he was
to enter ; which, being done accordingly by sir Walter, that very original
paper was found in the Spanish governor's closet, at St. Thomas ! so active
■'-•^^,.
204 SIR WALTER RALEIGH,
were the Spanish ministers, that intelligence was sent to Spain, and thence
to the Indies, before the English fleet got out of the Thames.
But, as we have just cause to admire the more than usual activitjr of the
Spanish agents, so may we wonder no less at the baseness of his majesty's
ministers ; wiio notwithstanding he had passed his royal word to the contrary,
yet did they help count Gondamor to that very paper ; so much both the
icing and court were at Gondamor's service.
His commission for this Guiana expedition we shall pass over ; with it,
and the company of several brave captains, and other knights and gen^
tlemen of great blood and worth, he set out in quest of the mine, with a com-
plete fleet of twelve sail.
On the 17th of November he arrived at Guiana, having been much retarded
by contrary winds, and having lost several of his volunteers in the voyage,
by a violent calenture. What he did there, and at St. Thomas, is too long
to rehearse. In his apology, he says, the Spaniards began the hostilities,
which occasioned his falling upon the place. While that action was per-
forming sir Walter staid at Point de Gallo during nine weeks, where the un-
welcome news was brought him of the loss of his son, and the defeat they
met with in their design upon the mine. However, this ill news could not
alter the resolution of sir Walter, of returning to England, though he knew
he should meet with several enemies there, who had, by their calumnies,
rendered the voyage nothing but a design ; and, though several of his m.en
were for landing at Newfoundland ; for if we may believe himself, at the
hour of his death, the two noble earls, Thomas of Arundel, and William of
Pembroke, engaged him to return ; and sir Walter was resolved, though in-
evitable danger threatened him, to keep his promise.
No sooner had they arrived upon the coasts of Ireland, but the taking and
sacking of St. Thomas, firing of the town, and putting the Spaniards there to
the sword (though in their own defence), was noised abroad in all parts, and
was, by special intelligence, communicated to count de Gondamor ; who
thereupon, desiring audience of his majesty, said he had but one word to say ;
his majesty, much wondering what might be delivered in one word, when he
came before him he bawled only out, " pirates ! pirates ! pirates!"' — a very
curious speech for an ambassador. Whereupon his majesty published his ro3'al
proclamation, for the discovery of the truth of sir Walter Raleigh's proceed-
ing, and the advancement of justice. But, after all this noise, sir Walter
was not questioned for his Guiana action ; for it is believed, not without very
good ground, that neither the transgression of his commission, nor any thing
acted beyond the line, where the articles of peace between the two courts did
not extend, could have, in a legal course of trial, shortened his days.
When sir Walter Raleigh was arrived at Plymouth, sir Lewis Stukely,
vice-admiral of the county of Devon, seized him, being commissioned by his
majesty to bring him to London ; which gave little terror to a person who
could expect nothing less ; and he was now forced to make use of all the
arts imaginable to appease his majesty and avert his anger. To this intent,
Manowry, a French quack at Salisbury, gave him several vomits, and an
artificial composition, which made him look ghastly and dreadful, full of pim-
ples and blisters, so as to deceive the physicians themselves, who could not
tell what to make of his urine (though often inspected), being adulterated
with a drug in the glass, that turned it, even in their hands, to an earthy hu-
mour of a blackish colour, and of a very offensive savour.
While he lay under this disguise, he penned his declaration and apology,
which have sufficiently proved his honourable designs in that voyage, and
answered the little calumnies of his enemies. When he was brought to
London, he was allowed the confinement of his own house ; but finding the
court wholly guided by Gondamor, he could hope for little mercy ; therefore,
he wisely contrived the design of an esca])e into France, which sir Lewis
Stukely betrayed. But the fate of traitors pursued him, and brought him to
J' •■ -
FOR HIGH-TREASON. ' 205
a contemptible end ; he died a poor distracted beggar in the isle of Lindey,
having, for a bag of money, falsified his faith, confirmed by the tie of the
sacrament (if we may give credit to Mr. Hovs^el, who hath given us this
story) ; for before the year came about, he was found clipping the very same
coin in the king's own house, at Whitehall, which he had received for a re-
ward of his perfidiousness ; for which, being condemned to be hanged, he
was forced to sell himself to his shirt, to purchase his pardon of two knights.
King James was willing to sacrifice the life of sir Walter to the advance-
ment of peace with Spain, but not upon such grounds as the ambassador had
designed; for he desired a judgment upon the pretended breach of peace,
that by this occasion he might slily gain from the English an acknowledg-
ment of his master's right in those places, and thereafter both stop their
mouths, and quench their heat and valour. Hence upon his old condemna-
tion (for having had experience upon a former trial, they cared not to run the
hazard of a second), he was sentenced : the old judgment being only averred
against him.
Sir Walter being brought to the bar on the 28th of October, 1G18, Mr.
Attorney (Mr. Henry Yelverton) spake in effect thus : —
" My lords, sir Walter Raleigh, the prisoner at the bar, was, fifteen years
since, convicted of high-treason, by him committed against the person of his
majesty, and state of this kingdom, and then received the judgment of death,
to be hanged, drawn, and quartered. His majesty of his abundant grace
hath been pleased to show mercy upon him, till now that justice calls unto
him for execution.
" Sir Walter Raleigh hath been a statesman, and a man, who, in regard to
his parts and quality, is to be pitied. He hath been as a star at which the
world hath gazed ; but stars may fall ; nay, they must fall when they trouble the
sphere wherein they abide. It is, therefore, his majesty's pleasure now to
call for execution of the former judgment, and I now require order for the
same."
The record of his conviction and judgment being read; then the prisoner
being asked, "what he could say for himself why execution should not be
awarded against him," he spoke shortly, that he had been, since his convic-
tion, intrusted with power as marshal over life and death, and that he was
therefore discharged of the judgment; but these matters being immediately
ruled against him, he sent in to complain that he had hard measure in his
former trial, and to petition for the king's mercy.
Lord chief-justice (sir Henry Montague). — Sir Walter Raleigh, you must
remember yourself; you had an honourable trial, and you were justly con-
victed, and it were wisdom in you now to submit yourself, and to confess
your olfence did justly draw upon you that judgment which was then pro-
nounced against you ; wherefore I pray you, attend what I shall say unto
you. I am here called to grant execution upon the judgment given you fif-
teen years since ; all which time you have been as a dead man in the law,
and might at any minute have been cut off, but that the king in mercy spared
you. You might think it strange if this were done in cold blood, to call
you to execution, but it is not so : for new offences have stirred up his ma-
jesty's justice to remember to revive what the law hath formerly cast upon
you. I know you have been valiant and wise, and I doubt not but you re-
tain both those virtues, for you now shall have occasion to use them. Your
faith hath heretofore been questioned, but I am resolved you are a good Chris-
tian ; for your book, which is an admirable work, doth testify as much. I
would give you counsel, but I know you can apply unto yourself, far better than
I am able to give you ; yet will I, with the good neighbour in the gospel, who,
finding one in the way wounded and distressed, poured oil into his wounds and
refreshed him. I give unto you the oil of comfort, yet in respect that I am
a minister of the law, mixed with vinegar. Sorrow will not avail you in
some kind : for were you pained, sorrow would not ease you ; were youafflict-
S
206 SIR WALTER RALEIGH,
ed, sorrow would not relieve you ; were you tormented, sorrow would not con-
tent you : and yet the sorrow for your sins would be an everlasting comfort to
you. You must do as that valiant captain did, who, perceiving himself
in danger, said, in defiance of death, '■^ Death, thou expecte&t me, hut, luuugrt
thy spite, I expect Mee." Fear not death too much, nor fear not death too little ;
not too much, lest you fail in your hopes; not too little, lest you die presump-
tuously. And here I must conclude with my prayers to God for it, and that
he would have mercy on your soul.
And so the lord chief-justice ended with these words, " execution is granted."
From Westminster-hall he was carried to the Gate-house, and from thence,
the next morning, to the Parliament-yard, where he had the favour of the
axe granted him. All persons have wondered how that old sentence, that
had laid dormant sixteen years and upwards against sir Walter, could have
been made use of to take oif his head afterwards. Considering the then lord-
chancellor Verulam told him positively (as sir Walter was acquainting him
with that proffer of sir William St, Geon, for a pecuniary pardon, which
might have been obtained for a less sum than his Guiana preparations amount-
ed to), in these words : " Sir, the knee-timber of your voyage is money ;
spare your purse in this particular ; for, upon my life, you have a sufficient
pardon for all that is passed already ; the king having, under his broad seal,
made you admiral of your fleet, and given you power of martial-law over the
officers and soldiers," It was the opinion of most lawyers, that he who, by
his majesty's patent, had power of life and death over the king's liege people,
should be esteemed or judged rectus in curia, and free from all old convic-
tions. But sir Walter made the best defence for his Guiana actions in his
letter to his majesty, which we have here inserted,
" May it please your most excellent Majesty,
If, in my journey outward-bound, I had my men murdered at the island,
and yet refused to take revenge; if I did discharge some Spanish barks
taken, without spoil ; if I did forbear all parts of the Spanish Indies, wherein
I might have taken twenty of their towns, on the sea-coast, and did only
follow the enterprise I undertook for Guiana, where, without any directions
from me, a Spanish village was burnt, which was new set up, within three
miles of the mine ; by your majesty's favour, I find no reason why the Spa-
nish ambassador should complain of me. If it were lawful for the Spaniards
to murder twenty-six Englishmen, binding them back to back, and then
cutting their throats, when they had traded with them a whole month, and
came to them on the land without so much as one sword ; and that it
may not be lawful for your majesty's subjects, being charged first by them,
to repel force by force, we may justly say, O miserable English! If Parker
and Metham took Campeachy, and other places in the Honduras, seated in
the heart of the Spanish Indies, burnt towns, killed the Spaniards, and had
nothing said to them at their return, and myself forbore to look into the
Indies, because I would not offend ; I may justly say, O miserable sir Walter
Raleigh ! If I spent my poor estate, lost my son, suffered by sickness, and
otherwise a world of miseries ; if I have resisted, with the manifest hazard
of my life, the robberies and spoils which my company would have made;
if, when I was poor, I might have made myself rich ; if, when I had got my
liberty, which all men and nature itself doth so much prize, 1 voluntarily
lost it; if, when I was sure of my life, I rendered it again ; if I might else-
where have sold my ship and goods, and put 5 or £0000 in my pocket, and
yet have brought her into England ; I beseech your majesty to believe, that
all this I have done, because it should not be said to your majesty, that your
majesty had given liberty and trust to a man whose end was but the recovery
of his liberty, and who had betraj^ed your majesty's trust. My mutineers
told me, that if I returned to England, I should be undone; but I believed
i."l your majesty's goodness more than in all their arguments. Sure I am,
f'm
FOR HIGH-TREASON. 207^
chat I am the first that, being free and able to enrich myself, have embraced
poverty and peril ; and as sure I am, that my example shall make me the last-
But your majesty's wisdom and goodness I have ever made my judges who
have ever been and shall ever be,
"Your majesty's most humble vassal,
" Walter Raleigh."
This noble and eloquent apology could not, however, satisfy Gondamor's
rage, who was resolved to sacrifice the only favourite left of queen Elizabeth,
to the Spanish interest ; and who, as Osborn remarks, was the only person of
Essex's enemies that died lamented ; and the only man of note left alive,
that had helped to beat the Spaniards in the year 1588.
Upon Thursday, the 29th of October, 1618, sir Walter Raleigh was con-
veyed, by the sheriffs of London, to a scaifold in Old Palace-yard, at West-
minster, where he was executed about nine o'clock in the morning of the
same day ; his confession and several speeches that he there delivered, we
shall give in the words of an old author.
His first appearance upon the scaffold was with a smiling countenance,
saluting the lords, knights, and gentlemen, with others of his acquaintance
there present, when, after a proclamation of silence by an officer appointed,
he began to speak in this manner:
"I desire to have some allowance made me, because this is the third day
of my fever ; and if I show any weakness, I beseech you to attribute it to
my malady, for this is the hour I look for it."
Then pausing awhile, and directing himself towards a window, where lord
Arundel and lord Doncaster, with some other lords and knights, sate, with a
loud voice he said as follows : —
" I thank God of his infinite goodness, that he hath sent me to die in the
sight of so honourable an assembly, and not in darkness." But by reason
the place where they sat was some distance from the scaffold, that they could
not easily hear him, he said, " I will strain myself, for I would willingly
have your honours hear me."
Lord Arundel answered, " We will come upon the scaflTold ;" where, after
he had saluted every one of them severally, he began as follows : —
" As I said, I thank my God heartily, that he hath brought me into the light
to die, and not suffered me to die in the dark prison of the Tower, where I have
suffered a great deal of adversity, and a long sickness ; and I thank God that
my fever hath not taken me at this time, as I prayed God it might not.
" There are two main points of suspicion that his majesty hath conceived
against me, wherein his majesty cannot be satisfied, which I desire to clear
and resolve you in.
" One is, that his majesty hath been informed that I have had some plot
with France, and his majesty had some reason to induce him thereunto. One
reason that his majesty had to conjecture so, was, that when I came back
from Guiana, being come to Plymouth, I endeavoured to go to Rochelle,
which was because I would fain have made my peace before I came to Eng-
land. Another reason was, that, upon my flight 1 did intend to fly to France,
for saving of my life, having had some terror from above. A third reason
was, the French agent's coming to me ; and it was reported I had commis-
sion from the king of France.
" But this I say, for a man to call God to witness to a falsehood at any
time is a grievous sin, and what shall we hope for at the Tribunal Day of
Judgment ] But to call God to witness to a falsehood at the time of death, is
far more grievous and impious, and there is no hope for such an one. And
what should I expect, that am now going to render an account of my faith ?
I do, therefore, call the Lord to witness, as I hope to be saved, and as I hope
to be seen in his kingdom, which will be within this quarter of an hour, I
never had any commission from the king of France, nor any treaty with the
208 SIR WALTER RALEIGH
French agent, nor with any from the French king ; neither knew I that there
was an agent, or what he was, till I met him in my gallery at my lodging
unlocked for. If I speak not true, O Lord, let me never come into thy glory.
'• The second suspicion was, that his majesty hath been informed that I
should speak dishonourably and disloyally of him. But my accuser was a
base Frenchman, a kind of chemical fellow, one whom I knew to be perfi-
dious ; for being drawn into this action at Winchester, in which my hand
was touched, and he being sworn to secrecy over night, revealed it in the
morning.
" But in this I speak now, what have I to do with kings ■? I have nothing
to do with them, neither do I fear them ; I have now to do with God ; there-
fore, as I hope to be saved at the last day, I never spoke dishonourably, dis-
loyally, nor dishonestly of the king, neither to this Frenchman, nor to any
other ; neither had I ever, in all my life, a thought of ill against his majesty ;
therefore I cannot but think it strange, that this Frenchman, being so base,
so mean a fellow, should be so far credited ; and so much for this point. I
have dealt truly, and I hope I shall be believed. I confess, I did attempt to
escape, and I did dissemble, and made myself sick at Salisbury, but I hope
it was no sin. The prophet David did make himself a fool, and did suffer
spittle to fall upon his beard, to escape the hands of his enemies, and it was
not imputed to him as sin ; and I did it to prolong time till his majesty came,
hoping for some commiseration from him.
" I forgive this Frenchman, and Sir Lewis Stukely, and have received the
sacrament this morning from Mr. Dean ; and I do also forgive all the world.
But thus much I am bound in charity to speak of this man, that all men may
take good heed of him : sir Lewis Stukely, my kinsman and keeper, hath
affirmed, that I should tell him, that I did tell lord Carew and lord Doncaster
of my pretended escape. It was not likely that I should acquaint two privy-
counsellors of my purpose; neither would I tell him, for he left me six,
seven, eight, nine, or ten days, to go where I listed, while he rode about the
country.
" Again, he accused me, that I should tell him, that lord Carew and
lord Doncaster would meet me in France, which was never my speech or
thought.
"Thirdly, he accused me, that I showed him a letter, and that I should
give him £10,000 for my escape; but cast my soul into everlasting fire, if
ever I made him an otfer of £10,000 or £1000. I merely showed him a
letter, that if he would go with me, his debts should be paid when he was
gone ; neither had I £1000 ; for if I had had so much, I could have done better
with it, and made my peace otherwise.
" Fourthly, when I came to sir Edward Pelham, who had been sometimes a
follower of mine, who gave me good entertainment ; he gave out that I had
received some dram of poison in sir Edward Pelham's house; when I an-
swered, that I feared no such thing, for I was well assured of them in the
house. Now, God forgive him, for I do, and I desire God to forgive him. I
will not only say, God is the God of revenge, but I desire God to forgive
him, as I hope to be forgiven."
Then he looked over his note of remembrance.
" Well (saith he), thus far I have gone : now a little more, and I will have
done by and by.
" It was told the king I was brought per force into England, and that I did
not intend to come again ; whereas, captain Charles Parker, Mr. Tresham,
Mr. Leak, and divers others that knew how I was dealt withal, shall witness
for me ; for the common soldiers (which were one hundred and fifty) mutinied,
and sent for me to come into the gun-room to them (for at that time they
would not come to me), and there was I forced to take an oath, that I would
not come into England till they would have me, else they would cast me
into the sea and drown me ; afterwards they entered rny cabin, and set
*♦.
FOR HIGH-TREASON. • 209
themselves against me. After I had taken this oath, with wine and other
things, I drew the chiefest of them to desist, and at length persuaded them
to go into Ireland ; then they would have gone into the north parts of Ireland,
but I told them they were redshanks; yet at last, with much ado, I per-
suaded them to go into the south parts, promising to get their pardons ; but
was forced to give them £125 at Kinsale, to bring them home, otherwise I
had never got from them.
" There was a report that I meant not to go to Guiana at all ; and that I
knew not of any mine, nor intended any such matter, but only to get my
liberty, which I had not the wit to keep. But it was my full intent to go for
gold, for the benefit of his majesty and those that went with me, with the
rest of my countrymen ; but he that knew the head of the mine would not
discover it when he saw my son was slain, but made himself away."
Then he turned to lord Arundel, and said,
" Being in the gallery in my ship, at my departure, your honour took me
by the hand, and said you would request me one thing, which was, ' that
whether I made a good voyage or had, yet I should return again into Eng-
land ; when I made you a promise, and gave you my faith that I would.' —
' And so you did,' answered my loid ; ' it is true, they were the last words I
spoke unto you.'
"Another opinion was, that I carried to sea with me 1600 pieces, and that
was all the voyage I intended, only to get money into my hands, and that I
had weighed my voyage before ; whereas, I protest I had but £100 in all the
world, whereof I gave £.25 to my wife : the reason of this speech was this ;
there was entered £20,000, and yet but £4000 in the surveyor's book ; now I
gave my bill for the other £l<),000 for divers adventures ; but I protest I had
not one penny more than £100, as I hope to be saved.
" Another slander was raised, that I would have gone away from them and
left them at Guiana, but there were a great many worthy men that accompa-
nied me always, as my sergeant-major George Raleigh, and divers others
(which he then named), knew that my intent was nothing so. And these be the
material points I thought good to speak of; I am now at this instant to render
my account to God ; and I protest, as I shall appear before him, this that I
have spoken is true.
" I will speak but a word or two more, because I will not trouble Mr.
Sheriff too long.
"There was a report spread that I should rejoice at the death of lord
Essex, and that I should take tobacco in his presence; when, as I protest, I
shed tears at his death, though I was one of the contrary faction ; and, at the
time of his death, I was all the wliile in the armory at the further end, where
I could but see him. I was sorry that I was not with him, for I heard he
had a desire to see me, and be reconciled to me. So that I protest I
lamented his death, and good cause had I ; for after he was gone I was little
beloved.
" And now I entreat you all to join with me in prayer, that the great God of
Heaven, whom I have grievously offended, being a man full of all vanity,
and have lived a sinful life, in all sinful callings, having been a soldier, a
captain, a sea-captain, and a courtier, which are all places of wickedness and
vice ; that God (I say) would forgive me, and cast away my sins from me,
and that he would receive me into everlasting life. So I take my leave of
you all, making my peace with God."
Then proclamation being made, that all men should depart the scaffold, he
prepared himself for death, giving away his hat and wrought night-cap, and
some money to such as he knew that stood near him ; taking his leave of the
lords, knights, and other gentlemen, and among the rest, taking his leave of
the lord of Arundel, he thanked him for his company, and entreated him to
desire the king, that no scandalous writing to defame him might be published
s2 21
210 O'COIGLEY, O'CONNOR, AND OTHERS,
after his death, saying unto him, " I have a long journey to go, and therefore
will take iriy leave."
Then putting off his gown and doublet, he called to the headsman to show
him the axe, which being not presently showed him, he said, " I pray thee
let me see it, dost thou think that I am afraid of if?" And having it in
his hands, he felt along upon the edge of it, and, smiling, spake to the she-
riff, saying, "This is a sharp medicine, but it is a physician for all diseases."
Then going to and fro upon the scaffold, on every side, he prayed the company
to pray to God to assist him and strengthen him.
Being asked which way he would lay himself, on which side the block, as
he stretched himself along, and laid his head on the block, he said, " So the
heart be right, it is no matter which way the head lieth." And then praying,
after he had forgiven the headsman, having given him a sign when he should
do his office, at two blows he lost both head and life, his body never shrink-
ing nor moving. His head was showed on each side of the scaffold, and then
put into a red leather bag, and his wrought velvet gown thrown over it, which
was afterwards conveyed away in his lady's mourning-coach.
The large effusion of blood which proceeded from his veins amazed the
spectators, who conjectured he would have survived many years, though now
near fourscore years old.
He behaved himself at his death with so high and so religious a resolution,
as if a Christian had acted a Roman, or rather a Roman a Christian : and by
the magnanimity which was then conspicuous in him, he abundantly baffled
the calumnies of those who had accused him of atheism.
Thus died that knight, who was Spain's scourge and terror, and Gonda-
mor's triumph ; whom the whole nation pitied, and several princes interceded
for; Queen P]lizabeth's favourite, and her successor's sacrifice; a person of
so much worth, and such great interest, that king James would not execute
him without an apology. One of such incomparable policy, that he was too
hard for Essex, was the envy of Leicester, and Cecil's rival ; who grew jea-
lous of his excellent parts, and was afraid of his being supplanted by him.
His head was wished on the secretary's shoulders, and his life valued by
some at a higher rate than the infanta of Spain, though a lady incomparably
excellent both in mind and body.
Authors are perplexed under what topic to place him, whether of statesimanj
seaman, soldier, chemist, or chronologer ; for in all these he excelled. He
could make every thing he read or heard his oAvn, and his own he could easily
improve to the greatest advantage. He seemed to be born to that only which
he attempted, so dexterous was he in all his undertakings.
JAMES O'COIGLEY, ARTHUR O'CONNOR, JOHN BINNS, JOHN
ALLEN, AND JEREMIAH LEARY,
FOR HIGH-TREASON, AT MAIDSTONE, 1798.
The indictment was read by Mr. Knapp, who afterwards stated the charges
it contained in a summary manner. He said there were three distinct spe-
cies of treason charged in the indictment, and seven overt acts. The first
charge was, compassing and imagining the death of the king; the second,
adhering to his enemies ; the third, compassing and imagining, inventing,
devising, and intending to move and stir certain foreigners, and strangers,
that is to say, the persons exercising the powers of government in France, to
invade this kingdom. The first overt act was, conspiring to levy war at
FOR HIGH-TREASON. 211
Margate, in the county fo Kent ; the second overt act, sending intelligence to
the enemy ; the other overt acts w^ere attempts to hire vessels, and to leave
the kingdom.
Mr. Abbott opened the case on the part of the crown, and the attorney-gene-
ral detailed the whole of the circumstances, stating the tenor of the paper, pur-
porting to be an address to the directory of France, together with several letters
of a treasonable tendenc)\ He entered into a minute history of the conduct
of the prisoners, from February 27 till the time of their apprehension, in
order to show their design was to get to France.
On the next day, the court being met, Mr. Plomer, as leading counsel for
Messrs, O'Connor and O'Coigley, opened the defence in an able speech,
which occupied four hours and a half in delivery. O'Coigley, in his defence,
addressed the jury as follows : —
" It is impossible for me to prove a negative ; but it is a duty I owe to you,
and to myself, solemnly to declare, that I never was the bearer of any mes-
sage or paper of this kind to France in the course of my life. That paper is
not mine ; it never belonged to me. It states, that it was to be carried by
the bearer of the last ; this is something which might have been proved, but
it is impossible for me to prove the negative. There is also in this paper an
allusion to secret committees and political societies. I declare that I never
attended any political Society whatever. With these considerations, I con-
sign my life to your justice; not doubting but that you will conduct your-
selves as English jurymen ever do, and that your verdict will be such as
shall receive the approbation of your own conscience, your country, and your
God."
The jury, after about half an hour's consideration, found O'Coigley Guilty,
but acquitted the rest.
Mr. Justice Buller, in an address to O'Coigley, which he read from a writ-
ten paper, previous to his passing the sentence, observed, that he had been
clearly convicted of the most atrocious crime which could be committed in
any country ; and then, in a solemn manner, passed the following sentence :
— That the prisoner be taken from the bar to the prison, and from thence to
the place of execution ; there to be hanged, but not until he be dead ; to be
cut down while yet alive, and then have his heart and bowels taken out and
burnt before his face ; his head to be severed from his body, and his body to
be divided into four quarters.
On O'Coigley's being tied up to the gallows, on the 7th of June, he made
the following speech :
" I shall only here solemnly declare that I am innocent of the charge for
which I suffer. I never was in my life the bearer of any letter, or other paper or
message, printed, written, or verbal, to the directory of France, nor to any per-
son on their behalf; neither was I ever a member of the London Correspond-'
ing Society, or of any other political society in Great Britain ; nor did I ever
attend any of their meetings, public or private — so help me God ! I know not
whether I shall be believed here in what I say, but I am sure I shall be be-
lieved in the world to come. It can scarcely be supposed that one like me,
in this situation, going to eternity, before the most awful tribunal, would die
with a falsehood in his mouth ; and I do declare, by the hopes I confidently
feel of salvation and happiness in a future state, that my life is falsely and
maliciously taken away by corrupt and base perjury, and subornation of per-
jury, in some cases proceeding from mistake, no doubt, but in others from
design. Almighty God forgive all my enemies ! I beg of you to pray that
God will grant me grace — for I have many sins to answer for ; but they are
the sins of my private life, and not the charge for which I now die. (Rais-
ing his voice). Lord have mercy on me, and receive my soul."
The board was then let down, and he remained suspended for twelve
or thirteen minutes ; he was then taken down, decapitated by a surgeon,
and the executioner held up his head to the populace, saying, " This is the
212 ANN BROADRIC,
head of a traitor." Both head and body were then put into a shell, and bu-
ried at the foot of the g-allows.
The chief evidence against O'Coigley was a police officer, who swore that
he found in his great-coat pocket an address from the society of United Irish-
men to the Executive Directory of France, inviting its co-operation against
the British government in Ireland. The great-coat, said to contain this im-
portant treasonable document, was found hanging in the open passage of the
inn, at Margate, at which O'Coigley, O'Connor, Binns, and another were
residing. It was found that the great-coat belonged to O'Coigley ; but
it was strongly doubted, before and after his execution, whether it was
probable that such a paper would have been left in such a situation. A
Mr. Fenwick, after his death, published a long and able pamphlet, in
which he contended that the evidence was incomplete, improbable, and
unsatisfactory; and it was otherwise contended, that no such address
was either moved in the society, or in any way necessary or useful to be pre-
After the verdict had been pronounced, the sympathy which was excited
among the numerous political friends of Mr. O'Connor led them, under an
apprehension that he might be detained, to endeavour to facilitate his depar-
ture. A rush of these persons, therefore, took place towards the bail dock,
and a scuffle ensued between the police officers, who had a warrant to retail!
O'Conu.^r and these parties. It was alleged, that the earl of Thanet, Den-
nis O'Bryen, T. Thompson, and T. G. Brown, esqrs. and Mr. Fergusson, the
barrister, were conspicuous in this affray, and in consequence they were pro-
secuted for a riot in the court, to facilitate the escape of Mr. O'Connor; and
Mr.Fergusson and lord Thanet being found guilty, his lordship was sentenced
to be imprisoned in the Tower for one year, to pay a fine of £1000, and give
security for his good behaviour for seven years in £20,000 ; and IMr. Fergus-
son was sentenced to the same term of imprisonment in the King's Bench
to pay a fine of £100, and to give security for seven years for £1000.
MISS ANN BROADRIC,
FOR THE MURDER OF MR. ERRINGTON, 1795.
Miss Ann Broadric, was a young lady of considerable abilities, a fine
figure, and much admired for her accomplishments and personal attractions.
Three or four years after Mr. E.'s divorce from his former wife for her adul-
tery, he addressed Miss Broadric, and lived with her nearly three years, with
every appearance of comfort. Mr. E. however, saw another beautiful object,
possessed of a large fortune, to whom he transferred his affections, and after
a little time, gave herhishand. On his luarriage he settled what he deemed
a suitable provision on Miss Broadric; stated to her explicitly the variation
of his sentiments, and added that he could never see her more.
After the first agonies of her grief. Miss Broadric sent the following re-
monstrance. The desired interview was refused ; but she still persised by
letters, to move him to grant her this last request ; but finding him inexorable,
she wrote to him, "That if nothing could induce him to do her this act of
common justice, he must prepare himself for the fatal alternative, as she was
determined that he should not long survive his injidelity /"
'' September 11, 1794.
Dear E. — That you have betrayed and abandoned the most tender and
affectionate heart that ever warmed a human bosom, cannot be denied by any
FOR MURDER. 213
person who is in the least acquainted with me. Wretched and miserable as
I have been since you left me, there is still a method remaining that would
suspend, for a time, the melancholy suffering and distress which I labour
under at this moment; and still, inhuman as thou art, I am half persuaded,
when I tell you the power is in your hands, that you will not withhold it from
me. What I allude to is, the permission of seeing you once more, and per-
haps for the last time. If you consider that the request comes from a woman
you once flattered into a belief of her being the sole possessor of j^our love,
you may not, perhaps, think it unreasonable. Recollect, however, E., ere
you send a refusal, that the roaring of the tempest, and the lightnings from
Heaven are not more terrible than the rage and vengeance of a disappointed
woman. Hitherto you can only answer for the weakness and frailty of my
nature. There is a further knowledge of my disposition you must have if
you do not grant me the favour demanded. I wish it to come voluntarily from
yourself, or else I will force it from you. Believe me in that case I would
seek you in the farthest corner of the globe, rush into your presence, and
with the same rapture that nerved the arm of Charlotte Cordet, when she
assassinated the monster Maratt, would 1 put an end to the existence of a
man, who is the author of all the agonies and care that at present oppress the
heart of " Ann Broadric."
After a lapse of a month, receiving no answer whatever, she dressed her-
self elegantly, early on the Friday morning, ]May 15th, went to the Three
Nuns inn, in Whitechapel, and took a place in the Southend coach, which
passed very near Mr. E.'s house at Grays. She got out at the avenue gate,
and in her way was recognised by Mr. E., who told his wife, that that tor-
menting woman, Broadric, was coming; but that he should soon get rid of
her, if she, Mrs., E. would retire a few minutes. Mrs. E. however, did not
consent to this, but prevailed upon her husband to go up-stairs into the draw-
ing-room, and leave the interview to her management. Miss B. being shown
into the house, asked for Mr. E. ; but was told by Mrs. E. that he was not
at home. " I am not to be so satisfied, madam," replied Miss B. " I know
the ways of this house unfortunately too well, and therefore, with your leave,
I'll search for him !" On this, she rushed into the drawing-room, and find-
ing him there, she drew a pistol, with a new bagged flint, from her pocket,
and presenting it at his left side, directed to his heart, exclaimed, " I am
come, Errington, to perform my dreadful promise !" and instantly pulled the
trigger. Surprised at his not falling, she said, "Good God! I fear I have
not despatched you! but come deliver me into the hands of justice !"
Mrs. E. burst into the room, and seeing her husband bleeding, fainted
away. Mr. E. now remonstrated with her, and asked her if he had ever de-
served this at her hands, after the care he had taken to settle her so comfort-
ably in the world ] She gave no other answer than a melancholy shake of
the head.
Mr. Miller, a neighbouring surgeon, being called in, found that the ball
had penetrated at the lowest rib, cut three ribs asunder, and then passed round
the back, and lodged under the shoulder bone, from whence every effort was
made to extract it, but in vain,
Mr. Button, a magistrate, came, who took the examination of Mr. E. after
his wound was dressed. He asked Miss Broadric what could induce her to
commit such an act of extreme violence? Her answer was, that she was de-
termined that neither Mr. E. nor herself should long outlive her lost peace
of mind.
Mr. E. entreated of the magistrate not to detain her in custody, but to let
her depart, as he was sure he should do well ; but this request Miss B. re-
fused to accept, or the magistrate to grant. Her commitment being made
out, she was conveyed that evening to Chelmsford jail, where she remained
composed till she heard of Mr. E .'s death, when she burst into a flood of tears,
214 ANN BROADRIC,
and lamented bitterly that she had been oblio^ed to be the cause of his death.
The coroner's inquest sat on the body on Tuesday, the 19th of May, and
brought in their verdict, JVilful murder by the hund.'i of Ann Broadric,
On Friday, July 17th, Ann Broadric was conveyed to the shire-hall ; she
was conducted into the bail dock in the criminal court, attended by three
ladies and her apothecary. She was dressed in mourning, without powder ;
and after the first perturbations were over, occasioned by the concourse of
surrounding spectators, she sat down on a chair prepared for her, and was
tolerably composed, except at intervals, when she evinced violent agitation.
When the indictment was reading, she paid marked attention to it; and on
the words, "that on the right breast of the said G. Errington, she did wil-
fully and feloniously inflict one mortal wound," &c. she exclaimed, " Oh,
my great God !" and burst into a torrent of tears.
The prosecution for the crown was opened by Mr. Garrow, who demon-
strated the painful execution of his office by the humane and affecting exor-
dium with which he addressed the jury preparatory to the statement of the
evidence he was instructed to adduce.
George Bailey, sworn. — Said he was servant to the deceased Mr. Erring-
ton ; saw Miss Broadric come into the kitchen on the 13th of May last; did
not know her; she asked whether Mr. E. was at home? he answered, yes;
and desired the gardener to show the lady into the parlour, while he put on
his shoes, and went up to inform his master, then in the drawing-room; that
he saw Mrs. E. and the lady meet at the parlour door [here Aliss Broadric
shook her head and groaned deeply]. He perceived that the ladies were
strangers to each other. Miss B. asked Mrs. E. if Mr. E. was to be spoken
with ? She answered, " Yes, ma'am ; pray walk up-stairs." His mistress
went up first ; he returned to the kitchen ; and in the space of a minute he
heard the report of a pistol, tlie shrieks of his mistress, and also his master
cry out and groan ! He ran up-stairs, and passing some workmen, desired
them to go up with him, as something dreadful had happened. On entering the
drawing-room, he beheld his master all over blood, and leaning, with his
left hand on his right breast, who exclaimed, " Oh, God! 1 am shot! I am
murdered !" Mrs. E. instantly ordered him to take that woman into custody,
for she had murdered her husband. On this Miss B. threw a pistol out of
her left hand on the carpet, and laughing, cried out, " Here, take me, hang
me, and do what you will with me ; 1 don't care now !" He told the work-
men to take care of the prisoner till he came back : he then ran to the stable,
took a horse, and rode for Mr. Childers, the surgeon, about a mile off;
desired him to mount the horse, and make haste to his master, who was shot;
he followed soon after with two constables, when he found the doctor and
Mrs. E. with his master. Miss B. he saw afterwards in the parlour below;
that on seeing her right hand in her pocket, he told the constable he thought
she had another pistol in her pocket; that the constable went behind her,
and took hold of both her arms, when she said, " What are you going to
do V He replied, " Not to hurt you in the least, ma'am, but it is our duty
to put these handcuffs upon you :" which they did. She rejoined, " Let me
put my hand in my pocket first 1" The constable answered, " No !" She
said, " I want to give you something." — " Some other time," replied the
other. The witness then asked her whether she had not another pistol.
She answered, "I have !" and iu a lower tone of voice, said to him, "This
I intended for myself!" He then sent for a woman servant, and desired her
to search her ; which she did, and immediately drew another pistol from her
pocket.
John Eves lived at the Bull Inn, Whitechapel. Miss B. came to him
about the 11th of May, and gave him a letter to carry to Mr. E. which he
delivered to him on the 13th, at Gray's, who asked him whether it did not come
from Miss B. 1 He replied, it did. INIr. E. then bade him take it back, as he
WILLIAM CORDER. 215
should see her at the fair ; he took the letter to her again unopened the next
day. This letter was as follows : —
" Dear Sir, — As 1 intend going to Southend on Wednesday, I wish to speak
a few words to you on money affairs,, as I have received no answer to the
letter from Mr. — (Mr. E.'s solicitor). I fear you are deceived in the person
you intrust. I wish you would meet me at the Dog and Partridge, at Stifford,
as I have not had the money you promised me I should receive."
Here the evidence for the crown was closed, and several persons were
called in, who proved the prisoner's insanity.
The lord chief-baron, before he summed up the evidence, called the attention
of the jury to the particular plea of insanity, on which the defence of the prisoner
had been rested, as no denial had been set up against the perpetration of the
deed,of which, indeed, there had been given the fullest and clearest evidence.
The law certainly required that the will should accompany the act, to con-
stitute a felonious murder. The defence in the present case was, that the
prisoner was incapable of lending her will to the perpetration of the crime
with which she stood charged. On the whole, if the jury thought the latent
seeds of derangement, after a convulsive struggle of six months, had been
called forth on this horrible occasion, so as to overwhelm the senses of
the unhappy prisoner, they were bound in conscience to acquit her. If, on
the other hand, they believed that it was the preparatory pangs of a mind
intent on gratifying its revenge by the death of its object, they must find her
guilty ; but they scarcely need be told, that, should a doubt remain on their
minds, common charity required that the balance should turn in the prisoner's
favour.
The jury consulted about two minutes, and then gave their verdict — Not
Guilty.
The judge? directed that Miss B. should be examined before two magis-
trates, that she might be safely removed, under their order, to the place of
her settlement, with a particular recommendation annexed thereto, that she
might be treated with all possible care.
WILLIAM CORDER,
FOR THE MURDER OF MARIA MARTEN.
The indictment charged William Corder with having, on the 18th of May,
1827, murdered Maria Marten, by feloniously and wilfully shooting her with
a pistol through the body, and likewise stabbing her with a dagger. The
indictment consisted of ten counts.
The first witness called was Ann Marten, the wife of Thomas Marten, who
deposed, that she lived at Polstead, and her husband's daughter was Maria
Marten. The prisoner was acquainted with Maria intimately. Maria became
pregnant in the course of that intercourse ; and, about seven weeks before
May, 1827, she returned to her father's house accompanied by an infant child,
who died about a fortnight afterwards. Corder still continued to come to the
house, and admitted he was the father of this infant. He used to converse
often with Maria; and, when the child was buried, he said he had carried it
to Sudbury for that purpose. She remembered his more than once talking
about a £5 note, and Maria used to say, he had taken away her bread and
her child's. Maria had had a child previously, which was kept by the wit-
216 WILLIAM CORDER,
ness. Corder told Maria, that the parish officers were going- to take her up
for having bastard children. On the Sunday, before Friday the 18th of May,
he came to the cottage, where he stopped half an hour or three quarters, and
then went out with Maria ; both saying, they were going to Ipswich early on
the Monday morning, after sleeping at his mother's house. She returned
between three and four o'clock in the morning, and Corder came again on
that day, and said they should go to Ipswich on the Wednesday night. They
did not, however, go at that time, in consequence of Stoke fair, but fixed
Thursday night for the journey, when again there was a disappointment, as
he said his brother James was hourly expected to die. On the Friday (the
day laid in the indictment), about eleven or twelve o'clock, Corder came, and
went up-stairs to witness and Maria, To the latter he said, " I am come,
Maria — make haste — I am going." She replied, " How can I go at this
time of the day, without anybody seeing me ■?" He said, " Never mind,
we have been disappointed a good many times, and we will be disappointed
no more." After they had this conversation, she asked him, " How am I to
go?" He replied, " You can go to the Red Barn, and wait till I go to you
there in the course of the evening." Maria said, " How am I to order my
things ]" He replied he would take the things, carry them up to the barn,
and come back to walk with her; adding, that none of his workmen were in
the fields, or at the barn, and he was sure the course was quite clear. Ma-
ria's things, consisting of a reticule, wicker basket, a velvet one, two pair
of black silk stockings, a silk gown of the same colour, a cambric skirt, and
other articles of dress, were put into a brown holland bag, which Corder
carried away in his hand. She (Maria) then dressed herself in a brown coat,
striped waistcoat, and blue trowsers, wearing underneath her under female
petticoat, white stays, green and red handkerchief, a silk one, and an Irish
linen chemise, which the deceased had herself made. Witness had laced
on the stays for Maria on that morning, and knew the marks upon them
(which she described), as well as those on the shoes which she wore. He
assigned as the reason for going on that day to Ipswich, that John Balam,
the constable, came to him on that morning to the stable, saying he had got
a letter from Mr. Whitmore of London, which enclosed a warrant to take
Maria, and prosecute her for her bastard children. Witness said " Oh, Wil-
liam, if you had but married Maria before this child was born, as I wished,
all this would have been settled !" — " Well," said he, " I am going to Ips-
wich to marry her to-morrow morning." Witness said, " William, what
will you do, if that can't be done 1" He replied, " Don't make yourself un-
easy ; she shall be my lawful wife before I return, or I will get her a place
till she can." Maria then went away about half-past twelve o'clock, Corder
first desiring witness to look out to the garden, lest somebody should see
them going off. They departed by different doors, Maria in man's dress, and
with a hat of the prisoner's. She wore a large comb in her hair, and a
smaller one, having also ear-rings. They proceeded together in the direction
of the Red Barn, and she saw neither of them again on that day, nor indeed
ever saw Maria since. William Corder, when he went away with her, car-
ried a gun in his hand, which he said was charged. Maria had besides a
green cotton umbrella, with a bone crook handle, and a button. On the fol-
lowing Sunday morning at nine o'clock, witness next spoke to the prisoner
at her own house. She said "William, what have you done with Maria?"
He answered, " I have left her at Ipswich, where I have gotten her a comfort-
able place, to go down with Miss Roland to the waterside." On asking him
how she was to do for clothes, he said Miss Roland had plenty for her, and
would not let him provide any for Maria. He also said, he had gotten a
license, but it must be sent to London to be signed, and he could not be mar-
ried under a month or six weeks. He further mentioned that he had changed
a check for £20, and given her the money. On asking him where she dress-
ed, he said she had put her things on in the barn, and that he afterwards put^
FOR MURDER. 217
the male attire into the seat of the coach in which they travelled. Witness
had a son named George, and she told Corder, that George had mentioned
that he (prisoner) had not left the barn so soon as he promised. This he
denied, saying he had left it within three-quarters of an hour after he parted
from the house. "No," said witness, "you did not, for George saw you
later going down the adjoining field with a pick-axe." — " No, no," replied
he, "that was not me, but Tom Acres, who had been planting trees on the
hill." She was in the habit of seeing Corder repeatedly up to the month of
September, — sometimes two or three times in the day, and he invariably said
Maria was well, and living comfortably at Yarmouth with Miss Roland. He
used to leave Polstead some times for a day or two, when he was in the
habit of saying he had been with Maria, who continued very well, and that,
at Michaelmas, he meant to take her home to his mother's farm. No letter
had ever come from Maria, and when she often spoke to Corder about her not
writing, he replied, she could not, because she had got a bad hand. When
he left Polstead, he came to take leave, saying he was going to the water-
side for his health, and would call at Yarmouth to take Maria with him, and
be married immediately. She never saw him after, till his arrest, nor had
she seen the dead body ; but all the articles of dress were shown to her
(which the witness subsequently identified as being those worn by the de-
ceased on the day she had last seen her). Maria had always a cough ; had
a wen on her neck, and had lost a tooth from the upper as well as from the
lower jaw. Witness attended Corder's brother's funeral soon after the 18th
of May, where she saw the prisoner with Maria's umbrella. After the fune-
ral, she talked to him about the um.brella, which he said was not hers,
though it was like it, but Deborah Franks's, and he was going to send it
back to her at Ipswich, where she had come over with Miss Roland. He
had shown the witness a gold ring, which was, he said, to be for Maria's
wedding, and also a brace of pistols which he once brought to the house.
Cross-examined by M)\ Broderich. — Witness was the mother of three chil-
dren. Maria was her step-daughter, and had an own brother and sister,
She was anxious for Maria's marriage to Corder, although Maria said nothino-
about it. She was gone two months at her last lying-in, and then returned
in Corder's gig with the prisoner. The infant died in her arms, and Corder
and Maria took it away to be buried : where she did not know, but was told
at Sudbury. Maria used to dress a little fine, and her sister, as well as wit-
ness and her father, often quarrelled with her about it, which made her mostly
very dull. There was no secret about their going to the barn. Corder used
openly to snap the pistol close to the fire. She saw him bring ham for Maria.
He used to give her money as the weekly allowance for the child ; and Maria
had a quarterly stipend of s65 from Mr. Matthews, by whom she had a child,
and another by a third party. She had never heard from anybody but wit-
ness, that Maria M'as exposed to danger by the constables, for having had
these children ; and this fear kept her within doors. When she went away
on the 18th, she was crying, and low-spirited. Corder often came to the
house with a gun. She had been examined before the coroner. Prisoner
called repeatedly to see Maria, and said, that as long as he had a shiilino-,
she should have it. They seemed always to be very fond of each other.
She repeated her account of the manner in which Corder and Maria left the
house together for the last time, as it has been already given in her exami-
nation in chief.
[During the examination of this witness, the prisoner put on his specta-
cles, took out a red morocco pocket-book, in which he commenced writing,
and looked steadfastly at her. She appeared a decent-dressed country wo-
man ; but never returned the prisoner's glance, or took her eyes from the
counsel who examined her. About two o'clock he ate and drank with much
seeming appetite.]
^Thomas Marten, the father of the deceased, corroborated the evidence of
T 28
%
218 WILLIAM CORDER,
the preceding witness, and stated, that he had received two letters, which
he gave to a orentleman who had examined him, and he had since searched
the Red Barn at Polstead, on the I9th of last April. On lifting np the straw
from the barn floor, he saw some great stones lying in the middle of the bay,
and an appearance of the earth having been disturbed. On that spot, he
poked down the handle of a rake, and turned something up which was black.
On getting further assistance, they discovered, a little under the ground, a
small round sharp iron, about a foot long, like a hay-spike, and then they
came to the body, and near the head found the handkerchief tied round her
neck apparently very tight. The body was lying down, though not stretched
out. The legs were drawn np, and the head bent down into the earth. He
quitted the barn for half an hour, and returned with another person to make
a further examination. They let the body alone, until the coroner and the
surgeon came, when they cleared the earth entirely from the body, and raised
it up from the floor. On examining it in the light, the mouth looked like
Maria's, who had a wen on her neck, and had been ailing for a 3'ear or two
with a cough. Underneath the body was found a shawl : there were also
ear-rings, parts of a stays, of a chemise, and two combs in the hair.
Ann Marten, sister of the deceased, deposed, that she was at home on the
ISth of May, when Maria went away with William Corder, and described
what then occurred, in nearly the same words as her mother, particularizing
each article of her dress. Witness had seen the dead body, when the coro-
ner and jury were present, and was positive it was her sister Maria's. She
knew it by the things which were on it, also by her teeth, her mouth, and her
features generally. The witness particularly identified the clothes as belong-
ing to her deceased sister, as well as the ear-rings, the combs, &c.
Cross-examined. — Her sister left home on the 18th of ^lay, in very low
spirits ; but she never heard her say, she was anxious to be married to Wil-
liam Corder. Witness and IMaria sometimes quarrelled, and there used to
be words between her and her step-mother.
George ^Marten (brother of the preceding witness), a boy about eleven or
twelve years of age, deposed, that he saw his sister on the day she last left the
house with Corder, who carried a gun in his hand, which he said was loaded,
and therefore cautioned witness not to meddle with it. He saw Corder on
the same day, between three and four o'clock, come from the barn alone with
a pick-axe, and proceed hotnewards through the fields.
Phoebe Stow lived at Polstead, about thirty rods from the Red Barn. She
remembered Corder calling about one o'clock one day in May last year, when
he said, " Mrs. Stow, has not your husband got an old spade to lend me?"
She lent him one, and he only said a few" words, saying he was in such a
hurry, he could not then stop and talk to her. The spade was afterwards
returned; but she could not say by whom. On a subsequent occasion, Cor-
der again called, when she asked him where was Maria Marten's child. He
said it was dead and buried. He also said she would have no more children.
Witness said, why not; she is a young woman yeXl He replied, "Never
mind, Maria Marten will never have more children." — " What do you go
by ]" added witness. " Oh," said he, " she has had several, but I'll be
d — d, if she shall have any more." Witness continued, " If you are mar-
ried, why don't you live with her]" — " Oh, no," was his reply, "for I can
go to her any day in the year, just when I like." — " Perhaps you are rather
jealous," said I, "and when you are not with her, you think somebody else
is." — "Oh, no," said he; "when I am not with her, I am sure nobody
else is."
William Pyrke deposed, that he drove the prisoner on the Sth of Septem-
ber to Colchester, and talked with him about the business of the farm. Maria
Marten's name was mentioned ; and he said he had not seen her since May,
but spoke very highly of her.
FOR MURDER. 219
The two following letters, after being identified by Marten as being in
Corder's handwriting, and as those which he received, were then read.
" London, Bull Inn, Leadenhall-street, Thursday, October 18.
" Thomas Marten, — I am just arrived at London upon business respecting
our family affairs, and am writing to you before I take the least refreshment,
because 1 shall be in time for this night's post, as my stay in town will be
very short ; anxious to return again to her who is now my wife, and with
whom I shall be one of the happiest of men. I should have had her with
me, but it was her wish to stay at our lodgings at Newport, in the Isle of
Wight, which she described to you in her letter ; and we feel astonished that
you have not yet answered it, thinking illness must have been the cause. In
that she gave you a full description of our marriage, and that Mr. Roland
was Daddy, and Miss, bride's-maid. Likewise told you they came with us
as far as London, where we continued together very comfortable for three
days, when we parted with the greatest regret. Maria and myself went on
to the Isle of Wight, and they both returned home. I told Maria I should
write to you directly I reached London, who is very anxious to hear from
you, fearing some strange reason is the cause of your not writing. She re-
quested that you would enclose Mr. Peter's letters in one of your own, should
he write to you, that we may know better how to act. She is now mine,
and I should wish to study her comfort as well as my own. Let us know all
respecting Mr. Peter, and if you can possibly write by return of post, and
direct for W. ]\I. C. at the above inn. Maria wished me to give to Nancy
a kiss for her little boy, hoping every possible care is taken of him ; and tell
your wife to let Nancy have any of Maria's clothes she thinks proper, for
she says she have got so many, they will only spoil, and make use of any
she like herself. In her letter, she said a great deal respecting little Henry,
who she feel anxious to hear about, and will take him to herself as soon as
we can get a farm whereby we can gain a livelihood, which I shall do the
first I can meet with worth notice ; for living without some business is very
expensive. Still provisions are very reasonable on the Isle of Wight ; I
think, cheaper than any part of England. Thank God I we are both well,
hoping this will find all you the same. We have both been a great deal on
the water, and have had some good sea-sicknesses, which I consider have
been very useful to us both. My cough I have lost entirely, which is a great
consolation. In real truth, I feel better than I ever did before in my life, only
in this short time. Maria told you in her letter, how ill I was for two days
at Portsmouth, which is seven miles over the water to the Isle of Wight,
making altogether one hundred and thirty-nine miles from Polstead. I would
say more, but time will not permit. Therefore, Maria unites with me for
your welfare ; and may every blessing attend you. Mind you direct for W'.
M. C. at the Bull Inn, Leadenhall-street, London. W^rite to-morrow, if you
can ; if not, write soon enough for Saturday's ])ost, that I may get it on Sun-
day morning, when I shall return to Maria directly I receive it. Enclose
Mr. Peter's letters, and let us know whether he has acknowledged little
Henry. You must try and read my scribble, but I fear you will never make
it out.
" I remain your well-wisher, W. C."
" I think you had better burn all letters, after taking all directions, that
nobody may form the least idea of our residence. Adieu.
••• For Thomas Marten, Polstead, near Stoke by Nayland, Suffolk, -
"With speed."
" London, Monday 23d, 1827.
" Thomas Marten, — I received your letter this morning, which reached
London yesterday, but letters are not delivered out here on a Sunday ; that 1
discovered on making inquiry yesterday. However, I could not get through
220 WILLIAM CORDER,
my business before this afternoon, and I am going to Portsmouth by this
night's coach. I have this day been to the General Post-office, making in-
quiry about the letter Maria wrote you on the 30th of September, which you
say never came to your hands. The clerk of the office traced the books back
to the day it was wrote, and he said, a letter directed as I told him to you,
never came through their office, which I think is very strange. However,
I am determined to find out how it was lost, if ]iossible ; but I must think
coming over the water to Portsmouth, which I will inquire about to-morrow,
when 1 hope to find out the mystery. It is, I think, very odd, that letters
should be lost in this strange way. Was it not for the discovery of our resi-
dence, I would certainly indict the post-office, but I cannot do that without
making our appearance at a court-martial, which would be very unpleasant
to us both. You wish for us to come to Polstead, which we should be very
happy to do, but you are not aware of the danger. You may depend, if ever
we fall into Mr. P 's hands, the consequence would prove fatal; there-
fore, should he write to you, or should he come to Polstead, you must tell
him you have not the least knowledge of us, but you think we are gone into
some foreign part. I think, if you don't hear from him before long, you had
better write and tell him you cannot support the child without some assist-
ance, for we are gone you know not where. If you tell him you hear from
us, he will force you to say where we was ; therefore, I think it will be best
not to acknowledge any thing at all. I enclose £l, and you shall hear from
us again in a short time. This will not reach you before Wednesday morn-
ing, as I am too late for this night's post. You said your wife did not like
to take any of Maria's clothes; she said in her last letter, that her old clothes
was at their service — I mean your wite and Nancy ; but she shall write again
as soon as possible. I must now bid you adieu. The coach will start in
about ten minutes. I have been so much employed all this day, that I could
not write before. Believe me to be your well-wisher for your future welfare.
" W. M. C.
" For Thomas 3Iarten, Polstead, near Colchester. (Post paid.)"
Peter Matthews, Esq. — ^I generally reside in London. I had known Maria
for some length of time before last year; and I had last seen her, I believe,
on the 31st of August, 1826. In July last year, I was at Polstead, where I
saw C order, and had a conversation with him respecting a £b Bank of Eng-
land note, which I had lost. He said he knew nothing of it. I received
this letter from the prisoner :
" Sunday afternoon, August 26th, 1827.
" Sir, — In reply to your generous letter which reached me yesterday, I beg
to inform you, that I was indeed innocent of Maria Marten's residence at the
time you requested me to forward the letter I took from Bramford, and will
candidly confess, that Maria has been with a distant female relation of mine,
since the month of May. About five weeks ago they both went into Norfolk
to visit some of my friends. On Friday week, I received a letter from my
kindred, who informed that Maria was somewhat indisposed, and that they
were then in a village called Herlingby, near Yarmouth. I received an an-
swer by the next post, and enclosed your letter for Maria, which I found
reached her perfectly safe, as I took the Yarmouth coach last Wednesday
from Ipswich Lamb-fair, and went to Herlingby, when I was sorry to hear
that Maria's indisposition was occasioned by a sore gathering on the back
of her hand, which caused her great pain, and which prevented her from
writing to you, as her fingers are at present immovable. Knowing you
would be anxious to hear from her, I particularly wished her to write the
first moment she found herself able, which she promised very faithfully to
do. I gave her a particular account of our dialogue at Polstead-hall, not for-
getting the remarkable kindness I experienced from you, which I shall ever
most gratefully acknowledge ; and likewise return you my most grateful
FOR MURDER. 221
thanks for your kindness in respect to your enterprise on my account, when
in London.
" I remain, sir, your most obedient, and very humble servant,
"W. CORDER.
" P. S. — I have already enclosed your letter for Maria, in one of my own,
which I shall post with this immediately, and beg permission to add, that 1
am fully determined to make Maria my bride, directly I can settle our family
affairs, which will be in about a month or six weeks time. Till that time,
Maria wish to continue with my kindred. In concluding-, if I can at any
time render you any service whatsoever, I shall be most happy to oblige, as
I am truly sensible of your generosity.
" For Peter Matthews, Binfield, near TVorkingham, Berkshire.''''
Mr. Matthew''s examination continued. — I left Polstead on the 9th of August
last ; Corder on that morning told me he did not know exactly where Maria
Marten was ; but he believed she was in the neighbourhood of Yarmouth.
On the 19th of November following, I met him accidentally near Somerset-
house. I asked, if he had forwarded a letter of mine written to Maria Mar-
ten, and forwarded to him in one on the 2d of September, He said he had.
I told him I was surprised at not receiving any letter or any answer at all
from the young woman. I asked him where she then was ] He said he
had left her in the Isle of Wight. I told him, that her father had written to
me once or twice respecting her, and that he was uneasy, not knowing where
she was. I inquired of him if he was married to her ! He said, " No ;"
he had not yet settled his family affairs.
James Lea. — I am a police-officer of Lambeth-street. On the 22d of last
April, I went to Grove-house, Ealing, at about ten o'clock in the morning.
As I entered, Corder came into the hall out of the parlour. I told him I had
a little business with him. The prisoner said, walk into the drawing-room,
and we went in. I then told him, I was an officer from London, and was
come to apprehend him on a very serious charge, and he must consider him-
self my prisoner. He replied, "Very well." I told him, the charge was
respecting a young woman of the name of Maria Marten, whom he had for-
merly kept company with. I said she had been missing for a length of time,
and strong suspicions were attached to him. I continued, " I believe you
know such a person ? It was a young woman you kept company with in
Suffolk." He said no; he did not know such a person. I asked him, "Did
you never know such a person ]" He said no ; I must have made a mistake ;
he was not the person I wanted. I said, " No, I have not made a mistake —
your name is Corder; and I am certain you are the person." 1 told him to
recollect himself; I had asked him twice if he knew such a person, and I
would ask him a third time. He still said no, he did not ; he never knew
such a person. I then proceeded to search his person, and took from his
pocket a bunch of keys. I took him to the Red Lion, at Brentford. On
our way thither, I said the body of the young woman had been found in his
Red Barn. He made no remark then. We proceeded some distance, and he
asked me, " When was the young woman found V I told him on Saturday
morning last. He made no further reply. I then left him at the Red Lion,
and returned to his house. When I entered, Mrs. Corder showed me up-
stairs into a dressing-room. I found in the house a pair of pistols, which he
admitted to be his, and likewise a sword.
Robert OJford. — I am a cutler, residing at Hadleigh, in this county. The
prisoner called at my house in the latter part of March, or beginning of April,
1827. He brought a small sword, and said, "Mr. Offord, I have brought a
small sword, which I wish to have ground as sharp as a carving-knife, for
the use of a carving-knife." He wished to have it done, and he would call
for it that night. The witness identified the sword produced by Lea, as the
one he had sharpened for Corder.
T 2
^
it
222 WILLIAM CORDER,
John Balam. — I am the constable of Polstead. I never had told the pri-
soner that I had a warrant to apprehend Maria Marten, or that I had a letter
from Mr. Whitmore to apprehend her.
Thomas .icres. — I recollect Stoke fair, in 1827. I know the Red Barn at
Polstead, and the thistly lay there. I never went over that field with a pick-
axe on my shoulder.
John Laiuton. — I am a surgeon, and was present when the coroners jury
Vv-ent to view the body found in the Red Barn on the 20th of April. It had
not been disturbed, except that the earth had been removed from the top of it.
It lay in the hole in the barn in which it had been buried, in the right-hand
bay of the barn. It was, in parts, much decomposed. I should have said it
had been in the ground nine or ten months, or more. There were with it
stays, dannel petticoat, shift, a handkerchief round the neck, stockings and
garters, and high shoes, with portions of a leghorn bonnet, trimmed with
black. (Produced a silk handkerchief.) This was found underneath her
hips. (The rest of the articles he mentioned were produced and identified;
they were nearly indistinguishable as to material or form.) There was part
of the sleeve of a blue coat, and the body was in part of a sack. The right
hand was on the right breast. It was the body of a full-grown young wo-
man. There was an appearance of blood about the face, particularly on the
right side. I found the green striped handkerchief round her neck, tied in
the usual way, but drawn extremely tight, so as to form a complete groove
round the neck. It would have produced strangulation. There was in the
neck an appearance of a perpendicular stab, about an inch and a half in
length, and extending deep into the neck. There was the appearance of
injury having l)een done to the right eye, and the right side of the face. It
seemed as if something had passed in at the left cheek, removing the two
last grinders, and then out at the right orbit. A ball so passing would not
of itself cause death ; but the strangulation, and the stab in the neck, would
have been sufficient, with the ball, to produce death. There was an adhe-
sion of the lungs to the membrane which lines the ribs on the right side.
This would, in life, cause inflammation; and the person would have com-
plained of cough, with pain in the side. The ribs and the heart were brought
by Mr. Nairn, a surgeon, to my house. I then saw where something had
penetrated between the fifth and sixth ribs, and there was a stab in the heart
which corresponded with the opening in the ribs. I found a corresponding
opening in the shift. The sword, which has been produced, appears to fit
the wound through the ribs and the opening in the shift. I found one part
of the wound wide, and the other narrow, so as to correspond with the
sword.
The evidence of two other surgeons was to the same effect.
The mother and sister of the deceased identified the articles of dress found
on the body taken from the Red Barn as being Maria's.
The prisoner, being called on for his defence, advanced to the front of the
bar, took out some papers, and read with a very tremulous voice an address,
of which the material passages were the following :
" It has been well observed that truth is sometimes stranger than fiction.
Never was this assertion better exemplified than in this hapless instance. In
a kw short months I have been deprived of all my brothers, and my father
recently before that period. I have heard the evidence, and am free to say
that, unexplained, it may cause great suspicion ; but you w'ill allow me to
explain it. Proceeding, ray lord and gentlemen, to the real facts of this case,
I admit that there is evidence calculated to excite suspicion, but these facts
are capable of explanation; and, convinced as I am of my entire innocence,
I have to entreat you to listen to my true and simple detail of the real facts
of the death of this unfortunate woman. I was myself so stupefied and over-
whelmed with the strange and disastrous circumstance, and on that account
s
FOR MURDER. '" 223
so unhappily driven to the necessity of immediate decision, that I acted with
fear instead of judgment, and I did that which any innocent man might have
done under such unhappy circumstances. I concealed the appalling occur-
rence, and was, as is the misfortune of such errors, subsequently driven to
sustain the first falsehoods by others, and to persevere in a system of delu-
sion. At first I gave a false account of the death of the unfortunate Maria.
I am now resolved to disclose the truth, regardless of the consequences. To
conceal her pregnancy from my mother, 1 took lodgings at Sudbury: she
was delivered of a male child, which died in a fortnight in the arms of Mrs.
Marten, although the newspapers have so perverted that fact ; and it was
agreed between Mrs. Marten, Maria, and me, that the child should be buried
in the fields. There was a pair of small pistols in the bed-room ; Maria
knew they were there. I had-often showed them to her. Maria took them
away from me. I had some reason to suspect she had some correspondence
with a gentleman, by whom she had a child in London. Though her conduct
was not free from blemish, I at length yielded to her entreaties and agreed
to marry her ; and it was arranged we should go to Tpswich and procure a
license, and marry. Whether I said there was a warrant out against her, 1
know not. It has been proved that we had many words, and that she was
crying when she left the house. Gentlemen, this was the origin of the fatal
occurrence. I gently rebuked her; we reached the barn; while changing
her dress, she flew into a passion, upbraided me with not having so much
regard for her as the gentleman before alluded to. Feeling myself in this
manner so much insulted and irritated, when I was about to perform every
kindness and reparation, I said, 'Maria, if you go on in this way before mar-
riage, what have I to expect after] I shall therefore stop when I can ; I will
return straight home, and you can do what you like, and act just as you think
proper.' I said 1 would not marry her. In consequence of this, I retired
from her, when I immediately heard the report of a gun or pistol, and running
back I found the unhappy girl weltering on the ground. Recovering from my
stupor, I thought to have left the spot ; but I endeavoured to raise her from
the ground, but found her entirely lifeless. To my horror I discovered the
pistol was one of my own she had privately taken from my bed-room. There
she lay, killed by one of my own pistols, and I the only being by ! My fa-
culties were suspended. ' 1 knew not what to do. The instant the mischief
happened, I thought to have made it public; but this would have added to
the suspicion, and I then resolved to conceal her death. I then buried her in
the best way I could. I tried to conceal the fact as well as I could, giving
sometimes one reason for her absence, and sometimes another. It may be
said, why not prove this by witnesses ] Alas ! how can 1 1 How can I offer
any direct proof how she possessed herself of my pistols, for I found the
other in her reticule'? That she obtained them cannot be doubted. All I can
say as to the stabs is, that I never saw one ; and I believe the only reason for
the surgeons talking of them is, that a sword was found in my possession.
I can only account for them by supposing that the spade penetrated her body
when they searched for the body in the barn. This I know, that neither from
me, nor from herself, did she get any stab of this description. I always
treated her with kindness, and had intended to marry her. What motive,
then, can be suggested for my taking her life ? I could have easily gotten over
the promise of marriage. Is it possible I could have intended her destruc-
tion in this manner? We went, in the middle of the day, to a place sur-
rounded by cottages. Would this have been the case had I intended to have
murdered her ] Should I have myself furnished the strongest evidence that
has been additced against me 1 I might, were I a guilty man, have suppress-
ed the time and place of her death, but my plain and unconcealed actions, be-
cause they were guiltless, supplied both. Had I intended to perpetrate so
dreadful a crime, would I have kept about me some of the articles which
224 WILLIAM CORDER,
were known to be Maria's] Had I sought her life, could I have acted in
such a manner 1 Had I, I would have chosen another time and place. Look
at my conduct since. Did I run away 1 No ! I lived months and months
with my mother. I left Polstead in consequence of my family afflictions. I
went to the Isle of Wight. It is said, that the passport was obtained to
enable me to leave England at any time. No, it was to enable me to visit
some friends of my wife's in Paris. Should I have kept her property, had
I any thing to fear from their detection ] In December last, I advertised in
the Times newspaper the sale of my house, and gave my name and address
at full length. Did this look like concealment] You will consider any man
innocent till his guilt is fully proved."
He was heard with the utmost silence and attention by the court and the
jury, and he occasionally drew his eyes from the book and fixed them on the
jury-box, as if to ascertain the impression he had made. Towards the close
of his address his voice faltered, so as in particular passages to be nearly
inaudible. His address, which was delivered between eleven and twelve
o'clock, occupied the court about twenty-five minutes.
Some witnesses were called for the defence, who merely proved that the
prisoner treated the deceased with kindness ; that she was generally in very
bad spirits; and that he was a humane man.
The lord chief-baron summed up the evidence : at twenty-five minutes to
two the jury retired ; and at ten minutes past two, they came back into court,
and returned a verdict of guilty.
Corder was executed on the 11th of August. On the preceding evening,
he made the following confession :
" Bury Jail, August 10, 1828. — Condemned Cell, Sunday evening, half-past eleven.
" I acknowledge being guilty of the death of poor Maria IMarten, by shoot-
ing her with a pistol. The particulars are as follows : ^Yhen we left hei
father's house, we began quarrelling about the burial of the child, she appre-
hending that the place wherein it was deposited would be found out. The
quarrelcontinued for about three-quarters of an hour upon this and about
other subjects. A scufHe ensued, and, during the scuffle, and at the time 1
think that she had hold of me, I took the pistol from the side-pocket of my
velveteen jacket and fired. She fell, and died in an instant. I never saw-
even a struggle. I was overwhelmed with agitation and dismay — the body
fell near the front doors on the floor of the barn. A vast quantity of blood
issued from thfi wound, and ran on to the floor and through the crevices.
Having determined to bury the body in the barn (about two ho-urs after she
was dead), I went and borrowed the spade of Mrs. Stow; but, before I went
there, I dragged the body from the barn into the chaff-house, and locked up
the barn. I returned again to the barn and began to dig the hole ; but the
spade being a bad one, and the earth firm and hard, I was obliged to go home
for a pick-axe and a better spade, with which I dug the hole, and then buried
the body. I think I dragged the body by the handkerchief that was tied
round her neck — it was dark when I finished covering up the body. I went
the next day, and washed the blood from off the barn-floor. I declare to
Almighty God, I had no sharp instrument about me, and that no other wound
but the one made by the pistol was inflicted by me. 1 have been guilty of
great idleness, and at times led a dissolute life, but I hope, through the mercy
of God, to be forgiven \V. CURDER."
In the interval between the perpetration and the discovery of the murder,
Corder had advertised for a wife. A woman of respectability, who kept a
boarding-school near Ealing, answered the advertisement; and they were
married. He was living with his wite and in her house, at the time when
he was taken into custody.
WILLIAM CODLIN. 225
Execution of Carder the Murderer.
■ This morning, William Corder, who had been convicted of the murder of
Maria Marten, in circumstances of very peculiar atrocity, vi^as executed at
Bury. The girl had become the mother of an illegitimate child by him; he
had appointed her to meet him at a particular place, that they might be mar-
ried ; when they met he murdered her, and buried the body in a barn. He
remained unsuspected, and the fate of the young woman unknown, for nearly
a year, when the mother of the latter dreamed repeatedly that her daughter
lay buried in the barn in question ; and a search being made, the body was
found. No other cause was ever assigned for searching that particular spot,
which led to the discovery. Before his execution, he acknowledged the
murder.
WILLIAM CODLIN,
FOR SCUTTLING A SHIP, 1802.
CoDLiN was a native of Scarborough, and allowed to be an excellent sea-
man in the north coast trade. He was captain of the brig Adventure, nomi-
nally bound to Gibraltar and Leghorn ; and was indicted for feloniously boring
three holes in her bottom with a view to defraud the underwriters, on the 8th
of August, 1802, oft" Brighton. Codlin and Read were charged, as officers of
the ship, for committing the fact ; and Macfarlane and Easterby, as owners,
for procuring it to be committed.
The trial came on at the session-house, at the Old Bailey, Tuesday, Oct.
26th, 1802, before sir William Scott, lord Ellenborough, and baron Thompson.
It commenced at nine o'clock in the morning, and did not conclude till twelve
at night.
The first witness was T. Cooper, who said he was a seaman on board the
Adventure, originally before the mast ; was shipped in the river, the vessel
then lying below Limehouse. Codlin was captain, and Douglas mate ; the
rest of the crew consisted of two boys, making in all five. Storrow was com-
ing back and forward. There was a part of the cargo on board, and the vessel
sailed from Limehouse for Yarmoutli, where she took in twenty-two hogs-
heads of tobacco, some linen, and fifteen tons of ballast. From thence they
proceeded to Deal, having taken on board at Yarmouth an additional hand,
named Walsh, a bricklayer's labourer. At Deal, Douglas, the mate, com-
plained of the rheumatism, and left them. Storrow went away, and was suc-
ceeded by Read. They took in anotlier hand named Lacy.
The captain said, as witness was bringing him oft' shore, that witness should
take Douglas's birth ; but witness said he was not capable, not knowing navi-
gation. The captain said, as long as he pleased him, that was plenty ; they
did not sail from Deal as soon as they might. The captain said at one time,
he waited for letters ; and at another, he waited for a wind. At length, they
sailed, five or six days before the vessel went down. The captain gave strict
orders to keep the boat free ; witness put in four oars, cutting two of them to
the length ; formerly they threw lumber into the boat ; but the captain order-
ed that there should be none there, and that there should be plenty of tholes,
or pins, for the oars. The captain said they should not be in the ship forty-
eight hours longer : this was Friday. On Saturday, he said that night should
be the last ; it was impossible she could carry them through the Bay of
Biscay; he did not think her trust-worthy for his life, and why should wit-
ness for his ■? The captain then sent witness down to mix grog for himself
and Read, and some of the crew. Witness was afterwards walking the quar-
ter-deck ; the captain Avas at the helm, and called witness to relieve him.
29
226 WILLIAM CODLIN,
The captain went below ; he came up in a quarter of an hour, and said to the
witness, " Go down, and you will find an auger on the cabin-deck ; take up
the scuttle, and bore two or three holes in the run, as close down to the
bottom as possible." The witness went down, and found the auger ; it was a
new one bought by the captain at Deal, and put into the handle of another
auger ; he bored three holes, close down in the run, with two augers and a
spike gimblet, which he left in the holes. The witness came on deck, and
told the captain he had bored the holes. The captain asked if the water was
coming in ] Witness said, not much, for he had left the augers in the holes.
The captain said they might remain till daylight. On Sunday morning, the
cabin-boy was prevented I'rom coming down by the captain; before that, he
always came down, and got breakfast in the cabin.
At daybreak, witness pulled out the augers, and the water came in ; but
the captain did not think it came in, in sufficient quantity, and wished for the
mall to enlarge the holes. The witness said the crow-bar would do. The
captain ordered him to bring the crow-bar, and make the holes larger ; he did
so; the captain was present all the time, and assisted to knock down the
lockers, to make room. The crow-bar went through the bottom, and the wit-
ness believed, the augers did also. Mr. Read was in bed close by the holds :
the distance might be about four yards. Mr. Read turned himself round
several times while the witness was boring the holes ; he never spoke, nor
did the witness speak to him, but he turned in the bed several times ; the
auger did not make much noise. When the holes were bored, the witness
called Read, by the captain's order; he came on deck, but shortly after he
went down and went to bed again. The bed was on the larboard side of the
cabin. Read could not see the augers, but he might hear the water run, as
the cabin-boy heard it, and the witness heard it himself, a small hole being
left open to keep the pumps at work. Read went to bed again, but he was on
deck when the hole was beat with the crow-bar. Read was permitted to go
down, but the boys were not. When the hole was bent through, the colours
were hoisted ; the boat was already out, and all hands in it, except the cap-
tain and witness. Witness packed up his things ■\\hen he was told they could
not be forty-eight hours in the vessel, but he mentioned the matter to nobody.
He packed them in a bread-bag which he emptied on the deck. When the
holes were boring, the captain ordered the men aloft, to take in sail ; no one
could possibly see or hear him, except witness, the captain, and Read.
They left the vessel at eight o'clock. Several boats came off on the signal.
The people in them said, they (captain Codlin and his people) had met with a
sad misfortune; they answered, yes. The boat asked if they wanted any
assistance, and offered to tow them on shore. The captain said she was his
while she swam, and they had no business with her. The Swallow revenue
cutter then came up, and took the brig in tow, fastening a hawser to the mast :
the brig, which lay on her beam-ends before, immediately righted, and went
down. Witness has no doubt that she went down in consequence of the
boles. Read's trunk had come on board at Deal ; it was sent back the next
day ; witness helped it into the boat: it was full of line when it came, and
was not locked ; witness does not know what it contained when it went back.
Captain Codlin and the whole crew went to the Ship tavern at Brighton.
Read said to a lady who came to see him, that he had lost every thing be-
longing to him, and that he was ruined. Easterhy and Macfarlane came
to Brighton on Tuesday ; they came to the Ship tavern. Easterby asked
where the holes were, and of what size ; there were some carpenter's tools
on the floor, which had been brought from the vessel ; Easterhy asked if the
holes were of the same size of the handle of the chisel that was among the
tools; and being told they were, said, the witness should prepare the handle
to plug the holes, in case the ship should come on shore, as she was then
driving in. Macfarlane was in the room, but witness cannot say whether
he could hear, as he spoke in a low voice. Easterby said Codlin was a d — d
:^ / ' ' > ^i
FOR SCUTTLING A SHIP. ^7
fool, he had made a stupid job of it; he should have done the business on
the French coast, and then he might have made the shore of either country
in the boat, in such fine weather. Macfarlane discoursed with them, but wit-
ness did not hear what he said. Macfarlane and Easterby ordered the captain
and witness to go to London together, and to take private lodgings, in which
they should keep close, or they would be under sentence of death. Macfarlane
took seats in the coach for them, and paid their passage. Read wrote on a
piece of paper where witness was to go to in London, to Macfarlane's house.
Witness received 9s. wages, and ^Macfarlane gave him a guinea ; this was after
he had described the size of the hole ; he could not say whether the others were
paid their wages. Witness came up with one of the bags, the captain being
stopped by a gentleman (Mr. Douglas). The boy was put in his place at
five or six in the morning. Read went with witness to the coach offices,
Macfarlane came after, and Easterby came with the boy, who was apprentice
to Storrow. Onlj"^ one pump had been worked for a length of time in the ship,
the other was not in order ; there was a gear for the other, but the captain did
not want to find it. The captain sent the boy down for the great-coat ; the
boy, on his return, said the water was running; the captain said it was no
such thing, it was only the water in the run, and told the boy to go forward.
He ordered witness to go down and see, but jogged him as he passed, and
told him to say it was nothing. Witness, on coming up, said it was only the
water in the run. Witness staid in London two nights, and then went to his
mother, near Saxmundham, in Sutiblk ; having no money, and failing to get
a ship after several applications, he walked the whole way, which is eighty-
eight miles. When he arrived, his mother told him there had been people
after him about a ship ; and there had been hand-bills offering a reward. He
immediately sent for the constable of the place, Mr. Askettle, and surrendered
himself, to whom he told every thing, desiring him to take him to London.
John INIorris, George Kennedy, Lacy, and James Welsh, corroborated Coop-
er's testimony. Storrow proved the intent of the voyage, that it was to de-
fraud the underwriters. The insurances were also proved. Several witnesses
gave Read and Macfarlane a good character.
As it appeared that Read took no active part in the business, and one of
the witnesses having intimated that he was deaf, and the learned judge ob-
serving that it was possible he could not hear the conspirators talking, and
the boring of the ship, &c. he was acquitted, and the rest found Guilty ; but
two points of law having been elucidated by Mr. Erskine, in favour of East-
erby and Macfarlane, judgment was accordingly arrested, for the decision of
the twelve judges. The prisoner heard the verdict with much firmness ;
Read, with composure ; Easterby, apparently with indifference, lookingaround
him ; Macfarlane's features showed he was inwardly much affected, though
he bore himself with firmness.
Sir William Scott then pronounced sentence of death on Codlin, in an im-
pressive manner. Codlin then retired with a firm and undaunted deportment,
taking a respectful leave of the court as he went out.
On Friday preceding his execution, Mrs. Codlin left town for Windsor,
with a petition to the king, which, however, her husband had declared he did
not conceive would be of service ; yet, in spite of this declaration, he was
in the fullest expectation of a respite until near twelve o'clock at night, when
his hopes vanished. Previous to his execution, he freely communicated to
Mr. Dring all the circumstances of his crime. At Brighton, he said, between
five and six guineas were given him, and he was urged to go off, being as-
sured that if he was taken he would be hung. On Saturday morning, Novem-
ber 27, 1802, he was brought out of the jail of Newgate to proceed to undergo
his sentence at the docks at Wapping.
He was conducted from Newgate, by Ludgate-hill and St. Paul's, into
Cheapside. A number of peace officers on horseback were at the head of the
procession. Some officers belonging to the court of admiralty, with the city
•-'•
#
228 JOSEPH WALL, ESQ.
marshals, followed next. The sheriffs were in a coach, as was also the ordi-
nary of Newgate, the Rev. Dr. Ford. Codlin was in a cart, with a rope
fastened round his neck and shoulders. He sat between the executioner and
his assistant. As he passed down Cheapside, Cornhill, and Leadenhall-
street, and onward through Aldgate and Ratclifi'e highway, he continued to
read the accustomed prayers with great devotion, in which he was joined by
those who sat with him in the cart. As the procession drew near to the
scene of execution, the difficulties of the passage grew continually greater, so
that it was hardly possible for the peace officers to clear the way. At the
entrance towards the dock, it became necessary that the criminal should be
moved out of the cart, to walk to the scaffold, which was yet at some dis-
tance. After coming down, he stood as erect as the confinement of his arms
and shoulders would allow. His looks still wore an air of unchanged firm-
ness. He walked on with a steady step, and v/as even observed to choose the
least dirty paths. He ascended the ladder to the scaffold without betraying
any emotions of terror. His body, after hanging for the due length of time,
was cut down, and carried away in a boat by his friends.
JOSEPH WALL, ESQ.
FOR MURDER, 1802.
Joseph Wall was indicted for having, on the 10th of July, 1782, caused
certain persons, with a piece of rope, to beat, penetrate, and wound, one Ben-
jamin Armstrong, in several parts of his body, at Goree ; of which wounds
he languished, and languishing, did live until the 15th of that month, and
then died ; and that he, the said Joseph Wall, was present, aiding, abetting,
helping, assisting, comforting, and maintaining the said persons so to wound
the said Benjamin Armstrong, whereby he, the said Joseph Wall, the said
Benjamin Armstrong did kill and murder.
He was charged with two other indictments precisely of the same nature
as the former; the one charging him with the murder of Thomas Upton : the
other, of George Paterson ; to all of which governor Wall pleaded not guilty.
At the commencement of the trial, the prisoner said he was rather deaf, and
therefore requested that he might be allowed to come nearer. The lord chief
baron said to the prisoner, "That is perfectly impossible; there is a regular place
appointed by law for persons in your situation; we can make no distinctions
of the sort yo\i desire, that would be invidious ; but we will afford you all
possible assistance, by requesting the witnesses to speak loudly."
The attorney-general opened the case on the part of the prosecution.
The crime imputed to the prisoner at the bar is murder. He stands
charged, on the present indictment, with the murder of Benjamin Armstrong,
a sergeant in the garrison of Goree, when the prisoner was the commandant
and governor of that island, in the month of July, 1782. That murder is
charged to have been committed by the prisoner, in the punishment which he
ordered to be inflicted on that person ; and the circumstances which led to that
punishment, which was the cause of that man's death, will be for me to open
to you, and then it will be for you to decide.
Mr. Wall was governor and commandant of the garrison at Goree, which
you know is an island on the coast of Africa. He had at that time under
him an officer of the name of Lacey ; likewise, a lieutenant of the name of
Fall ; another of the name of Ford ; another of the name of Phipps ; and an-
other of the name of O'Shanly ; but no other military officer whose name is
necessary to be mentioned. The circumstances of this case arose in the year
1782 ; the exact time is the 10th of July in 1782, when the death was occa-
FOR MURDER. 229
I
sioned which is charged upon the prisoner as murder. The day following,
the prisoner left his station at Goree as governor, and came off for England.
He arrived here in August in that year. He was apprehended for this offence
in March, 1784, under a warrant issued by order of the privy council. You
will bear in mind, that most of those persons who were material witnesses to
prove his innocence, if innocent he be, were then living, and within the reach
of the process of the criminal justice of this country, and might have been
brought forward for the vindication of the prisoner's innocence. In July,
1782, this gentleman had this garrison under his command, with those
officers I have mentioned, and one hundred and forty or one hundred and
fifty men also under his command, as they had been, for some time prior to the
period at which he announced his intended departure, and which actually took
place on the llfh of July, 1782. Some time previous to this, the garrison
had been under short allowance of provisions, from necessity I will suppose,
or from some fair reason, although that is not stated to me ; but I will take it
to be so, since the contrary does not appear. The men were put under short
allowance, that is, to a restriction of food for the convenience of the garrison,
and for continuing it in safety until farther supplies should arrive. In such
cases, the men who are put upon short allowance are allowed a compensation
in point of pay to the amount of the stoppage of their provisions. The gen-
tleman now at the bar had announced his departure for the 1 1th of July ; there
was going away with him, for England, a person of the name of Bearing,
who was the paymaster of the garrison. In the hands of that person was,
of course, the power, either to allow the men the money, or in future what
was equivalent to money, some articles of barter, which would procure for
them what they wanted. When this paymaster was about to depart, these
men were anxious that this account might be settled, and, as the period of
departure drew nigh, several of them resorted to the house where the pay-
master lived, for the purpose of obtaining payment of what was due to them
on account of the short allowance to which they had been restricted ; and
here the case begins to unfold the disposition of the prisoner at the bar.
What reason he had for mixing himself in considerations of this short allow-
ance, and to interpose himself between those persons who call for an adjust-
ment of their claims, and the person whose regular business it was to settle
them, I am not apprized of, or, at least I will not take upon me to allege.
The men resorted to the house of this paymaster, for they were desirous of
obtaining what was due to them before the paymaster left the island, which
was to be the next day. They were aware that a vast ocean would separate
the paymaster and them in a short lime; and, considering the precariousness
of human life, they thought it possible they might not afterwards be in a
situation to urge tlieir claims with beneficial effect to themselves. On their
coming towards the paymaster's house for this purpose, in considerable
numbers, as you will have in evidence before you, and as they were passing
the door of the governor, which was in their way, he reprimanded them, in
anger, for resorting to the house of the paymaster ; and under terror of punish-
ment, ordered them to go away. The men retired dutifully under that admo-
nition. In about an hour and a half afterwards, several persons, whether
the same as the former I do not know, but several persons, among whom was
Armstrong, made a second application, or rather an intended ajiplication, to
the paymaster. These men were proceeding towards the house of the
paymaster. Armstrong appeared with these men. Governor Wall, the
prisoner now before you, came out to meet them again. I do not know
that he used the language of menace to them as before ; however, that will
come before you in the evidence of the orderly sergeant, who attended the
person of the governor, and who was of course obedient to his commands.
He will state to you, that Armstrong was so far from being undutiful in his
behaviour, that he took off his hat and paid all possible respect to the gover-
nor, and said they only came to make a representation to the paymaster,
U
230 JOSEPH WALL, ESQ.
r.nd respecfully retired ; and from that period, if there be any truth in the
evidence that 1 am to lay before you, until the hour in which the punishment
of Armstrong- was inflicted, which took place in tlie course of that day, and
which led to his death in a few days, every thing in the conduct of the
governor was furious and full of malice.
This application, which was intended to have been made to the paymaster,
was in the morning. There was an interval between that and the time of
inflicting the punishment which ended in the death about which you are now
to inquire, respecting which it will be incumbent on the prisoner to give you
an account why the garrison was not in tranquillity, or, if it was not, why an
investigation did not take place into the matter, lipon that there is an entire
silence. We hear nothing of the defendant until the evening, that is, until
about six o'clock, when the drum was beat what they call "a long roll," to
call the soldiers on the parade, which had the eflect of bringing them all, as
they were, some in their jackets, without any military preparation w'hatever,
or any regard to their appearance. At this time there appeared on the
parade, captain Lacy, lieutenant Fall, ensign Ford, and Mr. O'Shanly, four
officers ; and after some conversation had taken place between the officers,
there being on the parade a gun-carriage, and a person attending to perform
the offices of tying, flogging, &c., a circle being formed, within which the
officers were, Armstrong, all this time being among the men who had formed
the circle, was then called out and ordered to strip, w hich he did. He was
then tied to the gun-carriage ; black men, brought there for the purpose, not
the drummers, who in the ordinary course of things would have had to flog
this man, supposing him to have deserved flogging; but black inm were
ordered to inflict on Armstrong the punishment ordered. Each took his turn,
and gave this unhappy sufferer twenty-five lashes, until he had received the
number of eight hundred. Punishments of this sort, 1 understand, are
usually inflicted by drummers; but this was inflicted by black men, who did
not belong to the regiment, and the instrument with which the punishment
was inflicted was not a cat-o'-nine-tails, which is the usual instrument, but
piece of rope of a greater thickness, and which was much more severe than the
cat-o'-nine-tails. The rope will be exhibited to you in evidence, and there-
fore I need not say any thing to you of its fitness or unfitness for this pur-
pose. It will appear to you also, that while this punishment was inflicting,
the prisoner urged these black men to be severe, in a language, some of
which I shall not repeat, as it will be enough for you to hear it once from the
witnesses. I shall pass by the coarseness of it ; but he said, among other
things, " Cut him to the heart, and to the liver.'' Armstrong, the subject of
this punishment, applied to him for mercy ; but the observation of the defen-
dant, on that occasion, was, "That the sick season was coming on, which,
together with the punishment, would do for him." After receiving a great
number of lashes, that is, eight hundred, this poor creature was conducted to
the hospital. He was in a situation in which it was probable his death
might be the consequence, and, therefore, you will see the declaration he made,
which the law admits in evidence; because the declaration of a man, made
under an apprehended pending dissolution, is, by the law of this realm, consi-
sidered tantamount to an oath. You will hear that he declared he was punished
without any trial, and without ever being so much as asked, whether he had any
thing to say in his defence ; and this evidence, if made under the impression I
have stated, will undoubtedly be competent evidence to be laid before you.
After this punishment had been inflicted upon this poor man (for I will not
travel into the circumstances of the case of any other person whomsoever, but
confine myself to that for which the prisoner now stands before you), the
governor and the paymaster set off the next day for England, and they arrived
here in the month of August following. —
Here the attorney-general went over the circumstance of the prisoner
escaping from the hands of the king's messenger at an inn at Reading, iiv
FOR MURDER. 231
their way up from Bath, where he was apprehended by virtue of a warrant
from the secretary of state, in the year 1784 ; and of the proclamation which
was issued afterwards, describing- his person, stating that he had iled from
justice, and offering a reward of J-200 for apprehending him. He also
noticed the letters which he sent in the previous October to lord Pelham,
stating his readiness to take his trial.
Evan Levjis examined.
Upon seeing the men returning, I told the governor they were coming,
before they reached the house, on which the governor came to the outside of
the gate to meet them. When they came opposite the gate, he called out
to one of them (Benjamin Armstrong), viho was a sergeant ; the governor
asked him what he wanted, saying, "What do you want?" Armstrong
said to him, "Your excellency, we were going to the commissary, to ask him
to settle with us before he goes to England." Armstrong came up with his
hat in his hand, as usual, with submission, and said to him, " Your excel-
lency, we are going to the commissary." He was about four yards from the
governor, and I was near enough to hear what passed ; but I do not remem-
ber all that passed ; I cannot swear that I do ; but as far as I do recollect, I
have stated. The governor told them to go to the barracks, and threatened
them; then they went. The governor went to the men, and the men re-
mained where they were. Armstrong came to the governor after he called
him. I do not know what passed between the governor and the men, for the
men turned their backs and walked off and appeared to be frightened. I do
not recollect that there was any parley between them, but they appeared im-
mediately to go off. I did not hear any noise or disturbance among them ;
they did no harm that I could see. They were not in their uniform ; some
of them were in blue jackets, but others were in plain dresses. I did not
hear any thing pass, except between Armstrong and the governor. I did not
hear any disrespectful language used. I should suppose that the second
appearance of the men was between eleven and twelve, for it was before
dinner hour, which, with the governor, was, I believe, at two. As to the
men, they dined when they could. In the course of the afternoon, after the
governor's dinner, the officers went away earlier than usual ; the governor
went out, and I followed him. We conceived there was something due for
short allowance, for we had been on short allowance, at different times, for
some time ; but how m.uch I do not know.
On that day, two or three of the officers dined with the governor; and,
when he went out, I followed him. The governor walked down towards the
main guard near the parade. The guard turned out to salute the governor
as he passed, as usual. The governor went upon the ramparts, where there
were two field-pieces (six-pounders), and I stood at the end of the ramparts;
the governor ran by me towards the main-guard, and began to beat one of the
guard who was then under arms ; 1 believe the man was in liquor ; he beat
him for some time, then drew his sword, and took a bayonet from the sentry,
and beat him with that, and confined both the sentry and the guard. He
then ordered the drums to beat the long roll, which is to call the men on the
parade. I was sent, if I recollect rightly, by the governor to call the men
together as they were, that is, without arms ; they obeyed directly, and came
without arms, as they were, for this was sooner than parade time. Captain
Lacy, 1 believe, was there, but what non-commissioned officers, I do not re-
member. The usual time of roll-call was, I believe, a little before sunset,
but I do not recollect exactly. This was before that time, half an hour or
nearly so. When they came on the parade, they were ordered to form a
circle : I do not know whether by the governor's orders, or by those of one
of the officers, but governor Wall was there. Captain Lacy was there ; four
officers were there; I believe Mr. Ford, lieutenant Fall, and Mr. O'Shanley,
were there at the conclusion; but I do not know whether they were there at
232 JOSEPH WALL, ESQ.
the beginning. They were all inside the ring; the circle was small, for
there were not above three hundred men, and they were formed two deep : I
was close to the circle on the outside. The governor was in the inside of
the circle. I heard some words pass, but cannot say what they were ; I could
see every thing very well, as 1 leaned my head between the men. There
was within the circle a carriage of a six-pounder; it was brought in just as
the circle was formed. I cannot recollect who brought it. I heard the go-
vernor speak to the officers; what was said, I do not recollect, but I heard
the governor call Benjamin Armstrong out of the ranks. Armstrong was at
that time in his proper place, among the rest of the men.
He carne out, and was tied to the carriage of the cannon. Governor Wall
ordered him to strip. He was tied up to the gun-carriage. He was then
flogged by a black man, by order of governor Wall. There were five or six
persons employed in flogging him. They changed hands as the drummers
usually do ; I cannot tell how often, but, as well as I can recollect, they gave
each twenty-five lashes. I do not recollect how many lashes he received,
but certainly several, inflicted with a rope ; I cannot tell the size of it. These
blacks were no part of the regiment ; I never saw anybody before nor since
flogged in that way. Governor Wall was in the circle, urging these black
men to do their duty, and threatening them, if they did not. I heard him
call to the blacks, " Lay on him, you b , or else I will lay on you." I
heard him say several times, " Cut him to the heart, cut him to tlie liver."
I believe Armstrong begged for mercy, but I do not exactly remember the
words. What I have said took place during the punishment of Armstrong;
he was afterwards taken to the hospital, I believe. At this time, I did not
see the least appearance of mutiny among the soldiers, nor any mutiny or
disturbance between the time of the men passing the governor's house and
the commissary's, and the punishment of Armstrong. I was at the barracks
in the course of the day, when 1 heard them say, that they were to go up to
the house of the commissary. They said they were advised by lieutenant
Fall to go to the commissary, and to ask for their allowance before he went
away. I cannot say that I ever saw Armstrong afterwards, either dead or
alive. I heard that two or three days afterwards he died. There was no
court-martial held on Armstrong, that I know of; I did not see any. I was
near enough to see and hear and observe it, if it had been held. I have seen
a drum-head court-martial at Chatham, but I do not recollect how that was;
but it is usual to call on a man to answer a charge before he is punished. I
saw the governor conversing with the officers for a moment. Armstrong
was at this time in the ranks among the rest of the men ; and the whole of
this conversation passed before he was called out of the ranks. I did not
hear any sentence passed on him, nor do I believe there was any. I heard
some words ; I heard him called out, and heard him ordered to strip. I did
not hear what it was for. The first words addressed to him were to call him
out of the ranks, and then he was ordered to strip. Governor Wall went
away the next day, but I do not know how many officers went with him.
Roger Muure examiutd. — I was a private in the garrison in 178'2, at Goree ;
was present on the 10th of July; the troops paraded between four and five
o'clock. The governor ordered lieutenant Fall to form a circle after the pa-
rade was over. The officers, consisting of the governor, captain Lacy, lieu-
tenant Fall, and lieutenant O'Shanley, had a conversation for some little time
within the circle. I was not near enough to hear; the officers spoke gently.
Armstrong was not seen speaking to the officers, nor they to him : he "was to
the right of the company of sergeants. Governor Wall called Armstrong
out of the ranks, and represented him as the ringleader of the mutiny. Arm-
strong, who made some reply, and spoke to the officers, was close to the
governor. In a short time the limbers of a six-pounder were brought into
the circle. Armstrong was tied up by the governor's orders, having been
stripped. One of the mulatto men, who was interpreter to the garrison,
FOR MURDER. 233
received orders to instruct the blacks what they were to do, and which way
they were to inflict the punishment. I think there were about three or four
of them. He was punished with a rope; it appeared, at a distance, about
an inch in diameter. There were no knots. He received eight hundred
lashes ; 1 counted them ; they changed regularly during the punishment, like
the drummers of the regiment, each giving twenty-five strokes. Armstrong
died in the space of four or five days. 1 saw- him carried to be buried. I
saw no mutiny, except being dissatisfied, not having received money for short
allowance; and, talking with each other, they observed that the governor and
the commissary were going off the island, and if they did not get a settle-
ment before they went, they never should. They had been on short allow-
ance for some months. Armstrong said that he had been with the governor,
who promised to settle every thing ; the men seemed in good spirits, and
were quiet after this public declaration, and the parade was regularly formed.
Armstrong, during the flogging, asked forgiveness, and said he would never
be guilty of the like again. The governor told him that he hoped it would
be a warning to him. If the manner of forming the circle was to be called
a court-martial, I never saw one like it before or since. He was charged as
a ringleader of the mutiny, afterwards he was called out, and tied up in a
few minutes. There never has been a settlement of the short allowance
money. I do not know what is become of the officers.
Others deposed to the same effect.
Mr, Ferrick examrned. — I was surgeon to the garrison of Goree, in 1782.
I recollect what passed on the 10th of July. My quarters were near the go-
vernor's house. I saw the governor on the evening parade. I was sent for
about one hour before sunset ; there were present the governor, captain Lacy,
lieutenants Fall and O'Shanley, and ensign Ford. Armstrong was being
flogged when I entered the circle. When I came in, the governor said, this
d d infamous scoundrel, I am going to punish him. The negroes were
punishing him with a rope's end. I looked on. I understood he received
eight hundred lashes. Nothing passed between the governor and me. The
punishment appeared rather severe ; but I do not recollect that it was worse
than the usual punishment, or that his cries were louder. I attended him
afterwards, from day to day, at the hospital; he lived till the l.'ith : 1 have
uniformly concluded, that the punishment was the cause of his death ; I did
not make any observation to governor Wall on the state of the punishment.
(The witness was asked some questions as to his reason for not doing so,
when Mr. Knowles objected to the question. The court, after a short con-
sultation, ruled, that the witness was not bound to give any answer founded
on his own opinions.)
Witness proceeded. There was not the smallest appearance of disorder
or mutiny on that day.
Lord chief-baron. — Was there, in your opinion, any chance of his death
from the flogging'?
Witness. — My present opinion is, that there was a great chance of his
dying. Captain Lacy, lieutenants Fall and O'Shanley, and ensign Ford, are
dead ; I do not know whether Mr. Bearing is dead. The instrument with
which Armstrong was punished does more mischief, because it bruises, and
does not cut like the stripes of a cat. I did not know it at that time. His
back exhibited evident marks of bruises, but was very little cut ; he passed
blood both ways, and was asthmatic in the lungs.
Lord chief-baron. — How long had you been in the practice at that time ■? —
A. Two or three years.
The witnesses were then called for the defence.
The first witness called on the part of the prisoner, was Mrs. Lacy, who
stated that she was the widow of captain Lacy, so frequently mentioned in
the former part of the proceedings.
She was in the government house, at Goree, on the 1 0th of July, I78'2,
c 2 30
234 JOSEPH WALL, ESQ.
when several solfliers came there to claim the payment of what was due
to them for the short allowance they were placed on, while Mr. Adams was
the governor. The first time they came, was about nine or ten in the morn-
ing; in number, they might have amounted to seventy or eighty men. They
stopped opposite the government house, and were headed by sergeant Arm-
strong. He addressed the prisoner, governor Wall, and swore that if he did
not comply with their demand, they would break open the stores, and satisfy
themselves. They came again some time afterwards, and from their manner
she could not consider them to be sober. The governor next went to them,
and Armstrong swore, that if their request was not complied with, the stores
should be broke open. The governor requested to have a few hours to con-
sider of it, and desired them, at the same time, to return to their barracks.
They then went away shouting and making a great noise. They said the
governor should not leave the island till they were satisfied ; and Armstrong,
as well as two others, of the names of Upton and Paterson, spoke in so
threatening and alarming a manner, as to make her apprehensive of great
danger. It was a quarter of an hour before the governor could persuade them
to depart; after whicii he sent for the officers off duty (of whom her late
husband was one, and lieutenant Fall and O'Shanley the others), whom he
acquainted with the mutiny going forward. It was agreed amongst them,
at that meeting, that they should not confine all the offenders at once, but
take them separately, and try the ringleaders by a court-martial. The go-
vernor then sent to Spurly, the drum-major, desiring him to be prepared for
executing whatever the court might determine; and, on the return of that
officer, he reported that all the cats-o'-nine-tails were destroyed in the morn-
ing, and that the governor, for his own safety, should immediately embark,
as the men were resolved not to submit to any of them being punished.
Lieutenant O'Shanley proposed that they should be punished by the linguist
and his people, as the regular drummers were engaged in the mutiny. The
governor ordered the court-martial to prepare, and Lacy to have every thing
ready to hold it on the parade. The linguist was sent for, and came to the
government house with the officers. Lacy, Fall, and O'Shanley.
Peter Williams was a non-commissioned officer at Goree, and recollected
the day before governor Wall embarked on his return to this country. About
eleven o'clock on tliat day, he saw nearly a dozen men parading before the
governor's house, and demanding to be paid their short allowance money.
Kearney was then the orderly-sergeant u])on duty. The governor refused to
comply, and ordered them to return to the barracks. They did so, but re-
turned in the evening, more numerous than before, and led on by sergeant
Armstrong, Paterson, and Upton. They were very forward in insisting on
the governor's compliance, and were seconded zealously by two drummers
of the African corps. Armstrong said he would be d d if he should quit
the island till the people were satisfied ; and the party went away in a clamo-
rous, noisy, and disorderly manner. They came three times on the same
day, and conducted themselves with equal irregularity. He heard the three
parties, Armstrong, Paterson, and Upton, say, they would be d d if they
would not break open the stores. This was distinctly stated by each of
them. He was present when the circle was formed on the parade, in the
usual military form. The governor was outside of the ring, and three or
four officers were in it, holding a court-martial upon the deceased, for mutiny.
Orders to that effect were given them by the governor; but he did not hear
them say any thing to the deceased. After they had came to a decision,
captain Lacy left the circle to report their proceedings to the governor, upon
which the latter communicated to Armstrong, that the court had sentenced
him to receive eight hundred lashes with a rope's end. He believed the
whole of the punishment was inflicted, after which Armstrong walked, un-
supported, to the hospital, with his shirt thrown over his shoulders.
General Forbes had known Mr. Wall between thirty and forty years ; they
VICE-ADMIRAL BYNG. 235
had served together at Havannah. After that he had not an opportunity of
seeing him till the year 1786, when he met him in Paris. With respect to
his character, he always knew him to behave as became an oflScer and a gen-
tleman, in every respect, and with the most perfect correctness.
General Mackenzie stated, that he had known governor Wall from the
year 1763 to 1770 ; that he had served with him, and always regarded him as
a man of great humanity and good temper.
The rev, Mr. Clark stated, that he knew Mr. Wall at Pisa and at Florence,
in the years 1795 and 1799; that he seemed to him to be a most tender and
atfectionate husband and father ; and, from every part of his conduct that came
under his (Mr. Clark's) observation, he considered him as a man of distin-
guished humanity.
The jury retired for about three-quarters of an hour, and, at their return
into court, the foreman, who appeared to be affected, pronounced in a low
and faltering voice, their verdict of — Guilly.
The recorder, in addressing him, said, he had been most ably defended by
gentlemen of abilities and experience, but religion and law hold it sacred,
that he who sheds the blood of man, by men shall his blood be shed. He
then proceeded to pass the fatal sentence of the law, which was in substance
— That he, Joseph Wall, be taken to the place from whence he came, and
from thence to a place of execution, there to be hanged by the neck until he
be dead, and his body afterwards given to be anatomized and dissected, ac-
cording to the statute in that case made and provided. — " Prisoner, the Lord
have mercy on your soul."
Wall was six feet four inches high, of genteel appearance, and sixty-five
years of age. He was afterwards executed at the Old Bailey, amid the plau-
dits of the populace, who considered his execution as the triumph of law over
abused power.
VICE-ADMIRAL BYNG.
AT A COURT-MARTIAL, HELD ON BOARD HIS MAJESTy's SHIP THE ST. GEORGE,
IN PORTSMOUTH HARBOUR, 1757.
On Tuesday , the 28th of December, Admiral Byncj was brought to the bar
by the marshal, and the commission, with all the articles of accusation exhi-
bited against him, were read.
On Wednesday the 29th, rear-admiral West was sworn and examined.
Court. What distance do you imagine the Ramillies might be from the
Buckingham at the time of the engagement with the French fleet 1 — Admiral
West. I believe about three miles.
Court. Do you think the admiral and the rear could have come up to the
assistance of the van, and come to as close an engagement with the enemy?
— Admiral West. I knew of no impediment to the contrary ; but I cannot
presume to say there was no impediment ; nor I would not be understood to
mean there was none.
Court. How was the wind and weather? — Admiral West. The wind was
very calm, and the weather exceeding fine.
Court. Could you keep your lower ports open? — Admiral West. Yes, I
could ; and I knew of but one ship that could not, and that was theDeptford,
who lowered her ports occasionally.
Court. Did you see any fire from admiral Byng's ship during the engage-
ment?— Admiral West. When I was looking towards the Intrepid, which
was in distress astern of her, I saw some smoke, which might very probably
be from the admiral's ship, or some of his division; but I was not able to
discover at what ship it was directed. ... - . y-,^.i,~j. ;<
V
236 VICE-ADMIRAL BYNG,
Jldmiral Byng. Was it not in the power of the enemy to decline coming to
a close engagement, as the two fleets were situated ] — Jidmiral West, Yes, it
was; but, as they lay to our fleet, I apprehended they intended to fight.
Admiral Byng. Are you of opinion that the forces on board the fleet could
have relieved Minorca? — Jldmiral West. I believe they could not.
Admiral Byng. Were not some of the ships deficient in their complement
of men ? — Admiral JJ'est. Yes.
Admiral By 7ig. Were not some of the ships out of repair? — Admiral West.
Yes.
Admiral Byng. Was not the fleet deficient, in point of force, with the enemy 1
Admiral West. Yes.
Lord Blakeney was sworn.
Admiral Byng to lo7-d Blakeney. Do you think the forces could have been
landed 1 — Lord Blakeney. Yes ; I think they might very easily be bnded.
Admiral Byng. Was there not some fascines thrown in the way 1 — Lord
Blakeney. Yes ; but they were such as I think might easily have been de-
stroyed.
Court. If the admiral had attempted to land the men, would it not have
been attended with danger? — Lord Blakeney. Danger! most certainly. It
could not be so easy as stepping into this ship. I have been upwards of fifty
years in the service, and I never knew any expedition of consequence carried
into execution but what was attended with some danger; but of all the expe-
ditions I ever knew, this was certainly the worst.
Admiral Byng. Had not the French a castle at the point, which might have
prevented the landing of the troops ? — Lord Blakeney. Not on the 20th of May ;
and the enemy were then in such distress for ammunition that they fired stones
at the garrison.
.Idniiral Byng. Do you think that the officers and few men I had on board
the fleet could have been of any great service to the garrison ? — Lord Blakeney.
Yes, certainly, of great service ; for I was obliged, at that time, to set a great
number of my men to plaster the breaches.
Captain Everitt examined.
Court. What time did you see or discern the island of Minorca ? — Captain
Everitt. We got sight of the island of Minorca about six o'clock in the morn-
ing of the 19th of May.
Court. What was your nearest distance from St. Philip's castle ? — Captain
Everitt. About eleven or twelve o'clock in the forenoon of the 19th of May,
we were about two leagues distant from St. Philip's castle ; and I believe
that was the nearest distance I was to it.
Court. What time was the French fleet first discovered ? — Captain Everitt.
About two or three in the afternoon of the same day (the 19th of May), the
French fleet was seen distinctly, standing to the westward ; but I cannot
pretend to say at what distance.
Court. How did the British fleet stand at that time? — Captain Everitt. To
the S. E. the wind at S. S. W. moderate fine weather.
Court. What time did you see the French fleet preparing for engagement ? —
Captain Everitt. On the 20th of May, about eight or nine o'clock in the
morning.
Court. At what distance was the Ramillies from the Buckingham at the
time of the engagement ? — Captain Everitt. I believe about three or four miles.
Court. Could the admiral and the rear (^ome up to the assistance of the
van, and come to as close an engagement with the enemy ? — Captaiii Everitt.
I am of the opinion that the admiral's division might have carried all their
sail, and thereby assisted the van, and prevented them from receiving so much
fire from the rear of the enemy.
Saturday the first of January, the court being sitting, lord Blakeney ap-
FOR NEGLECT OF DUTY. 237
peared in consequence of admiral Byng's request, about nine o'clock in the
morning, when the admiral proposed the following question : —
Admiral Byng to lord Blakeney. If I had landed the troops, do you think
it could have saved St. Philip's from falling into the hands of the enemy %
— Lord Blakeney. It is impossible for me to pretend to answer that question
with any certainty ; but really, I am of opinion, that if they had been landed,
it would have enabled me to hold out the siege till sir Edward Hawke had
come to my relief.
Then the four first lieutenants of the Buckingham, admiral West's own
ship, were examined, and they all agreed that they did not know of any im-
pediment to hinder the admiral and his division from coming to the assistance
of the van, which was closely engaged and raked by the enemy's rear as
they came up, and that they did not see the admiral go to a close engagement
with the enemy, agreeable to his own signals.
Monday, the 3d of January.
Captain Everitt was cross-examined.
Court. If admiral Byng had come to a close engagement, do you think a
complete victory might have been obtained 1 — Caplain Everitt. Why, really,
1 think there was all the reason in the world to expect it, it being very well
known that admiral West beat off two of the enemy's ships, though he had
but five ships to their six, and their metal much heavier.
Court. How was the wind] — Captain Everitt. An exceeding fair gale.
Court. Had you too much or too little ■? — Captain Everitt. Neither : just
enough, and no more.
Captain Gilchrist was sworn.
Court. Did every ship bear down at a proper distance to attack the enemy 1
— Captain Gilchrist. No; not according to signals thrown out for that pur-
pose by the admiral, between twelve and one o'clock ; but the rear-admiral
and his division bore down right before the wind, and hauled up opposite
their proper ships, and attacked the enemy ; except the Defiance, which ap-
peared to be rather too much ahead. The ships in the rear were in a line of
battle ahead ; upon which the Defiance threw all aback, and fell down upon
her proper ship, the headmost ship of the enemy.
Court. Did the admiral bear down before the wind upon the enemy 1 —
Captain Gilchrist. No; nor any of his division.
Court. Did the ships in the rear make all the sail they could in order to
close with the enemy, from the time the signal was given for battle till the
action was over ] — Captain Gilchrist. No ; but in the latter part of the action
admiral Byng set all his sail, except the top-gallant sails.
Court. Would the wind and weather permit him to carry all the sail in the
ship that he commanded ] — Captain Gilchrist. The wind was such that I
could have carried all the sail in the ship that I commanded ; and 1 don't
know any reason why he could not do the same.
Captain Amherst was sworn.
Court. Could the admiral and the rear have come up to the assistance of
the van, and come to as close an engagement with the enemy] — Captain
Amherst. I do not know any reason why he could not.
Court. As the two fleets were situated, do you think it was in the power of
the enemy to decline coming to a close engagement? — Captain Amherst. Yes ;
I believe it was ; but, as they lay to our fleet, I imagined they intended to
come to an engagement.
Court. How did the admiral behave during the engagement? — Captain
Amherst. I cannot pretend to speak positively as to the admiral's conduct
during the engagement.
Captain Young was examined.
Court, Were any of the ships in our rear in danger of being on board you,
^
H
238 VICE-ADMIRAL BYNG,
occasioned by the loss of your foretop-mast 1 — Captain Young. Not as I could
perceive.
Court. Do you think it occasioned any impediment to admiral Byng and
his division from pfoing down to engage the enemy closely 1 — Captain Young.
I could not perceive it did.
Court. Did the admiral, and his division, bear dovi'u on your stern, and
go to the centre and rear of the enemy 1 — Captain Young. No, they did not;
when my top-mast went away.
Court. Did they afterwards at any time 1 — Captain Young. Yes, they did
about an hour after, and went to leeward of me, and passed me.
Court. Did they go down to the centre and rear to engage properly 1 —
Captain Young. The French were then gone, and left me astern.
Court. When the P'rench fleet passed you, what sail had they 1 — Captain
Young. To the best of my remembrance, they had their top-sails and fore-
sails.
Court. What sail had the admiral and his division abroad then"? — Captain
Young. Fore-sails and stay-sails.
Court. What sail had the Culloden'? — Captain Young. Her top-gallant
sails.
Court. How long was it after you had lost your topmast before the admiral
and his division passed to leeward of you ] — Captain Young. I believe it
might be about three quarters of an hour„ or an hour.
Court. Could the admiral and his division, as the wind was then, if they
had set all their sails, from the time the signal for engaging was made, and
bore away properly ; could they have come to a close engagement with the
enemy ? — Captain Young. Yes, they certainly could ; the French were lay-
ing to for us. I went down only under my top-sails, and I don't know why they
could not have added sails in proportion to the distance and going of their
ships.
Court. Did you observe what sail the admiral and his division were under
during the three quarters of an hour, or an hour which you just now men-
tioned ■? — Captain Young. No, I did not take any particular notice.
Court. Did you observe that they made any motions for going down to the
enemy] — Captain Young. No, I did not.
Court. Before the French ran did you see the admiral and his division closely
engaged with the enemy 1 — Captain Young. No, I did not, they were
astern and to windward of me.
Court. Did the admiral and his division bear down to the enemy when you
did ] — Captain Young. No.
Court. What sail were the admiral and his division under at that time? —
Captain Young. Under their top-sails and fore-sails.
Court. Could the admiral and his division have closed the enemy, to have
engaged properly, if they had borne down as the Intrepid did ? — Captain
Young. Yes; for the French were laying to.
Court. Supposing the admiral and his division had set all their sail, did
they lay to long enough to admit of it] — Captain Young. Yes, they lay to
long enough for me, and I suppose for the rest too.
Court. When the signal for engaging was made, were our ships in a proper
line of battle, ahead of one another ] — Captain Young. Yes ; there was a very
good line of battle.
Court. Had all our ships bore away at the same time, would it not have
prevented the running aboard each other ] — Captain Young. They were not
so near together, but every ship had room enough to wear.
The 10th of January.
Captain Carnival loas examined.
" I went," said he, " to my window abaft, to take a view of the fleet when
in the line of battle, and was extremely surprised to see the admiral and his
FOR NEGLECT OF DUTY. 239
division at so great a distance upon the weather quarter, and seeing the Intre-
pid in great distress, and no signal given for removing her out of the line, I
went to her assistance, and, after getting lier out of the line, fell into her sta-
tion, and engaged the Foudroyant, the French admiral, being the ship which
I imagined fell to my lot in the then line of battle."
He also said, he knew of no impediment to prevent the admiral's engaging
at a proper distance, any more than the rest of the tleet.
Tuesday, the 11th of January.
Captain Gardiner, of the RamiUies, the adniiraPs ship, teas examiiied.
Court. Were all the sails of the Ramillies sef? — Captain Gardiner. No,
they were not.
Court. If the Ramillies and the admiral's division had carried all their sail,
do you think they could have assisted the van, and have prevented them from
receiving so much fire from the enemy's rear 1 — Captain Gardiner. I do not
believe they might.
Court. Did you advise the admiral to bear down ] — Captain Gardiner.! did,
but the admiral objected to it, lest an accident of a similar nature with that
of admiral Matthews on the same seas, should be the consequence.
Court. Did the admiral show any signs of fear or cowardice ? — Captain
Gardiner. No, quite the reverse.
Court. Have you any thing to allege against the admiral's personal beha-
viour ] — Captain Gardiner. No, I have not.
Wednesday, the 12th of January.
Lord Robert Bertie tvas sworn and examined.
Court. Where was you stationed 1 — Lord Bertie. Upon the quarter deck
with the admiral.
Court. If the officers and recruits that were intended for Minorca had been
landed, do you think they would have saved fort St. Philip's"? — Lord Bertie.
No, I think they were of greater service on board the fleet.
Court. Was you on the quarter deck with the admiral in the engagement?
— Lo. d Bertie. Yes; but upon informing the admiral that I discovered one of
our own ships through the smoke upon the lee-bow of the Ramillies, and
which ship I was apprehensive the Ramillies would fire into without seeing
her, I was detached by the admiral between decks to stop firing.
Court. Did you discover any signs of fear or confusion in the admiral 1 —
Lord Bertie. No, far from it; he expressed an impatience to engage the
enemy.
Court. How near were you to the enemy at the time of the engagement? —
Lord Bertie. We were so near the enemy as to be hulled by them, and many
of the enemy's shots passed over us.
Court. Did you ever hear any murmurings. or complainings, by any of the
officers or men on board, upon a supposition that the admiral had not done hi8
duty ? — Lord Bertie. No ; I never heard any tbing like it.
Lord Robert Bertie's examination being finished, colonel Smith, who was
also upon the quarter deck with the admiral, was examined next, who con-
firmed what lord Bertie had said, in every particular ; and he also added, that
a shot from the enemy passed between him and lord Robert Bertie, as they
were abaft the main-mast, wbich took off the head of a timber upon the deck ;
and went through the hammocks in the main shrouds.
Monday, the 17th of January.
Captain H. Ward, of the CuUoden, was examined ; who declared that the
shot fell short ofhim, being to leeward of the admiral, and gave it as his opinion
that had the admiral bore down they might have taken every ship of the ene-
my. After him several of his lieutenants were examined, who all deposed to
the very same purpose. •■,.,. , .
240 VICE-ADMIRAL BYNG,
All the witnesses beings examined, admiral Byng was called upon to make
his defence, which he did in the words, or to the substance following : —
" Gentlemen, — The articles of the charge exhibited against me are of such
a nature, that every thing which can be supposed interesting to a man is con-
cerned in the event of this cause. My character, my property, and even my
life are at stake ; and I should indeed, have great reason to be alarmed,
were not I conscious of my innocence, and fully persuaded of the justice and
equity of the court.
"On the 17th of May I was joined by his majesty's ship the Phoenix, off
Majorca, and got off Mahon the 19th. The P'hcenix confirmed the intelli-
gence I received before at Gibraltar, of the strength of the French fleet, and
of their being at Mahon. The British colours were still flying at the castle
of St. Philip's, and several bomb batteries playing upon it from different
parts : on the west part of St. Philip's we saw French colours flying. I
despatched the Phoenix, Chesterfield, and Dolphin ahead to reconnoitre the
harbour's mouth, and captain Hervey to endeavour to land a letter to general
Blakeney, to acquaint- him the fleet was there to his assistance, though every
one thought we could be of no service to him, as by all accounts, could we
have spared any people, no place was secured for covering a landing. The
Phoenix was also to make the private signal between captain Hervey and
captain Scrope ; but the enemy's fleet appearing to the south-east, and the
wind coming off the land, I was obliged to call those ships in, before they
could get so near the harbour as to discover what batteries or guns might
be placed to prevent our having any communication with the castle. Falling
little wind, it was five before I could form my line, or distinguish any of the
enemy's motions, and was unable to judge of their force more than by their
numbers, which were seventeen, and thirteen appeared large.
" At first they stood towards us in a regular line, and tacked about seven,
in order, as I thought, to endeavour to gain the wind of us in the night; so
that, being late, I tacked, in order to keep the weather-gage of them, and
also to make sure of the land wind.
"After getting round the small island, called the Laire of Mahon, at ten
in the morning, I was within a league of the port ; but on seeing the enemy's
fleet, I thought it more immediately my duty to bear away at eleven, to meet
them. This obliged me to recall, with reason, the three frigates which I had
sent ahead of the fleet, to reconnoitre the harbour's mouth, to land a letter
for general Blakeney, to acquaint him the fleet was arrived to his assistance,
and to know in what manner it could be of the most effectual service.
"This behaviour will, I hope, appear to the court to be suggested by pru-
dence, all that could have been attempted in the space of an hour, and the
most advantageous step which could have been taken on that occasion. It
proves that I did not depend on the hearsay evidence which I had received,
even from the best authorities at Gibraltar, nor on the united opinion of every
officer at that place; but that I was determined to be certified of the true
state of the harbour and citadel from general Blakeney himself, as I knew
that captain Scrope, w^ho, together with all the soldiers and marines of Mr.
Edgecomb's ships, and one hundred seamen, had been left to reinforce the
garrison, would come off in his barge, and bring me a just relation of every
circumstance necessary to be known ; and though I mentioned in my letter
of the 25th of May, 'That it was the opinion of all the sea and land officers,
that they could render no service to the garrison, as no place was covered for
the landing of any men, could they have spared any :' in this I only gave
my opinion agreeable to that of all the other officers. Their opinion had no
influence upon my conduct, and was only meant to signify what might have
been the event, supposing the French fleet had not appeared at that time.
" So far then I hope it will appear to the court, that neither knowledge of
my profession, prudence in conducting the expedition, nor duty to my king
and country, appear to be deficient in me.
FOR NEGLECT OF DUTY. ■ 241
" When then, from the inferiority of the English, nothing could be rea-
sonably expected but misfortune and disgrace ; or, if by the greatest efforts
of good fortune, victory should declare for our fleet, that no advantage could
be drawn from it; when the risk of losing the whole fleet was the result of
an unanimous council of war ; and the nation, considering the real state of
the English and French navies, so little able to sustain a loss of that kind ;
when Gibraltar would have been left defenceless, and fallen of course to the
enemy ; could the seeking the French admiral, by a commander who foresaw
these probable consequences with not only an inferior, but a shattered fleet,
and no other ships in the Mediterranean to reinforce him, have been justified
in the judgment of men who have studied the nature of military achieve-
ments, or according to the rules and observations of ancient and modern wri-
ters on this head.
"The utmost advantage could have been but a prolongation of the siege,
without the least probability of raising it ; because the fleet, unable to keep
the seas, must have retreated to Gibraltar, the port of Mahon being still com-
manded by the enemy's batteries."
SENTENCE.
At a court-martial assembled on board his majesty's ship St. George, in
Portsmouth harbour, upon the 27th of January, 1757, present, vice-admiral
Smith, president, rear-admiral Holbourne, rear-admiral Norris, rear-admiral
Broderick, captain Holmes, captain Geary, captain Boys, captain Moore,
captain Simcoe, captain Douglas, captain Bentley, captain Keppel, and cap-
tain Dennis: The court, pursuant to an order from the lords commissioners
of the admiralty, having heard the evidence, and the prisoner's defence, and
very maturely and thoroughly considered the same, they are unanimously of
opinion that he did not do his utmost to relieve St. Philip's castle, and also
that during the engagement between his majesty's fleet under his command,
and the fleet of the French king, on the 20th of May last, he did not do his
utmost to take, seize, and destroy the ships of the French king, which it was
his duty to have engaged, and to assist such of his majesty's ships as were
engaged in fight with the French ships, which it was his duty to have as-
siste-d; and do therefore unanimously agree that he falls under part of the
twelfth article of an act of parliament, of the twenty-second year of his
firesent majesty, for amending, explaining, and reducing into one act of par-
iament the laws relating to the government of his majesty's ships, vessels,
and forces by sea ; and as that article positively prescribes death, without
any alternative left to the discretion of the court, under any variation of cir-
cumstance, the court do, therefore, hereby unanimously adjudge the said ad-
miral John Byng to he shot to death, at such time, and on board such ship, as
the lords commissioners of the admiralty shall direct.
But as it appears by the evidence of lord Robert Bertie, lieutenant-colonel
Smith, captain Gardiner, and other ofl!icers of the ship, who were near the
person of the admiral, that they did not perceive any backwardness in him
daring the action, or any marks of fear, or confusion, either from his counte-
nance or behaviour, but that he seemed to give his orders coolly and distinct-
ly, and did not seem wanting in personal courage, and from other circum-
stances, the court do not believe that his misconduct arose either from cow-
ardice or disaffection, and do therefore unanimously think it their duty most
earnestly to recommend him as a proper object of mercy.
It was, however, made a party question — the ministers were blamed for not
sending a stronger fleet, — and then, to screen themselves, sacrificed Byng;
who was barbarously shot for what at worst was but an error of judgment.
X 31 ■--
W:
242 RICHARD SAVAGE, AND OTHERS,
RICHARD SAVAGE, THE POET, JAMES GREGORY, AND
WILLIAM MERCHANT,
FOR THE MURDER OF JAMES SINCLAIR.
Richard Savage, James Gregory, and William Merchant were indicted
for the murder of James Sinclair : Savage, by jjiving him, with a drawn
sword, one mortal wound in the loM-er part of the body, of the length of
half an inch, and the depth of nine inches, on the 20th of November, 1727,
of which mortal wound he languished till the next day, and then died : and
Gregory and Merchant by being present, aiding, abetting, comforting, and
maintaining the said Savage, in committing the said murder.
At the request of the prisoners, the witnesses were examined apart.
Mr. Nuttal. — On Monday the 20th of November last, about eleven at
night, the deceased, Lemery, his brother, and I, went to Robinson's coffee-
house, near Charing Cross, where we staid till one or two in the morning.
We had drank two three-shilling bowls of punch, and were just concluding
to go, when the prisoners came into the room. Merchant entered first, and,
turning his back to the fire, he kicked down our table without any provoca-
tion. What do you mean 1 said I; and what do you mean? said Gregory.
Presently Savage drew his sword, and we retreated to the farther end of the
room. Gregory drawing too, I desired them to put up their swords, but they
refused. I did not see the deceased draw, but Gregory turning to him, said,
villain, deliver your sword ; and soon after, he took the sword from the
deceased. Gregory's sword was broken in the scuffle; but, with the de-
ceased's sword, and part of his own, he came and demanded mine; and I
refusing to deliver it, he made a thrust at me. I defended myself. He en-
deavoured to get my sword from me ; but he either fell of himself, or I threw
him, and took the deceased's sword from him. I did not see Savage push at
the deceased, but I heard the deceased say, I am a dead man ! And soon
after the candles were put out. I afterwards went up to the deceased, and
saw something hang out at his belly, which I took to be his caul. The maid
of the house came in, and kneeled down to suck the wound, and it was after
this that the soldiers came in : and I and Gregory were carried to the watch-
house.
Gregory. — Did not I say, put up your swords %
Nutial. — There might be such an expression, but I cannot call to mind
when it was spoke.
Mr. Lemery. — 1 was with the deceased, Mr. Nuttal, and my brother, at
Robinson's coffee-house, and we were ready to go home, when somebody
knocked at the door. The landlady opened it, and let in the prisoners, and
lighted them into another room. They would not stay there, but rudely
came into ours. Merchant kicked down the table. Our company all re-
treated. Gregory came up to the deceased, and said, you rascal, deliver
your sword. Swords were drawn. Savage made a thrust at the deceased,
who stooped, and cried oh ! At which Savage turned pale, stood for some
time astonished, and then endeavoured to get away, but I held him. The
lights were then put oat. We struggled together. The maid came to my
assistance, pulled off his hat and wig, and clung about him. He, in striving
to force himself from her, struck at her, cut her in the head, and at last got
away. I went to a night-cellar, and called two or three soldiers, who took
him and Merchant in a back court — when Savage gave the wound, the de-
ceased had his sword drawn, but held it with the point down towards the
ground, on the left side. As to Merchant, I did not see that he had any
sword.
Mr. Nuttal again. — Nor I ; nor did I see him in the room after the fray
FOR MURDER. 243
began. But after the candles were put out, he was taken with Savage in a
back court.
Jane Leader. — I was in the room, and saw Savage draw first. Then
Gregory went up to the deceased, and Savage stabbed him ; and, turning
back, he looked pale. The deceased cried, I ana dead ! I am dead ! — I opened
his coat, and bid the maid-servant suck the wound. She did, but no blood
came. I went to see the deceased upon his death-bed, and desired him to
tell me how he was wounded. He said, the wound was given him by the
least man in black ; this was Savage, for Merchant was in coloured clothes,
and had no sword, — and that the tallest of them, which was Gregory, past,
or struck his sword, while Savage stabbed him. I did not see the deceased's
sword at all, nor did he open his lips, or speak one word to the prisoners.
Mrs. Edersby. — I keep Robinson's coffee-house. When I let the prisoners
in, I perceived they were in drink. 1 showed them a room. They were
very rude to me. I told them, if they wanted any liquor, they should have
it ; but, if they did not, I desired their absence. Upon which one of them
took up a chair, and offered to strike me with it. They went into the next
room, which is a public coffee-room in the day-time. Merchant kicked down
tlie table. Whether the other company were sitting or standing at that table,
I cannot be positive ; but it was a folding table with two leaves, and there
were two other tables in the same room. Swords were drawn ; the deceased
was wounded, and Savage struggled with the maid-servant, and cut her, over
the head with his sword.
Mary Rock, the maid. — My mistress and I let the prisoners into the house.
My mistress showed them a room. Merchant pulled her about very rudely,
and, she making resistance, he took up a chair, and offered to strike her with
it. Then asking, who was in the next room 1 I answered, some company
who have paid their reckoning, and are just going, and you may have the
room to yourselves, if you will have but a little patience. But they would
not, and so they ran in. I went in not long after, and saw Gregory and
Savage with their swords drawn, and the deceased with his sword in his
hand, and the point from him. Soon after I heard one of them say, poor
dear Sinclair is killed ! 1 sucked the wound, but it would not bleed. Savage
endeavoured to get away, but I stopt him. I did not see the wound given to
the deceased, but I afterwards saw the encounter between Mr. Nuttal and
Mr. Gregory.
Mr. Taylor, a clergyman. — On the 21st of November I was sent for to
pray by the deceased, and after I had recommended him to the mercy of
Almighty God, Mr. Nuttal desired me to ask him a few questions ; but, as I
thought it not belonging to my province, I declined it. Mr. Nuttal, however,
willing to have a witness to the words of a dying man, persuaded me to stay
while he himself asked a question. And then, turning to the deceased, he
said, do you know from which of the gentlemen you received the wound ?
The deceased answered, from the shortest in black (which was Savage), the
tallest seized hold of my sword, and the other stabbed me.
Rowland Hulderness, watchman. — I came to the room just after the wound
was given, and then I heard the deceased say, I was stabbed barbarously,
before my sword was drawn.
John Wilcox, another watchman. — I saw the deceased leaning his head
upon his hand, and heard him then say, I am a dead man, and was stabbed
cowardly.
Mr. Wilkey, surgeon. — I searched the wound, it was on the left side of the
belly, as high as the navel. The sword had grazed on the kidney, and 1
believe that wound was the cause of his death.
Court. — Do you think the deceased could have received that wound in a
posture of defence ]
Mr, Wilkey. — I believe he could not, except he was left-handed.
^>'
244 RICHARD SAVAGE, AND OTHERS,
THE PRISONERS DEFENCE.
Mr. Gregory said, that the reason of their g-oiiig into that room was for the
benefit of the fire ; that the table was thrown down accidentally ; that the
house bore an infamous character, and some of the witnesses lay under the
imputation of being persons who had no regard to justice or morality.
Air. Savage having given the court an account of his meeting with Gre-
gory and Merchant, and going with them to Robinson's coflTee-house, made
some remarks on what had been sworn by the witnesses, and declared that
his endeavouring to escape was only to avoid the inclemencies of a jail.
Then the prisoners called their witnesses.
Henry Huggins, Thomas Huggins, and Robert Fish, deposed, that they
were present at the latter part of the quarrel, and saw Mr. Nuttal engaged
with Mr. Gregory, and struggling with a sword. This only confirmed part
of Nuttal's evidence. They added, that the cofli'ee-house was a house of
ill-fame.
Mary Stanley deposed, that she had seen the deceased in a quarrel before
that in which he was killed ; that Mr. Nuttal and he were very well ac-
quainted, and that she had seen Mr. Nuttal and Jane Leader in bed together.
John Pearse deposed, that Jane Leader told him, that when the swords
were drawn she went out of the room, and did not see the wound given :
that she was a woman of ill reputation, and that the coffee-house had a bad
character.
John Eaton deposed, that he had known the deceased about two months,
and had heard that his character was but indilTerent.
Mr. Rainby deposed, that the morning after the accident, he went to the
coffee-house to inquire for Mr. Merchant, and then heard Mr. Nuttal say, that
if he had any of the prisoners in a convenient place he would cut their
throats, provided he could be sure of escaping the law.
Mr. Cheeseborough deposed to the same effect.
3Ir. Nuttal. — Being moved with the barbarous treatment my friend had
met with, I believe I might say, that if I had them in an open field, I would
not have recourse to the law, but do them justice myself.
Then Mr. Nuttal called several gentlemen, who deposed he was a man of
reputation, civility, and good manners.
Several persons of distinction appeared in behalf of the prisoners, and
gave them tlie characters of good-natured, quiet, peaceable men, and by no
means inclinable to be quarrelsome.
And the prisoners then said, they hoped the good characters that had been
given them, the suddenness of the unfortunate accident, and their having no
premeditated malice, would entitle them to some favour.
The court, having summed up the evidence, observed to the jury, that as
the deceased and his company were in possession of the room, if the prison-
ers were the aggressors by coming into that room, kicking down the table,
and immediately thereupon drawing their swords without provocation, and
the deceased retreated, was pursued, and killed in the manner as had been
sworn by the witnesses, it was murder, not only in him who gave the wound,
but in the others who aided and abetted him. That as to the characters of
the prisoners, good character is of weight where the proof is doubtful, but
flies up Vfhen put in the scale against plain and positive evidence; and as to
the suddenness of the action, where there is a sudden quarrel, and a provo-
cation is given by him who is killed, and where suddenly and mutually per-
sons attack each other and fight, and one of them is killed in the heat of
blood, it is manslaughter. But where one is the aggressor, pursues the in-
sult, and kills the person attacked, without any provocation, though on a
^udden, the law implies malice, and it is murder.
The trial lasted eight hours. The jury found Richard Savage and James
Gregory guilty of murder, and William lilerchant guilty of manslaughter.
FOR MURDER. 245
On Monday, December Uth, being the last day of the sessions, Richard
Savage and James Gregory, with four others capitally convicted, were
brought again to the bar to receive sentence of death. And being severally
asked (as is usual on such occasions) what they had to say why judgment
should not be passed upon them, Mr. Savage addressed himself to the court
in the following terms : —
It is now, my lord, too late to offer any thing by way of defence or vin-
dication ; nor can we expect aught from your lordships, in this court, but
the sentence which the law requires you as judges to pronounce against men
in our calamitous condition. But we are also persuaded, that as mere men,
and out of the seat of rigorous justice, you are susceptive of the tender pas-
sions, and too humane not to commiserate the unhappy situation of those
whom the law sometimes, perhaps, exacts from you to pronounce upon. No
doubt you distinguish between offences which arise out of premeditation and
a disposition habitual to vice and immorality, and transgressions which are
the unhappy and unforeseen effects of a casual absence of reason and sudden
impulse of passion : we therefore hope you will contribute all you can to an
extension of that mercy which the gentlemen of the jury have been pleased
to show Mr. Merchant, who (allowing facts as sworn against us by the evi-
dence) has led us into this calamity. I hope this will not be construed as if
we meant to reflect upon that gentleman, or remove any thing from us upon
him, or, that we repine the more at our fate, because he has no participation
of it ; no, my lord ! for my part, I declare, nothing could more soften my
grief than to be without any companion in so great a misfortune.
Mr. Merchant was burnt in the hand.
At the end of the next sessions, held the 20th of January, Richard Savage
and James Gregory were admitted to bail, in order to their pleading the
king's pardon. And, on the last day of the following sessions, being the
5th of March, 1727-8, they accordingly pleaded his majesty's pardon, and
their bail were discharged.
But to come to the dismal cause of his present condition. Having for
some time had a lodging at Richmond for the benefit of the air, and the con-
veniences of his study, he came to town on Monday the 20th of November
last, in order to pay off another he had in Queen-street, Westminster, tliink-
ing the expense too great to keep them both ; and falling into company with
Mr. Merchant and Mr. Gregory, they all went together to a coffee-house,
near his old lodging, where they drank till pretty late in the evening. Mr.
Savage would willingly have got a bed at the coffee-house for that night,
but there not being a conveniency for himself and company both, they went
away from thence with a resolution to waste time as well as they could till
morning, when they proposed to go together to Richmond. In their walks,
seeing a light in Robinson's coffee-house, they thought that a place proper to
entertain them, though Mr. Savage protested he was entirely ignorant of the
character of the house, and had never been there before. What was the con-
sequence of their going in there, we have already seen.
COURT-MARTIAL ON ADMIRAL KEPPEL.
The courts-martial on Keppel and Palliser are so intimately connected
with the history of the country, that they merit a place in this collection.
In the midst of the struggle with the colonies, France and Spain coalesced
with them, and in July, 1778, the hopes of the British government were
fixed on the channel fleet, commanded by an experienced seamen, admiral
Keppel. Unfortunately, Palliser, the admiral of the blue and rear division.
0
246 ADMIRAL KEPPEL,
was a lord of the admiralty, and in the presence of the enemy he chose to
think for himself, instead of obeying orders. The consequence was, the
escape of the French fleet, at a time when a decisive naval victory was re-
quired by the circumstances of the country.
Keppel was of the party of the opposition, and Palliser one of the minis-
try. Hence the influence of the latter in bringincr the former to trial, and
the joy of the nation on his acquittal. The facts, however, rendered it
necessary to bring Palliser to a subsequent trial, but the feeling of the
government was proved, by his being, soon afterwards, made governor of
Greenwich hospital, the most lucrative naval appointment in the gift of the
crown.
Keppel, in the mean time, was rejected from the representation of Windsor,
by the admitted influence of the court; but when the whigs out-voted the
ministers in 1781, he was raised to a peerage, and made tirst lord of the
admiralty, but removed by the subsequent changes.
On the 7th of January the signal was made for all the admirals and cap-
tains of his majesty's fleet to come on board the Britannia in Portsmouth
harbour.
Then the judge-advocate read the order sent by the lords of the admiralty
to sir Thomas Pye, admiral of the while, to hold the court-martial, dated
the 31st of December, 1778, signed Sandwich, T. Buller, Lisburne ; and for
adjourning to the governor of Portsmouth's house.
Tlie following members were then sworn, agreeably to act of parliament.
President, sir Thomas Pye, admiral of the white, Matthew Buckle, Esq.
vice-admiral of the red, John Montagu, Esq., vice-admiral of the red. Mar-
riot Arbuthnot, Esq., rear-admiral of the white, Robert Roddam, Esq., rear-
admiral of the white, captains M. Milbank, Francis Samuel Drake, Taylor
Penny, John Mourtray, William Bennet, Adam Duncan, Philip Boteler, and
James Cranston.
The court was then adjourned to the house of the governor of Portsmouth,
when the president desired the judge-advocate to read the charge.
'i Charge of Misconduct arid Neglect of Duty against the Honourable .fldiniral
Keppel^ un the 27th and 2Sth of July, 1778, in divers instances undermen-
tioned.
I. That on the morning of the 27th of July, 1778. having a fleet of thirty
ships of the line under his command, and being then in tiie presence of a
French fleet of the like number of ships of the line, the said admiral did not
make the necessary preparations for fight, did not put his fleet into a line of
battle, or into any order pro})er either for receiving or attacking an enemy of
such force; but, on the contrary, although his fleet was already dispersed
and in disorder, he, by making the signal for several ships of the vice-admi-
ral of the blue's division to chase to windward, he increased the disorder of
that part of his fleet, and the ships were, in consequence, more scattered than
they had been before; and whilst in this disorder, he advanced to the enemy,
and made the signal for battle.
That the above conduct was the more unaccountable, as the enemy's fleet
was not then in disorder, nor beaten, nor flying, but formed in a regular line
of battle, on that tack which approached the British fleet (all their motions
plainly indicating a sign to give battle), and they edged down and attacked
it whilst in disorder. By this unoflicer-like conduct a general engagement was
not brought on, but the other flag-officers and captains were left to engage
without order or regularity, from whence great confusion ensued ; some of
his ships were prevented getting into action at all, others were not near
enough to the enemy, and some, from the confusion, fired into others of the
king's ships, and did them considerable damage; and the vice-admiral of the
- ^ FOR NEGLECT OF DUTY. 247
blue was left alone to engage singly and unsupported. In these in-
stances the said admiral Keppel negligently performed the duty imposed on
him.
II. That after the van and centre divisions of the British fleet passed the
rear of the enemy, the admiral did not immediately tack and double upon the
enemy with those two divisions, and continue the battle ; nor did he collect
them together at that time, and keep so near the enemy as to be in readiness
to renew the battle as soon as it might be proper ; but, on the contrary, he
stood away beyond the enemy to a great distance, before he wore to stand
towards them again ; leaving the vice-admiral of the blue engaged with the
enemy, and exposed to be cut off.
III. That after the vice-admiral of the blue had passed the last of the
enemy's ships, and immediately wore and laid his own ship's head towards
the enemy again, being then in their wake, and at a little distance only, and
expecting the admiral to advance with all the ships to renew the fight, the
admiral did not advance for that purpose, but shortened sail, hauled down
the signal for battle ; nor did he at that time, or at any other time, whilst
standing towards the enemy, call the ships together, in order to renew the
attack, as he might have done; particularly the vice-admiral of the red, and
his division, which had received the least damage, had been the longest out
of action, were ready and fit to renew it, were then to windward, and could
have bore down and fetched any part of the French fleet, if the signal for
battle had not been hauled down ; or if the said admiral Keppel had availed
himself of the signal appointed by the thirty-first article of the fighting in-
structions, by which he might have ordered those to lead who are to lead
with the starboards tacks on board by a wind ; which signal was applicable
to the occasion for renewing the engagement with advantage after the French
fleet had been beaten, their line broken, and in disorder. In these instances
he did not do the utmost in his power to take, sink, burn, or destroy the
the French fleet that had attacked the British fleet.
IV. That instead of advancing to renew the engagement, as in the preced-
ing articles is alleged, and as he might and ought to have done, the admiral
wore and made sail directly from the enemy : and thus he led the whole
British fleet away from them, which gave them the opportunity to rally un-
molested, and to form again into a line of battle, and to stand after the
British fleet; this was disgraceful to the British flag, for it had the appear-
ance of a flight, and gave the French adiuiral a pretence to claim the victory,
and to publish to the world that the British fleet ran away, and that he pur-
sued it with the fleet of France, and offered it battle.
V. That on the morning of the 28th of July, 1778, when it was perceived
that only three of the French fleet remained near the British, in the situation
the whole had been in the night before, and that the rest were to leeward,
at a greater distance, not in a line of battle, but in a heap, the admiral did
not cause the fleet to pursue the flying enemy, nor even to chase the three
ships that fled after the rest ; but, on the contrary, he led the British fleet
another way, directly from the enemy.
By these instances of misconduct and neglect, a glorious opportunity was
lost of doing a most essential service to the state, and the honour of the
British navy was tarnished.
Captain Marshall, of the Arethusa frigate, sworn and examined by sir
Hugh Palliser.
His evidence tended to prove, that at six in the morning of July 27, the
British fleet were much dispersed ; that a signal was made for chasing,
which scattered the ships still more ; that the French fleet were in a line of
battle about nine o'clock in the morning before the engagement began ; that
admiral Keppel made no signal for forming into a line, but advanced toward
the enemy without any such disposition ; that from this circumstance it was
248 ADMIRAL KEPPEL,
impossible to engage ship to ship ; and that in this situation admiral Keppel
made the signal lor battle.
Q. The morning after the engagement, that is, on the 28th of July, were
not three of the enemy's ships in sight ] — I observed three sail.
Q. Were they line-of-battle ships or frigates 1 — I cannot say.
Q, Was there any signal made by the admiral to chase them ? — I think
not.
Admiral Montague. On the day you first saw the French fleet, to the day
you lost sight of them, do you, from your observation or knowledge know
of any act of the commander-in-chief, admiral Keppel, behaving or conducting
himself unbecoming a flag officer'? — No, as God's my judge.
Monday, January 11th.
Sir William Burnaby then informed the court, that when he first perceived
the French fleet, the afternoon of the 23d, they were to eastward of our fleet,
nearly a-head, or rather leeward, standing towards us, and appearing to be
in great disorder ; that, the Milford having received orders from the admiral
to reconnoitre the enemy, he made towards them. That at half-past four, he
tacked and stood towards the Victory, the French fleet nearly then beginning
to form a line a-head, seeming to direct their course to the leeward of our
fleet, and very little from the wind. About half-past eight o'clock, the
British admiral made signal for the fleet to bring to, and, to the best of my
recollection, it continued in that situation all night.
Upon further interrogations it appeared that the French fleet were all that
day forming in a line of battle : that on the 25th and 26th the weather was
squally, with fresh gales, which occasioned such a north-west swell as is
usual with such winds; that they kept the weather-gage of us all the time,
generally observing their line of battle, and rather gained upon our fleet ; some-
times carrying a pressing sail, at other times under an easy sail, for the
better perfecting their line of battle ; and that during all that time, had they
been ever so much disposed to attack our fleet, they could not have done it
without disadvantage, as they could not, without risk, fight their lee lower
deck guns, whilst we could fight our weather lower deck guns.
He was then examined as to the situation of the British fleet on the morn-
ing of the 27th ; when he said they were somewhat dispersed ; that a signal
was made by the admiral between nine and ten that morning, for some ships
to chase, and he saw them crowd sail accordingly ; but could not say
whether they were of the blue division. That he did not perceive the admiral
make any signal for the fleet to form into a line of battle a-head, or upon any
point of the compass : that, about eight o'clock, the French were in a regular
line of battle; and that at half-past eleven, when the admiral made a signal
to engage, our fleet seemed scattered. The French were pretty well formed
all the morning, and the attack was begun by them : that our signal for
battle was hoisted about eight minutes after the firing began.
Admiral Montague inquired, whether, if the admiral had not advanced, he
could have brought the French to action 1 The witness replied, he should
think not, if the French had been disposed to get away; but believed, that
if the French had lain to for us, the action would have been more general ; but
the French fleet absolutely edged down, and brought on the engagement
sooner. He could not charge his memory exactly to the time the signal of
battle was hauled down; but, the admiral being a-head of the enemy, he
remembered his wearing again and standing from the enemy upon the star-
board tack, which tack the enemy was upon also ; at that time the admiral
wore by signal ; that, a little after the action ceased, he observed the French
fleet beat up their line of battle, and in confusion, but not scattered ; that the
vice-admiral had before that time doubled on the rear of the enemy, and was
to windward of them ; that, to the best of his judgment, sir Ruljert Harland
and his division could have borne down upon the enemy, then being to wind-
Jti.
FOR NEGLECT OF DUTY. 249
ward of them, had the admiral advanced with the rest of the British fleet, and
kept the signal for battle flying, or if he had observed the signal appointed
by the thirty-first article of the fighting instructions, for the ships on the star-
board tack to take the lead ; and that, if the enemy had been so re-attacked in
that confusion by the vice-admiral of the red bearing down, and the admiral
advancing, the enemy must have been prevented from forming the line so
soon as they did ; and, finally, that they formed unmolested ; but, as a very
young officer, he did not lay much weight upon the competency of his judg-
ment.
The rest of this evidence, which concluded the business of the court for
that day, tended chiefly to prove, that the vice-admiral of the red, and part
of his division, had occupied the station of the admiral's wake, into which
he had made signal for sir Hugh Palliser to get ; but sir Robert was ordered
by the admiral to get his own station a-head as soon as he could ; he remera
bered, he said, the admiral, when he wore, had left the Vengeance a-stern
about two miles, much disabled, and in great danger of being cut off; he
also remembered seeing three or four of the enemy's fleet next morning,
which were not pursued by any of our fleet.
Tuesday, January 12.
Sir William Burnaby was cross-examined by admiral Keppel, as to the
vice-admiral's situation and conduct after the engagement; when it appeared
that from the natural superiority of the Victory over the Formidable in sailing,
and the damage the latter had sustained, sir Hugh Palliser could not ac-
company the admiral ; but that he did not see him make any signal of his
disability.
In the course of the admiral's questions to sir William, he asked, did I not
pursue with a press of sail, conformable to my worst sailing ships, to close
and get up, until the moment I brought them to battle, except the two times
after the 24th that I made the signal for the line 1 Sir Hugh objected to this
as a leading question.
Miniral Keppel. I desire I may not be interrupted by the accuser. I am
trying for my life and for my honour, which is dearer, and hope for the pro-
tection of the court. — Soon after, he said, I would have fired at the French
if they had not fired at me.
Answer from sir William to the question. You always pressed sail, and
gave every proof of your great desire of bringing the French to battle.
Captain Digby, of the Ramillies, was then called for examination.
Sir Hugh Palliser began to interrogate him with regard to the business of
23d, when admiral Keppel begged the court to take notice, that, for the purpose
of shortening, if possible, the length to which he saw the trial would neces-
sarily extend, if they still went over the same ground, and questions were repeat-
edly asked which he had admitted, he again told them that he admitted that
the French fleet put themselves into order of battle when we discovered them.
When captain Digby mentioned, that from squally weather there was a
swelling sea, and was asked whether the ships could then fight their lower
deck guns ; he said, he could not have fought all his.
The prosecutor then asked, — Had the French come down and attacked the
British fleet at the time when the British fleet could not fight their lower-
deck guns, would it not have been very disadvantageous for us ] Here it was
objected to sir Hugh Palliser, that he had, as usual, drawn conclusions very
different from the evidence, and asked his questions in terms which were not
admitted. Such an unwarrantable perversion could not be tolerated. Instead
of stating that the Ramillies could not fight part of her lower-deck guns, he had
stated that all the fleet could not fight all their lower-deck guns. In consequence
of this timely reproof, he altered his question, and it stood, that, whenever
such ships as the Ramillies could not fight her lee lower-deck guns, would it not
have been, &c. — That seems matter of opinion, and depends on their ships.
32
250 ADMIRAL KEPPEL,
Sir Hugh PalUser. Did the admiral make the signal for battle while
the fleet was scattered and dispersed 1 — Here again the vice-admiral was
called upon to attend to the words of the witness. The witness averred he
had never said the fleet was scattered and dispersed. The four ships indeed
that were ordered to chase were separated. This, admiral Keppel said, he
meant them to be, and he hoped there would be found no more of these mis-
statings.
Q. by Admiral Montague. Can you acquaint the court of any instance
within your own knowledge, during the time the British and French fleets
were in action, that admiral Keppel neglected to do his utmost to burn, sink,
and destroy the enemy, having it in his power so to do, or negligently per-
formed the duty imposed on him ] — I have always had the greatest esteem
and the greatest opinion of admiral Keppel, as an officer; I have so still, but
I have been giving evidence upon facts, and theansweringthat question would
be judging upon them, which I have no right to do.
Admiral Montague. In both articles of the charge, admiral Keppel is
charged with running away from the French fleet. Did you that day see him
run away from them, instead of advancing to renew the engagement, as he
might and ought to have done, which are the words expressed in the charge]
The charge was then read, and an objection started by sir Hugh Palliser
to the question, as contrary to law. Upon which several members of the
court-martial said, they did not care six-pence in this case for the law ; we
are come here to do justice, and hope, in God's name, it will be done.
Admiral Montague. If admiral Keppel ran away, captain Digby did so
too; and I suppose every part of the fleet followed their leader. Did you
that day run away from the French fleet] — No.
Wednesday, January 13. -
Continuation of captain Digby'' s evidence.
Admiral Montague. In the second article of the charge against admiral Kep-
pel, it is stated that he did not collect his ships together in the morning of the
27th, when the French attacked him ; were not the van and the centre of the
English fleet engaged when they passed ? — Great part of them were.
Q. Was the ship you commanded engaged ] — Yes.
Q. What was the condition of your ship] — Our main-top sail was cut to
pieces, our standing and running rigging very much cut, so that we were
not able to wear for some time. The fore-mast wounded in several places,
and in one place it was cut one half through. Several of the other masts
were wounded ; the main-yard and main-mast in particular.
Admiral Montague. In the situation of your ship, was it such as you could
have renewed the attack, if the admiral had tacked immediately after the
enemy 1 — I do not think my ship was in a condition to seek an attack for a
good while.
Admiral Montague. How long was it after, before you could have renewed
the attack, if the admiral had thought proper so to do ] — It was near seven
o'clock before I was able to tack ; the lee leech main-sail being so cut, that
I could not set it upon the other tack, which was necessary on account of my
being so far to leeward.
Admiral Keppel. I must ask captain Digby a question. Could he, with a
squadron of ships under his command, while the French were in the situation
described on the 24th, 25th, or 2tjth, with such weather, wind, and sea, as
he has described, and seeing an enemy of equal force to the leeward, in the
position he has stated; could he have hesitated one moment, on account of
weather, wind, and sea, to have led his squadron down to battle] — I believe
I shouW have attacked them.
Admiral Keppel. I asked whether you would have hesitated one moment] —
T think I should not have hesitated.
Admiral Keppel, Can he inform the court of the relative situation of the
FOR NEGLECT OF DUTY. 251'
English and French fleets, at daylight on the 27th of Julyl — As well as I
recollect, we were both on the larboard tack, the French fleet, about six,
seven, or eight miles to windward of us.
Then a fresh witness, captain Windsor, of the Fox, was called, sworn, and
examined. His evidence was in effect as follows : —
Q. Did you receive any orders from the admiral on the morning of the 27th
of Julyl— I did.
Q. At what hour 1 — A little before five.
Q. What were the orders you received ] — They were to stand towards the
Formidable, with the admiral's compliments to sir Hugh Palliser, and that
he only waited for sir Hugh Palliser and his division, bearing down into his
wake to renew the attack on the enemy.
Q. Did you then commit these orders to writing 1 — No, sir.
Q. From whom did you receive those orders 1 — From admiral Keppel.
Q. Did he give them to you on board, or by hailing"? — I was not on board,
1 received the message under the Victory's stern.
Q. From the admiral himself? — Yes.
Q. What time did you deliver your orders ] — By the time I received them,
it must be about half-past five.
Q. Who did you deliver them to 1 — I repeated the message twice to you,
sir Hugh Palliser.
Q. In delivering the message, did you use the exact words you have be-
fore, in the course of your evidence, repeated, or did you only inform me that
the admiral wanted my ships to come in his wake] — T have already repeated
ray message, word for word, as I delivered it.
Q. What answer did I give you "? — That you understood me very well.
Q. Did not I bid you inform the admiral, that I had repeated his signals for
the ships to bear down ? — I did not hear any such message.
Admiral Montague. Did you see admiral Keppel on the day of the engage-
ment, or the day after, run away from the French fleet ] — No.
Thuksday, .Tanuary 14.
Captain Hood, of the Robuste, was called upon and sworn.
Admiral Keppel. Mr. President, I know it is expected by some, that after the
history which the court had received of the alterations made in captain Hood's
log-book, by his order, since it was known that my trial was to come on, I
should object to his evidence.
Sir Hugh Palliser. I beg captain Hood to inform the court what those al-
terations were, before he gives his evidence.
Captain Hood observed, that the winds, the courses, and the distances in
the Robuste's log-book stood unaltered. That the corrections were in the
narrative part, and, not knowing but he should be called there a prisoner per-
haps, and not an evidence, he was willing to have it correct. Many reflec-
tions, he said, had been cast upon his character in public, which much alarmed
him ; he therefore thought it necessary to correct his log-book for the honour
and safety of the officers in his division. He begged leave to call the master
of the Robuste, with lieutenants Pitt and Lumley, to clear up the matter ;
adding that he conceived a captain of the navy had a right to alter and cor-
rect his log-book.
The first question by sir Hugh Palliser was then put, — What were the
alterations you made in the log-book ] — The captain replied, the first altera-
tion is in sending out the ships to chase in the morning; my log-book first
stated, that the vice-admiral sent out the ships to chase; I altered it to the
admiral made signal for our ship and others to chase. The second alteration
speaks more fully to the admiral's signals in the afternoon to wear down.
The other alteration is the seeing the three ships in the morning of the
28th, which was omitted in the original. The log-book before the court
speaks of the Robuste bearing down to his station in the afternoon, and
•>ii
253 ADMIRAL KEPPEL,
keeping as near to it as a disabled ship could, the admiral making much
sail.
Admiral Arhuthnot. If the admiral had thoujjht fit to have renewed the at-
tack when the French line was broke, could you have obeyed his signal and
gone down to the enemy in the condition you were in ? — I could not.
Admiral Montague. From their relative situation, as you have described
them, do you think the British admiral was running away from the enemy ] —
At that time there was no appearance of a flight.
Did the admiral run away any other time "! — There was nothing in his con-
duct at any time which indicated, in the most distant manner, a flight. In
the morning he pursued them.
Friday, January 15,
At ten o'clock the court was resumed, when captain Hood, of the Robuste,
was again called to the bar.
Admiral Montague. Did you see the French fleet to leeward on the morning of
the 28th 1 — I did not see the French fleet to leeward on the 28th, exceptthree sail.
Q. Did you see when the admiral made the signal in the morning of the
28th for the three ships to be chased, any ships that made a signal to set up
their rigging'? — I saw the flags for some ships to chase, in the south-east,
early in the morning. I do not recollect at that time to have seen any signal
for ships to set up their rigging.
*SVr Hugh FuUiscr. By the admiral's shortening sail, whilst standing to-
wards the enemy, hauling down the signal for battle, wearing and standing
to the southward, with the French fleet then astern, did you or did you not
then conclude that the admiral had determined not to re-attack that evening ?
— I did not see the admiral shorten sail. I cannot pretend to judge of the
admiral's determination.
Admiral Montague. Do you think, supposing the British fleet to sail equally
well with the French fleet, there was a probability of the admiral's coming
up with them before night, provided they had continued to fly from him ? — I
think not.
Admiral Montague, Supposing the British admiral had chased the French
fleet, and seen them go into port, supposing himself to be within four leagues
of the French coast, and a gale of wind had come on, would not the British
fleet have been in great danger in the condition it was, making the enemy's
coast a lee-shore 1 — I certainly think the disabled part of the British fleet
would have been in danger.
Q. Had the French fleet, after the action of the 27th, when to leeward, con-
tinued to lay to till daylight next morning, do you not think that admiral Keppel
would have bore down, and engaged them, provided the ships were in a con-
dition so to do ■? — He certainly would.
Captain Hood was then cross-examined by Admiral Keppel, with an inten-
tion to prove that the alterations in the Robuste's log-book were made after
he had heard of the intention of calling a court-martial on him. — To which
the captain replied, he had only heard rumours in common conversation.
Admiral Keppel. Am I to understand, sir, upon the oath you have taken,
that you had not heard of my intended trial, when you directed those altera-
tions to be made 1 — I had heard it as a common conversation, but no further.
Had you not then heard, that sir Hugh Palliser had exhibited a charge
acainst me, though you did not know the particulars of itl — I had heard there
was to be a court-martial, therefore I knew there must be a charge. .
Q. What then led you to discover, four months afterwards, any error in
the state of the transactions of these two days which you did not discover at
the time 1 — I was led to the discovery of the truth for the sake of myself.
Admiral Keppel. Mr. President, as that alteration in captain Hood's log-
book tends to aff'ect my life, I shall ask him no more questions.
Sir Hugh Palliser here requested leave to offer a few words to the court,
•Ir*-
FOR NEGLECT OF DUTY. 253
in consequence of what admiral Keppel had just said; and being indulged,
he condemned the admiral's impeachment of captain Hood's credit and cha-
racter, and pledged himself to examine many witnesses in the progress of the
trial, to resist, defeat, and confute the cruel and invidious attack. He was
stopped in his career by the court, who declared they could not sit and hear
it called a cruel and invidious attack in the prisoner to ask such plain and
straight questions as were necessary to the investigation of truth.
Admiral Montague said, that he had heard no impeachment of captain
Hood's character whatever. The admiral had stated a plain fact, which was
acknowledged by the captain, and that fact rendered him no longer eligible,
however competent, as a witness : the expressions of the accuser might be
proper in Westminster Hall, but they could not be tolerated in a court-martial.
It was determined that the speech of sir Hugh Palliser should not ap-
pear on the minutes.
Admiral Montague. From the whole of the transactions of the British fleet
on the 27th and 28th of July, did it appear to you, as an old and experienced
officer, that admiral Keppel did, on either of these days, tarnish the honour
of the Brilish fleet 1 — 1 have long had the honour of knowing the honourable
admiral, and I still respect him, notwithstanding my evidence will not be
farther requisite. His character is above my praises. I have given my evi-
dence, as far as it has gone, with honour and integrity. The court must
therefore judge and decide upon that question.
Saturday, January 16.
Captain Allen, of the Egmont, was then called by sir Hugh Palliser as a
witness in support of the charge, and examined as to the circumstances of
the action ; concerning which, so far as his memory served, his depositions
were materially the same with those of former witnesses : but he alleged that
his log-book and journal were at Plymouth.
Q. When you joined the vice-admiral of the blue, aboiTt seven o'clock,
did you then see the signal on board the Victory for the line of battle ahead,
and the blue flag under it, in bearing down to the Victory ? — I did.
Q. Had you ever seen it before in the course of the afternoon'? — I had.
Q. When you was to windward, at seven o'clock, of the vice-admiral of
the blue, did you see him with the same signals out as the Victory"? — I only
saw the signal for bearing to the vice-admiral's wake with my signal.
Q. I would ask you, whether in the condition your ship was in, after the
action, and in the morning of the 28th, you was fit to chase like a man of
war, and to entangle yourself on a lee shore, on an enemy's coast, without
being in imminent danger ] — She was not in a condition to chase, much less to
be entangled on a lee shore, on an enemy's coast.
Q. How many hours after was it, before your ship was in a condition to
renew the engagement, if the admiral had thought proper so to do ? — Three
hours and a half.
Q. Then, sir, was it not more proper, and prudent, in the admiral, to lay to,
and repair his disabled ships before he renewed the attack, than to have re-
turned to the engagement immediately "? — Assuredly it was.
Q. Then, sir, upon the whole, did it appear to you, as an old experienced
officer, that admiral Keppel did, by his conduct either on the 27th or2Sth of
July, tarnish the honour of the British navy 1 — No ; and I should not take
upon me to say thus much, if I had not been forty years at sea, and three-and-
thirty years an officer. I look upon if the admiral did much honour to, instead
of tarnishing the British navy.
Tuesday, January 19.
Captain Robinson, of the Worcester was called and sworn. His examina-
tion and depositions were similar to those of the other officers ; he said, that on
the morning of the 27th of July, the French appeared in a straggling line of
254 ADMIRAL KEPPEL,
battle ; the English in the usual state of sailino- ships ; that he judged, as
every effort had^heen made in vain, after the 23d, to bring the French to ac-
tion, the admiral then made the signal for his ship, with others, to chase to
windward, to endeavour to bring the French to action, if possible ; that, if the
admiral had made a signal for forming and chasing in a regular line, he could
by no means have brought them to action that day.
Was then the Worcester at your command, in a condition to go down on
an enemy's lee shore and begin a general engagement] — Not to go on a lee
shore by any means whatever, or to chase.
The last question proposed was by admiral Montague. Upon the whole,
sir, as an officer of experience, I ask you whether you think there was any
thing in the conduct of admiral Keppel on the 27th and 28th of July
which tarnished the honour of the British navy? — No; I have had the
honour of knowing admiral Keppel many years. I always looked upon
him as an exceeding good officer and a good man ; and believe him so still,
having no reason to alter my opinion.
Sir Hugh Palliser proceeded to call captain Bazeley, of the Formidable,
who was sworn.
Captain Bazeley deposed that the ships, ordered away from the vice-admiral's
division, did not leave him to go into action so well supported as the other
flag officers : and that on this account, the damages the Formidable received,
we're much greater than they would otherwise have been. That the enemy,
by form.ing a line to leeward, showed a disposition to renew the engagement;
which the'British fleet seemed to avoid. That he did not hear the Fox frigate
deliver a message to the vice-admiral of the blue ; but that the Fox cheered
first ; on which his expression to the men on the forecastle of the Formidable
was, " That's hearty, my lads, now return the cheer." He said the three
strange ships seen on the morning of the 28th, were not, to his observation,
chased by any of the British fleet; but being asked — If the British fleet had
pursued those three ships, and supposing the French fleet to have been in the
same direction they steered, was there not a probability of some of our un-
damaged ships coming up with those three ships, or the disabled ships of the
French fleet, and have taken them if the French fleet had abandoned tliem,
or, if they had stayed by them, another engagement might have been brought
on 1 — he replied, that being a matter of opinion, I beg leave to decline an
answer. The following were the most material questions that ensued.
Q. Being the middle of summer, short nights, and moderate weather, do
you apprehend it would have been attended with any imminent danger, if the
British fleet had pursued that of France, for the chance of coming up with
some of them, at least so far as seeing them into port, or to have made the
land 1 — It appeared to me to be not dangerous.
Q. If you, sir, had had an engagement with a single ship at that distance
from Ushant, and had beat her to occasion her to run away, do not you think
}'ou ought to pursue her till you had seen her into port, all your lower masts
being slanding] — In a single ship, I should not have hesitated a moment.
Jldmii-ul Muntague. In the course of your evidence, you have said the
chasing ships came into action separate; do you know the cause of their
doing so ] — The distance of them appeared to me to be by their chasing in
the morning by signal. Whether they could have come into their station of
line of battle after chasing, I know not.
Q. Did you, on the 27th of July, see any action of Admiral Keppel that
indicated flight; or did you see the French fleet pursue us and offer us
battle ■? — The British fleet stood upon the starboard-tack forming a line, the
enemy were astern forming a line, whether that has the appearance of a
flight, I beg leave to refer that to tlie opinion of the court.
Admiral lioddam. You said the French fleet seemed to wish to renew the
action, what were your reasons for so thinking ] — The French fleet forming
a line to leeward of the British.
FOR NEGLECT OF DUTY. 255
Q. You say you did not think the commander-in-chief intended to renew
the action that afternoon, after hauling down the signal for battle — What
were your reasons for so judging"? — Standing from them, and carrying so
much sail, that we could not keep up with him, or preserve our distance.
Q. Did the Formidable make any signal that you could not come up ] — No.
Cross-examiiied by admiral Keppel.
Captain Bazeley has, on some occasions, refused giving his opinion, in
others he has given it, which is not consistent ; but, as he says the admiral
did not wish to renew the engagement, and gives for a reason, that he car-
ried too much sail, I now ask him, what sail the commander-in-chief did
carry on the afternoon of the 27th, while standing to the southward ] — I
cannot particularly recollect what canvass she had ; my reason for so saying
was the Victory's fore-reaching the Formidable.
Q. Then inform the court how you know she carried much sail? — I mean
to explain myself about much sail.
Jdmiral Keppel. A direct answer.
TViiness. As the admiral has declared he means to examine me close, 1
beg leave to recollect myself. In the disabled state the Formidable was in,
what I have related to the court is true, with respect to the Victory's being
at that time (to the best of my recollection) under her top-sails and fore-sails.
Friday, January 22.
By the continuation of captain Bazeley's cross-examination, it appeared,
that the minutes of the signals, made on the 27th and 28th of July, were
taken on board the Formidable by two midshipmen, who have been since
appointed mates in other ships ; and, on their receiving that appointment,
were delivered to Mr. Perry, then another of their midshipmen, and who,
being since made a lieutenant of the Triumph, at Chatham, carried them
away with him from the ship ; but they were not, he said, very correct, as
the master had informed him. He meant they were not full enough ; but no
alterations or additions had been made in them.
Sir Thomas Pye observed, that the witness had said, in the course of his
evidence, that in the condition of his ship, he would not have hesitated to
pursue a single ship of the enemy, till he had seen her into port ; he wished
to know, whether his ship was then in a condition to chase an enemy upon
a lee shore. Captain Bazeley replied, that he did not consider himself on a
lee shore, unless he could see the land, and the wind blowing right upon it;
and that, immediately after the engagement, he would have thought himself
justifiable in doing so ; but on the morning of the 28th, when tlie three
French ships were in view, he should not have hesitated a moment to chase ;
nor did he think he should have done his duty, if he suffered the enemy to
go away unpursued.
Sir Richard Bickerton, captain of the Terrible, being called next, he con-
firmed the signals having been made by. the admiral at different times on that
morning, for six ships of the blue division to chase, and their consequent
separation from their flag and each other. He mentioned his own ship, the
Terrible, as one of the ships that chased in consequence of those signals, and
he remembered three others of them to be the Egmont, the Robuste, and the
Worcester. Those signals, he thought, were the means of bringing on the
engagement sooner, but prevented the ships, to which they were made, from
engaging altogether at the same time, on account of their chasing from dif-
ferent situations, and of their different rates of sailing. He saw no particu-
lar signals afterwards made by the admiral for those ships to tack ; but the
witness, from his own judgment, tacked a little before the general signal was
made for the whole fleet to tack. If those six ships had not been so taken
from their flag, that division would certainly have come into action more
connected, and in a better condition to support one another. He remembered
^%
256 ADMIRAL KEPPEL,
the Formidable coming across the Terrible whilst she was engaging the next
ship ahead of the Bretagne ; until which time he believed there was not any
ship near enough to afford him any support, and, for fear of being aboard of
the Formidable, the witness edged away astern of her. The van and centre
divisions appeared to him very well connected together, and the distance he
was from them, gives him reason to believe, that the commanders in those
two posts, were well supported ; but, the chasing ships of the blue division
being extended seven or eight miles from the centre, the commander of that
division was certainly not so well supported ; nor was the witness able to
answer, that the vice-admiral of the blue had equal support with the vice-
admiral of the red, going into action, or during any part of it. From what
appeared to him, he did not think the British fleet in a condition to renew the
action. His own ship certainly was not ; he admitted, however, that, had he
been engaged with one of the enemy's ships on the same tack, the condition
of the Terrible was not so bad as that he would have left the enemy, for he
would have fought whilst he had steerage-way, or the least command of the
ship.
Being cross-examined by the court, respecting the effects of the signal for
chase in the morning, he declared, that, from the disinclination the enemy
had always shown to come to action, he believed the engagement could not
have been brought on, had the admiral, instead of the signal for chase, made
signal for forming a line, and bore down into tlie vice-admiral's wake ; but
that, he said, must depend entirely on the will of the enemy. He said fur-
ther, that it was his ship that came into action sooner than if the line had
been formed.
Having said, in answer to a question from sir Hugh Palliser, that during
his knowledge of the service, he never heard of an instance in which a vice-
admiral had, under any circumstances, called back ships that were chasing
by signal from the commander-in-chief.
Admiral Montague immediately asked him, whether, as an experienced
officer, he would not have thought it his duty to tack without any signal from
the admiral, under the particular circumstances of that case ]
To this he replied, that he had in fact done so, and thought he had done
his duty; for, conceiving the admiral's object was to bring the enemy to ac-
tion at all events, he made all the sail he could, till finding the wind had
shifted two points, and that our fleet was then able to bring the French to ac-
tion, and that the British admiral had actually begun to engage, he thought
proper to take his station in the line, and get into action as soon as he could;
he thought his duty warranted him to do this, but he could not say that the
vice-admiral would have been warranted in calling him from the chase into
the line. He confirmed the evidence already given respecting the three
French ships, which were near our fleet on the morning of the 28th, and were
not pursued ; though he admitted that there were some of our ships not disa-
bled ; that two of the enemy's ships appeared to be frigates, and that we had
four frigates in our fleet, one of which was sheathed with copper. He was
of opinion, however, that if chase had been given, there was no probability
of coming up with these ships, or bringing on a general engagement.
Admiral Montague then said : — Sujiposing the French fleet had not run
away in the night, but had continued to lie to leeward, as they did the night
before, jogging on with the English fleet in a parallel line, do you not think
admiral Keppel would have engaged with them in the morning'? The wit-
ness answered, that he believed most heartily he would.
Admiral Montague having, in the course of this day, perceived that three
leaves had been taken out of the log-book of the Formidable, containing the
work of the 2Gth, 27th, and 28th of July, and others tacked into the book in
their stead, asked captain Bazeley if he knew how that came to be done 1
The captain's answer was, that he knew nothing of it — there was a fair
FOR NEGLECT OF DUTY. 257
book made out ; he ordered the old original log-book to be brought ; he knew
no more of it.
Admiral Keppel wanted to keep the court sitting beyond their usual time,
in order to have the master of the Formidable examined upon this circum-
stance ; but, the master not being then in the way, he was ordered to attend
the next day.
Saturday, January 23.
Admiral Keppel having finished with this witness, sir Hugh Palliser ad-
dressed the court in these words :
" Sir, the cutting leaves out of the Formidable's log-book is a fact of which
I was totally ignorant, until it was perceived by a member of this court; nor
could any person be more astonished at it than myself; it is my most anxious
wish to have this matter fully investigated ; and, for that purpose, I have or-
dered the master of the Formidable, and the mate who made the entries, to
attend here this morning; and, that they may be most strictly interrogated
upon the matter, I desire they may be examined by the court and admiral
Keppel, without any previous question from me.'
Mr. Forfar, the master of the Formidable, being then called and sworn,
and his former oath read to him, respecting tbe originality of the log-book.
Admiral Keppel observed, that his reason for wishing to trouble the court
the preceding day, when he requested the master of the Formidable might be
immediately interrogated respecting that alteration, was to prevent any inter-
mediate communication between him and others upon that subject; he there-
fore desired to know, who was the person who first acquainted him, that the
court had discovered any extraordinary circumstance relating to the book ;
and whether, and with whom, he had any conversation upon that subject
before the rising of the court the evening before '? The witness answered,
that he had heard a woman mention it to another in a shop where he had
been ; that it was between one and two o'clock at that time, and he imme-
diately came to the witness's room, that he might be ready to attend the court
if he should be called ; that in his way, he met the master of the Foudroy-
ant, who told him, he thought he would be wanted on that business ; that he
spoke to no other person till he came into the witness's room, where he saw
captain Walsingham, who told him, he supposed he was come about the log-
book ; that he had no other conversation with any person about it, till after
the court broke up, when he conversed upon it with captain Bazeley, at his
lodgings, next door to the vice-admiral's ; shortly after which he went to sir
Hugh Palliser's house.
Sir Hugh Palliser here observed, that, in order to save the court trouble,
he readily admitted that he had not only conversed with the witness the
evening before on the subject, but had interrogated hira very strictly indeed
upon the subject.
The admiral, however, wishing, in conformity with sir Hugh Palliser's
desire, to be minutely strict in his inquiries, proceeded in his interrogations;
by which it appeared, that the witness had been at sir Hugh Palliser's about
an hour and a half; that their conversation was in the presence of almost all
the officers of the Formidable, counsellor Hargrave, and Mr. Astley, the vice-
admiral's solicitor.
The work of the 25th and 26th, he said, had been copied from the log-
board into the log-book, as usual ; but, from the hurry of all the people on
the day of action and the following day, the work of the 27th and 28th was
not entered till the 30th ; when perceiving that, in the two days' work al-
ready entered, he had omitted the minutes of signals taken by the two mid-
shipmen, who had been appointed for that purpose, he took out the leaves,
and entered the work again, in doing which he spilled some ink on the next
blank leaf, which he also cut out on that account ; and having re-entered the
work of the 25th and 26th, exactly as it stood before, only with the addition
y2 33
258 ADMIRAL KEPPEL,
of the signals, he ruled two pages for the work of the 27th and 28th, but
finding it not sufficient to fill up two pages, he put the two days' work into
one page. The reason that the log-board of the 27th and 28th had not been
copied sooner into the book than the 30th was, that he took it first on a sheet
of paper, according to custom, in order to show it to the captain and vice-
admiral, before he entered it in the log-book ; that which he had so taken off
was approved of by them, with some little addition respecting signals and
time ; the particulars of which he could not then precisely recollect ; but he
proved, the work, as it appeared corrected, was recisely the same as it stood
then in the log-book on their table.
There had been minutes of signals taken on board before they began action,
but none, that he saw afterwards, unless by recollection. There was another
log-book belonging to the ship, cojiied from that on the table, a day or two
after the engagement, and was exactly the same, except in the circumstance
of three ships, whose signals were made to chase on the morning of the
28th, and soon after hauled down. This remark was not set down in the
book which had been given into court, but was interlined in the other book,
about the time the fleet arrived at Spithead. This interlineation was the
reason of his giving in the one in preference to the other, as he could swear
that the one given in was without alteration or addition ; but could not say
so of the book which was so interlined, though in every other respect the two
books were alike and equally authentic.
The prisoner and prosecutor then mutually desiring that the other book
should be also left on the table, the court assented to it accordingly.
One of the court then remarked, that, in the work of the 27th, in the log-
book there was no minute of any signals but two ; that for chasing in the
morning, and that in the evening for ships to windward to bear down ; and,
upon questioning the witness with regard to this omission, he declared, that
he knew of no minutes for signals being taken, except from recollection, from
the time the engagement began ; those two midshipmen, who used to take
them, were after that time obliged to attend other duties, being the only two
midshipmen to be depended on in the ship.
Sir Hugh Palliser then desired the witness should be asked, whether he
knew, or had any reason to believe, that captain Bazeley, or his vice-admiral,
had any knowledge of the leaves being cut oui of the log-book, until that
circumstance appeared the evening before on the trial.
He answered that he believed they had not.
Admiral Keppel, having done with this witness, addressed the court thus :
" Mr. Presidtnt, — I shall ask no more questions concerning the minutes ;
but I cannot help expressing my surprise, that the midshipmen should take
down the signals to chase, which the prosecutor dwells so much on, omitting
all the others by which they were called together during the rest of the day.
And I have but one more observation to make on the accuser's address to the
court ; his offer was intended to carry the appearance of candour, when he
requested that the master might be exposed to the strictest examination by
the court and me, without any previous questions by himself; whereas it now
turns out, just as I expected yesterday, when he resisted my application to
the court to call the master instantly, that he has been previously examined
by sir Hugh Palliser and his friends."
Sir Hugh Palliser replied, " The postponing the examination of the mas-
ter yesterday was the act and the proposition of the court, before I said any
thing ; as to my speaking to the master since, about cutting out the leaves,
it was very natural that 1 should make an inquiry into a fact, which I was
before so totally ignorant of till yesterday, and so much surprised at. I shall
continue to give the court the utmost information and satisfaction on that
point; and for this purpose I have sent expresses to endeavour to find the
midshipman who succeeded those two that made the signal minutes, and who
is now supposed to be in possession of them. He is supposed to be some-
FOR NEGLECT OF DUTY. 259
■where on board a tender in Wales, or on board some other ship ; I shall take
every step in my power to find him out, and obtain, if possible, the original
minutes which he carried with him from the ship.
;"■* -' ' " ■ '-- ■
Monday, January 25. ' .
Captain Goodhall of the Defiance, one of the ships belonging to the blue
division, proved, in behalf of the prosecution, that when he began the en-
gagement, there were none of our ships near enough to support him ; that
the Victory, after the action, passed a mile or a mile and a half beyond the
enemy, before she turned about towards them again; and that the vice-admi-
ral of the blue's division appeared to him, after that time, nearer to the
enemy than the admiral's division. That the motions of the enemy, after
the battle, indicated a readiness to receive an attack, but not a disposition to
make one ; for, if the latter had been their inclination, it certainly was in
their power. He observed that the whole British fleet appeared in a condi-
tion to re-engage near the close of the day ; but, for his own part, his ship
was ready to make an attack again in forty minutes.
On the cross-examination of captain Goodhall, he declared, upon the whole,
that there was no operation of the British fleet on the 27th or 28th of July,
which had the appearance of flight ; but that the French fleet did fly, and
avoid the British fleet on the morning of the 28th.
Sir John Lockhart Ross, captain of the Shrewsbury, was the next witness
called by the prosecutor, whose ship, being the weathermost ship of the
whole fleet, had been ordered to chase at a quarter past five on the morning
of the action ; he gave a technical detail of the manoeuvres of the enemy pre-
vious to the engagement; and, on the adjournment of the court, was ordered
to attend the next morning.
Tuesday, January 2f5.
After sir John Lockhart Ross had undergone some examination by sir Hngh
Palliser, in the usual manner, the following summary questions were asked
by admiral Montague. As most of the questions that are asked are supposi-
tions and opinions, I beg to know, if the British fleet, when they came out
of action, had received little or no damage, whether you think admiral
Keppel would have renewed the action immediately 1 — Most certainly he
would.
Q. Did you see the British fleet run away from the French, or have the
appearance of flight, and did the French fleet pursue it and offer it battle on
the 27th of July, so as to give the French admiral a pretence to boast of a
victory 1 — Most assuredly at no period of time did I ever see the British fleet
run away, or have the least appearance of it.
Q. Then, sir, did you see the honour of the British navy tarnished on
either the 27th or 28th of July 1 — I did not in any respect.
Q. In the morning of the 28th, when you found the French fleet were
gone, did you not look upon it they had run away from the British fleet? —
Certainly, I did.
Cross-examination by admiral Keppel.
Q. Did I use every means as an officer to come up with the French fleet,
and bring them to battle, from the 24th to the 27th of July] — You did, by
carrying proper sail, both by night and day.
Q. If I had pursued the French fleet in line of battle, would it have been
possible to have preserved our nearness to them 1 — You could not.
Q. Was it not in the power of the French fleet, every day, from the 24th
to the 27th of July, to have brought on the action ■? — It certainly was ; they
being always to windward.
Q. If I had formed my line of battle on the morning of the 27th, do yoa
imagine I could have brought the French fleet to battle that day ] — No ; be-
260 ADMIRAL KEPPEL,
cause, had you made the signal for line of battle, and the weathermost ships
had only bore down on the wake of the leeward-most ships, we should have
been five leagues to leeward of the centre of the French fleet.
Q. At thelime the French fleet were so near, and the favourable change
of wind to us happened, must not the French admiral have given up some
of his rear ships, if he had not risked battle with his centre 1 — Most cer-
tainly.
Q. Did it ever appear to you in the afternoon of the 27th, that I had given
over my intent of renewing the action, if I could in time have formed my
line of battle] — Certainly not; the Shrewsbury was on her station all night.
Q. You are an officer of long experience in the service ; I therefore, sir,
desire you to inform the court, whether you observed any instance on the
27th or 28th of July, in which I negligently performed my duly, or the trust
imposed on me? — J know of none. In every respect the admiral discharged
his duty, as far as I can be a judge, becoming a brave and gallant officer.
The next person called was lord Mulgrave.
After the prosecutor had finished his examination of lord INIulgrave, admi-
ral Montague asked his lordship, if he had seen any instance of neglect of
duty in the commander-in-chief on that occasion 1 — Upon which his lordship
replied, that he had taken an oath to answer all such questions as should be
asked of him ; but he conceived that oath to relate to facts, not to opinions,
which weie naturally liable to error; he had given his evidence upon every
matter that had come within his knowledge, and to the fullest of his power;
but, as to his opinion on this occasion, he had ever yet declined giving it,
even to his most intimate friends.
The admiral then observed, that his lordship had mistaken his meaning?
he did not desire him to speak from opinion, but from what had fallen within
his observation or knowledge.
Lord Mulgrave replied, that he had perfectly understood his question, if
he understood the language. It imported him much, being upon his oath, to
abide by his own understanding, and not by that of other people. Negli-
gence, he said, implied criminality, and he must be equal to the duty of a
commander-in-chief before he could decide upon the propriety or criminality
of his conduct ; the court only were competent to that task ; and if the an-
swer to that question were to be insisted upon by the court, they would not
then be trying the admiral ; but as a witness, he did not think himself bound
to answer it ; and if an individual member of the court continued to press
the question upon him, he must request that the court would first withdraw
to form their judgment upon its propriety; and that they would seriously
take into consideration their own oath and his.
His lordship having uttered this with a degree of feeling which did not
appear to be much relished by admiral Montague, the admiral began to ex-
press his displeasure by an immediate address to the witness, who quickly
interrupted him with an appeal to the president, declaring that, if he was to
receive a reprimand for his language or conduct, it should, according to the
custom of all courts-martial, be from the whole court, but not from any indi-
vidual of it.
Admiral Montague with some warmth, declared, that not only this lan-
guage from the witness was extraordinary at such courts, but that indeed the
whole of the trial was new.
Lord Mulgrave then observed, that the right of putting questions was not
disputed by him ; he had only declared, that a right of passing a censure
was not in any single member, but in the court at large.
Admiral Montague grew warmer upon this; he declared he had never seen
any thing like this behaviour in a witness during six-and-forty years that he
had been an officer, and thirty years that he liad been a captain and an admiral.
He did not know what to say to it, but hoped it would have no influence
on any member of the court.
FOR NEGLECT OF DUTY. 261
The court then withdrew for nearly an hour and a half; after which, the
president acquainted lord Mulgrave, that the court, upon deliberation, had
come to a resolution, that the question should be again put by the judge-
advocate, but left him at liberty to answer or decline it. They had also, he
said, come to a resolution respecting his lordship's conduct, which the judge-
advocate should read, as coming from the president, viz. " I am directed by
the court to observe, that in the course of the reasoning you thought fit to
offer in objection to the last question proposed to you by a member of this
court, you have used language unbecoming the dignity of tiiis court to re-
ceive, without expressing their disapprobation thereof, which I am directed
to express accordingly."
Lord Mulgrave then assured the court that he had intended no offence, and
that he was extremely sorry the court should misconceive him ; but he was
interrupted by the president, who desired the question should be again put;
and his lordship still declining to answer it, admiral Montague instantly
moved to adjourn, whilst his lordship was attempting to resume his observa-
tions on the censure of the court.
Thursday, January 28.
Sir Hugh Palliser informed the court, that with their leave, he would call
on the earl of Sandwich, to exhibit and prove to the court the letters he had
received from admiral Keppel, relative to the transactions of the fleet on the
27th and 28th of July. He would not have called, he said, for this mode of
proof, if the admiral had not set the example. He added that, if the
admiral had no objections, he would also call for the admiral's and his
own private letters to lord Sandwich, relative to the transactions of the en-
gagement. He did not know, he said, that they contained any thing to the
prejudice of the admiral, but he would not desire to call for them if disagree-
able to the admiral.
Lord Sandwich stated to the court, in a few words, that as he had no evi-
dence to give but what was contained in private letters, he supposed there
was no further occasion for his presence. He confessed, he said, he was
pleased that the court had not called for the production of these letters, since
there were some circumstances in them not proper to be published. These
circumstances did not relate to the subject of accusation, or the conduct of
the admiral, but were reasonings on the state of the navy, information with
respect to officers, and other remarks which it might not be eligible to dis-
cover, his lordship then withdrew.
Mr. Christian, master of the Ramillies, proved : That he had been used to
cruize off Brest last war; that he did not consider Ushant as a dangerous lee-
shore in the situation of the wind and weather, on the morning of the 28th,
and that he apprehended no danger in chasing the enemy there at that season
of the year.
It appeared that two leaves had been torn out of the log-book of the Ramil-
lies, and admiral Montague inade some severe observations on this circum-
stance, as having rather an extraordinary appearance ; but the witness swore
he did not know how, when, or by whom, they were torn out, and supposed
it had been done by some of the young gentlemen on board the ship.
Admiral Keppel asked no questions of this witness, as he said, " he would
not condescend, as commander-in-chief, to put his conduct in competition with
the judgment of a master of a man of war.
Friday, January 29.
The master of the America was called in.
Q. How were the wind and weather on the morning of the 28th ?— Wind
about west, weather moderate.
Q. Would you have advised not to chase a flying enemy at that time for
fear of making Ushant a lee-shore? — I should not be afraid of Ushant as a
lee-shore until I was within three or four leagues of the land.
262 ADMIRAL KEPPEL,
Q. Under what circumstances must a ship be to make Ushant a lee-shore,
and what kind of weather must it be 1 — When a ship is between Ushant and
the Seanies, and the wind at W. N. W. or W. blowing a gale of wind, she
must be supposed to be in great danger.
Court. Then, supposing a fleet of thirty sail, and some of them disabled, to
be between Ushant and Seames, would they be in danger, supposing it
moderate weather 1 — Not if they were three or four leagues, and could carry
sail.
Sir Hugh PalUser. If one ship could be safe while carrying sail, would not
thirty able to carry sail be equally safe ? — I think one ship would be able to
get off the land in weather when a fleet could not.
Sir Hugh Fulliser. As the evidence on my part is now concluded, I beg
leave that the judge-advocate niay read an address of mine to the court, on the
evidence that has been delivered.
.fldmirul Keppel. Mr. President, the evidence on the part of the prosecution
being closed, I trust it is not presumption in me to declare that 1 do not re-
sist the desire of the prosecutor to address the court by speech from any
apprehensions of danger ; but, as I have never heard or known of any such
attempt in courts-martial, and such a precedent might be attended with bad
consequences in other cases, I trust that my case, which in many instances
is sufficiently new, will not be distinguished by any such innovations.
Sir Hugh Falliier. Mr. President, considering myself not suffered to ad-
dress the court in the conclusion of my evidence for the crown, I cannot
think of waiving it, but must take the opinion of the court.
The court, having retired a few minutes on this question, returned, and the
judge- advocate read the resolution : " It not coming within the knowledge of
any member of this court, that it has been the usage of courts-martial to re-
ceive any thing from the prosecutor on the merits of his cause, when he has
declared that Tie closed his evidence ; therefore it is resolved, that the paper
now offered to the court by the prosecutor cannot be admitted."
Saturday, January 30.
This morning, at half-past ten o'clock, the court was resumed, and admiral
Keppel delivered the following speech: —
Defence of admiral Keppel.
Sir, — After forty years spent in the service of my cotmtry, little did I think
of being brought to a court-martial to answer to charges of misconduct,
negligence in the performance of duty, and tarnishing the honour of the Bri-
tish navy. Tiiese charges, sir, have been advanced by my accuser. Whether
he has succeeded in proving them, or not, the court will determine. Before
he brought me to trial, it would have been candid in him to have given vent
to his thoughts, and not, by a deceptions show of kindness, to lead me into
the mistake of supposing a friend in the man who was my enemy in his heart,
and was shortly to be my accuser. Yet, sir, after all my misconduct ; after
so much negligence in the performance of my duty ; and after tarnishing so
deeply the honour of the British navy ; my accuser made no scruple to sail a
second time with that man who had been the betrayer of his country ! Nay,
during the time that we were on shore, he corresponded with me on terms of
friendship, and even in his letters he approved of what had been done, of the
part which he now condemns, and of the very negligent misconduct, which
has since been so offensive in his eyes I
Such behaviour, sir, on the part of my accuser, gave me little reason to ap-
prehend an accusation from him. Nor had I any reason to suppose, that the
state would criminate me. When I returned, his majesty received me with
the greatest applause. Even the first lord of the admiralty gave his flatter-
ing testimony to the rectitude of my conduct, and seemed with vast sincerity
to applaud my zeal for the service. Yet, in the moment of approbation, it
FOR NEGLECT OF DUTY. 263
seems as if a scheme was concerting against my life ; for, without any pre-
vious notice, five articles of a charge were exhibited against me by sir Hugh
Palliser, who, most unfortunately for his cause, lay himself under an impu-
tation for disobedience of orders at the very time when he accused me of
negligence. This, to be sure, was a very ingenious mode of getting the
start of me. An accusation exhibited against a commander-in-chief might
draw oil the public attention from a neglect of duty in an inferior officer. I
could almost wish, in pity to my accuser, that appearances were not so strong
against him. Before the trial commenced, I actually thought that my accu-
ser might have some tolerable reason for his conduct. But from the evidence,
even as adduced, to account for the behaviour of the honourable gentleman in
the afternoon of the 27th of July, from that evidence I say, sir, I find that I
was mistaken. The trial has left my accuser without excuse, and he now
cuts that sort of figure which, I trust in God I all accusers of innocence will
ever exhibit.
I have observed, sir, that the opinions of officers of different ranks have
been taken. I trust that the court will indulge me with the liberty, in the
evidence for my defence. Some have refused to give their opinions. I
thought it strange, as plain speaking, an.d a full declaration, are the best of
evidences in a good cause.
I would wish, sir, the court to consider, that in all great naval, as well as
military operations, unless the design be fully known, the several manoeuvres
may have a strange appearance. Masters have been called to give their
opinions on the higher departments of command. Higher authorities should
have been taken. Such authorities are not scarce, for I am -happy to say
there never was a country served by naval officers of more bravery, skill, and
gallantry, than England can boast at present. As to this court, I entreat you,
gentlemen, who compose it, to recollect, that you sit here as a court of honour,
as well as a court of justice, and I now stand before you, not merely to save
my life, but for a purpose of infinitely greater moment — to clear my fame.
My accuser, sir, has been not a little mistaken in his notions of the duty
of a commander-in-chief, or he never would have accused me in the manner
he has done. During action, subordinate officers either are, or they ought to
be, too attentive to their own duty to observe the manoeuvres of others. In
general engagements, it is scarcely possible for the same objects to appear in
the same point of view to the commanders of two different ships. The point
of sight may be different. Clouds of smoke may obstruct the view. Hence
will arise the difference in the opinions of officers, as to this or that ma-
noeuvre, without any intentional partiality. Whether I have conceived ob-
jects in exact correspondence with the truth ; whether I have viewed them
unskilfully (or, as my accuser has been pleased to term it, unofficer-like),
these are matters which remain to be determined. I can only say, that what
sir Hugh Palliser has imputed to me as negligence, was the effect of delibe-
ration and choice. I will add, that I was not confined in my powers when I
sailed ; 1 had ample discretion to act as 1 thought proper for the defence of
the kingdom. I manoeuvered ; I fought; I returned ; I did my best. If my
abilities were not equal to the task, 1 have the consolation to think, that I did
not solicit, nor did 1 bargain for the command. More than two years ago, in
the month of November, 177G, I received a letter from the first lord of the
marine department, wherein he observed, that, owing to motions of foreign
courts, it might be necessary to prepare a fleet of observation. My reply to
this letter was : That I was ready to receive any command from his majesty,
and I begged to have the honour of an audience. This request was complied
with. I was closeted, and I told the king, 1 was willing to serve him as
long as my health would permit. I heard no more till the month of March,
1778, at which time I had two or three audiences, and I told his majesty,
that I had no acquaintance with his ministers, but I trusted to his protection
and zeal for the public good. Here were no sinister views ; no paltry gratifi-
^t
264 ADMIRAL KEPPEL,
cations ; I had nothing-, I felt nothing but an earnest desire to serve my coun-
try. I even accepted the command-in-chief with reluctance. I was appre-
hensive of not being supported at home. I foresaw that, the higher the
command, the more liable was I to be ruined in my reputation. Even my
misfortunes, if I had any, might be construed into crimes. During forty
years service, I have not received any particular mark of favour from the
crown. I have only been honoured with the confidence of my sovereign, in
times of public danger. Neither my deficiencies, nor my misconduct, were ever
before brought forward to the public. And it is now somewhat strange that,
so well acquainted as my accuser must have been with my deficient abilities,
it is strange, I say, sir, that he should be the very person who brought me the
message to take the command upon me ! Nay, further, sir, he brought me
that message with great seeming pleasure ! There was or there was not rea-
son, at that time, to doubt my ability. If there was reason, how could my
accuser wish me to accept a command, for which I was disqualified 1 If
there was not any reason to doubt my professional abilities sixteen months
ago, I have given no reason why they should since be called in question.
When I returned from the expedition, I did not complain of any thing. I en-
deavoured to stop all murmurings. I even trusted the first lord of the admi-
ralty in the same manner as I would have done my most intimate friend.
This might be imprudent. It might be dangerous. But, sir, I am by nature
open and unguarded, and little did I expect that traps would be artfully laid
to endeavour to catch me on the authority of my own words.
It was in the month of March, 1778, that I was told a fleet lay ready for
me to command. When I reached Portsmouth, I saw^ six ships ready, and,
on viewing even those, with a seaman's eye, I was not by any means pleased
with their condition. Before I quitted Portsmouth, four or five more were
ready, and I will do the persons in office the justice to say, that from that
time they used their utmost diligence in getting the fleet ready for service.
On the 20th of June, I sailed with twenty ships of the line, and very for-
tunately I fell in with the Belle Poule and other French frigates, and the
letters and papers found on board them were of material service to the state.
Captain Marshall distinguished himself with the greatest honour. I confess
that when I fell in with those frigates I was at a loss how to act. On
the one hand, I conceived the incident to be favourable to my country ; and
on the other, I was fearful that a war with France and all its consequences
might be laid to my charge. For any thing I can tell this may be the ease.
It may be treasured up to furnish another matter for future accusation. To
this hour I have neither received official approbation nor censure for my
conduct. With twenty ships of the line I sailed. Thirty-two ships of
the line lay in Brest Water, besides an incredible number of frigates. Was
I to seek an engagement with a superior force 1 I never did, nor shall I ever
fear to engage a force superior to the one I then commanded or that I may
hereafter command. But I well know what men and ships can do, and if the
fleet I commanded had been destroyed, we must have left the French masters
of the sea. To refit a fleet requires time. From the situation of affairs, naval
stores are not very soon supplied. Never did I experience so deep a melan-
choly as when I found myself forced to turn my back on France ! I quitted
my station, and my courage was never put to so severe a trial.
I was permitted to sail a second time, without receiving official praise or
blame for the part I had acted. These were discouraging circumstances.
But they did not disturb my temper. My principal object was to get ready
for sea with all possible haste. I was surprised on my return to be threatened
with the fate of admiral Byng, and I was still more surprised to be charged
with cowardice.
With thirty ships of the line I sailed early in July. The French admiral
sailed from Brest with thirty-two ships. I believe that when the fleets came
in sight of each other, the French were not a little surprised to see me so
%..
FOR NEGLECT OF DUTY, 285
strong. I desire not to throw the slightest imputation on the courage of the
French admiral. I believe him to be a brave man, and one who had some
particular reasons for the line of conduct he pursued. I was determined, if
possible, to bring the French to battle, as I had every reason to think that
their having avoided an engagement, when it was for four days in their power
to attack me, was owing to their expecting seme capital reinforcements. I
therefore thought that the sooner I could engage them the better; especially
as I knew that the principal fleets of our trade were daily expected in the
channel, and, if the French fleets had been permitted to disperse without an ac-
tion, our East and West India fleets might have been intercepted, the convoys
might have been cut off, and the stake of England might have been lost. 1
beg leave to mention, that in the reign of king William, the gallant admiral
Russel was two months in sight of a French fleet, and he could not possibly
bring them to action. My being in sight of the French fleet four days be-
fore the engagement, will not therefore appear quite so extraordinary as it has
been represented. Had it not been for the favourable change of wind on the
morning of the 27th of July, I could not have brought the French to action
when I did.
I am exceedingly sorry, sir, that the admiralty have refused me the liberty
of producing my instructions. In all former courts-martial, the instructions
and orders have been sent with the charge to the members of the court. As
it has been denied in this instance, I must and do submit.
Although on tlie 27th of July I fought and beat my enemy, and compelled
him to take shelter by returning into port, yet the effort did by no means
answer my wishes. 1 rushed on to re-altack the enemy. Why I did not ac-
complish my design will be seen in the evidence I shall produce. I might,
it is true, have chased the three ships which were visible on the morning of
the 28th of July, but with very little prospect of success. I therefore chose
to return to Plymouth with my shattered fleet, to get ready for sea again, not,
however, forgetting to leave two ships of the line to cruise for the protection
of our trading fleets, which, thank God ! all arrived safe.
On my return, sir, I most cautiously avoided to utter a syllable of com-
plaint, because it might have suspended our naval operations, which at that
time would have been highly dangerous. I could not think of attending to a
court-martial, when greater objects were in view.
With respect to the second edition of the I'ormidable's log-book, it appears
to have been fabricated rather for the purpose of exculpating the prosecutor,
than to criminate ine. I shall therefore pass it over, and permit the gentle-
man to make the most of such an exculpation. I cannot, however, be so civil
to the alterations and additions in the log-book of the Robuste. Captain
Hood's conduct must have struck the court, as I believe it did every person,
except the prosecutor, with astonishment.
A great stress, sir, has been laid on my letter to the admiralty. There is
a passage in it where I seemed to approve the conduct of every officer in the
fleet. The court will observe, that I was not in my letter to inform all Eu-
rope, that a vice-admiral under my command had been guilty of neglect,
whilst there remained a possibility of excuse for his conduct. As to courts-
martial, one very bad consequence will, I am sure, result from this trial : it
will terrify a commander-in-chief from accepting a commission, if he should
be liable to be brought to trial by every subordinate officer.
As I have touched on my letters, I will just observe, sir, that the most
disagreeable task that I ever experienced, was that of writing my letter of
the 30th of July. However, if I writ ill, I am confident that I fought
well, and the desertion of the trade of France was evident from the number
of rich captures which are made : a number far exceeding any thing ever
known in so short a period ! his majesty noticed this in a speech from the
throne.
Z 34
#-
266 ADMIRAL KEPPEL,
Monday, February 1.
The first witness called by admiral Keppel v/as sir Robert Harland, vice-
admiral of the red, whose evidence went to show, that the French fleet, for
three days, successively, had it in their option to give ours battle; but con-
stantly declined it, their intention not being to engage, unless they should be
forced to it ; that their manoeuvre early on the morning of the 27th indicated
an equal disposition for declining an engagement ; until after a squall, which
had frequently obscured them from the British fleet, Ihey tacked unexpect-
edly, and began firing upon our ships. The admiral had been pursuing them
all the time that they stood in sight with as great a press of sail as he could
carry, consistently with his attention to the worst sailing ships in the fleet;
and did every thing in his power to come up with them.
He declared the admiral could not have kept so near the enemy as he did,
if he had pursued tliem in a line of battle; and had the signal for it been
made on the morning of the 28th, there would have been little probability
of an engagement that day, unless the enemy had tliought proper to come to us.
The admiral desired to know of sir Robert Harland as a flag officer, 'If a
signal for chase had been made by a commander-in-chief to ships of his divi-
sion to chase to the windward, and that commander being engaged with his
ship at a great distance, whether he would not think himself warranted to
call in those ships upon any momentary occasion which he might see of em-
ploying them for the general service? — To which sir Robert replied, ' That
he should always have been happy in assisting the admiral, or rendering ser-
vice to the fleet, whilst he had any command in it ; and under the circum-
stances described he would have thought himself warranted to do so.
With respect to the enemy's regularity, he said, that in passing their line
he perceived their van was not well connected with their centre, nor their
centre Math their rear ; he saw six ships in particular out of their station, but
they were, however, in a close well connected body.
When he saw the Formidable coming out of the cannonade he did not per-
ceive any imminent danger of her being cut off. Sir Robert had then seven
ships at most of his division with him, and, if the signal for re-attacking the
enemy had been made, the admiral certainly had not ships enough to support
him. The French did not appear to be then in any confusion, but were form-
ing in a well-regulated line, wliich it was no more in the admiral's power to
prevent, than it was in his powder to collect his ships together for that pur-
pose. Had the signal alluded to been then made, the consequence would
have been — " That he would have obeyed it ; and if the French did not take
him, and his whole division, they would have deserved to have been hanged."
During the whole of the afternoon the admiral was doing his endeavours
to get his line formed, and after the fleet wore to the southward the witness
received orders by the Proserpine frigate for his division to take the station
of the blue division in the admiral's wake, which he was going to do at the
same time at his own risk ; judging it absolutely necessary to put himself in
that situation, as he saw the commander-in-chief then unsupported, and
within the power of the whole French force astern of him; but, if the vice-
admiral of the blue had come into his station whilst he was occupying it, he
would have quitted the rear and returned to the van without orders, it being
plain that no orders could be sent him for that purpose ; but he would much
rather have had orders to do so.
It was after five o'clock when he was ordered back into his own station.
The signal for the line was flying on board the admiral during the whole af-
ternoon, except for ten minutes, when it was hauled down to make another
signal more discernible. Before the night came on the admiral had not, at
any one time, the means of re-attacking; and, if his line had been formed,
he made no doubt of his intention to engage the enemy again.
n
I
FOR NEGLECT OF DUTY. 267
Being asked if the relative situation of the two fleets when sailing in
parallel directions to the southward, and the British fleet ahead, gave any
appearance of our flying from the enemy ] — he answered — " 0 fy I No !"
During the afternoon the Victory carried but an easy sail, and the sail kept
his division in their station during the niglit. He carried his distinguishing
lights all the night in the Queen, as he always did ; and he could see the
admiral's distinguishing lights very clearly upon his bowsprit end.
The French fleet, he said, made their escape in the night ; and early in
the morning the body of them was just visible, at intervals, from his mast-
head, steering to the south-east ; but, conditioned as our fleet was, he
thought there was little probability of our coming up with them if pursuit
had been made.
The admiral then desired he would acquaint the court with any instance
of negligence in the commander-in-chief, which came under his observation ;
but Sir Robert said, that was impossible, "as he knew of none." Sir Hugh
Palliser then declaring that he had no questions to put to the vice-admiral,
he withdrew.
Mr. Moore, purser of the Victory, having been appointed by the admiral
to minute the signals, was next examined ; and his evidence was given in a
very clear and distinct manner. The substance of it was, that the French
fleet, by his observations, did not appear to be very regular in their line, on
the morning of the action, or as our fleet passed along their fire. That after
the Victory passed them she wore immediately, and stood back to the enemy.
That when some of the French fleet stood towards ours, after that time, they
pointed to our disabled ships only ; and he mentioned an expression made to
him at the time by the admiral Keppel, who said, "he believed the French
meant to affront him, by making an attack upon that part of the fleet which
remained to leeward." He declared that at five o'clock the vice-admiral of the
red was ordered out of the station of the vice-admiral of the blue, and the
orders were obeyed ; that there remained no ship astern of the Victory ex-
cept the Foudroyant ; that the general signal for the blue division was then
flying, notwithstanding which the vice-admiral of the blue, instead of obey-
ing it, kept his wind, which operated to a contrary movement, although the
witness had heard the admiral send verbal orders by captain Windsor, " that
he should bear down, for the admiral only waited for him and his division to
renew the action."
At seven o'clock the particular signal of each ship that was with the vice-
admiral, except that of his own ship, was thrown out on board the Victory,
and the signal for the line was not hauled down even when night came on.
The Forniidable's distance from the Victory was about three miles; he
saw her repeat the signal for ships to come into the admiral's wake, but when
she passed the Victory, or at the other time that afternoon, he never saw her
repeat the signal for the line.
When the three French ships appeared in the morning, signals were made
on board the Victory, for the Elizabeth, Prince George, Duke, and Bienfai-
sant, to chase, but the Elizabeth informed the admiral that she could not
carry sail ; and it was visible the Prince George could not make sail as a
ship in chase should.
Sir Hugh Palliser only asked this witness, " Wliether he undertook to
swear positively, that the Formidable did not repeat the signal for the line
of battle ] — or, that she had not the signal flying when she passed the Vic-
tory V He answered that " he could only swear he did not see it."
Mr. Rogers, admiral Keppel's secretary, was then called, who confirmed
the evidence of the former witness, and particularly observed, that it was but
five o'clock when the Fox was despatched to the Formidable with the admi-
ral's message ; and that captain Windsor approached so near to her, as to have
his sails becalmed.
He also declared, that, in penning the letter upon that affair, the admiral
268 ADMIRAL KEPPEL,
and himself had much trouble in wordintr it so as to relate facts, without
conveying any censure upon sir Hugh Palliser; a man whom the admiral con-
dered as his friend, and of whose courage he had no doubt.
On his cross-examination it appeared, that he had made no note of the time
when captain Windsor delivered the message, but he said it was so immedi-
ately that he did not think it necessary to note it; he allowed, however, that
it was usual to note when any ships were spoke to.
Wednesday, February 3d.
Sir John Lindsey proved, that early on the morning of the engagement, the
enemy showed no greater disposition to c-ngage than before ; and, if the
admiral had formed the line instead of making the signals for chase, the
enemy might have escaped; and there would not have been a shot exchanged
that day.
The signals for chase were rather calculated to make the chasing ships close
with the centre, than to scatter the fleet; and, if they had not been made, it
was probable no part of the blue division could have got into the action.
'J'he attack uj)on the enemy was very sudden and unexpected ; he had but
just time to cut his long boat from his side when the firing began ; and for the
admiral to have attempted forming a line at that critical moment would have
been attended with very fatal consequences. So that there was no alternative,
the admiral must have fought without a line of battle, or not have come to
action. It was a fight very animating; it was bold, daring, and perfectly
consistent with the character of a British seaman, to assert his superiority
over an enemy he was accustomed to beat, and the eflfect justified the mea-
sure ; it threw the enemy into such confusion to see the two admirals engaged
(which would not have happened had they been in their stations in the line
of battle) that the witness had an opportunity of firing upon three at once of
the enemy's ships that were abreast of one another.
Upon the charge against the admiral of standing from the enemy when
they offered him battle, sir John Lindsey said, after the enemy had drawn
cut their line, they pointed their whole force against the centre, but sir
Robert Ilarland threw his division between them and the admiral, which
obliged them to change their object, and point to our disabled ships. To
assist those the admiral changed his tack, and made such sail as was neces-
sary to cover them, yet sufficiently easy, in his opinion, to admit of ships out
of their stations to get into them ; but there was nothing in those manceuvres
which, in his mind, could carry an indication or appearance of flight.
With regard to the propriety of pursuing the French on the 28th, there was
very little probability of our being able to come up with them in the crippled
condition of our fleet, and that there would have been some danger in attempt-
ing a lee-shore; and concluded his evidence with a declaration, that he had
seen no instance of neglect in the admiral, because, he said, he had fulfilled
his duty in every particular. He had the honour of serving under the admi-
ral last war, and had such strong proofs of his bravery, ability, and knowledge
in the profession, as pointed him out to him as one of the greatest sea officers
his country ever produced ; and the whole of his conduct on his late com-
mand had further convinced him that his former opinion was just.
Sir Hugh Palliser cross-examined sir John Lindsey, who admitted, that if
the ships which had been ordered to chase before the engagement had not
been separated from the vice-admiral, they would have been better able to
support one another, and would have received less damage in action had they
been able to get into it ; but several of them were so far to leeward that they
could not have had the advantage of the change of wind to get into action.
He was asked if he thought the admiral intended to renew the engagement
at seven or eight o'clock in the evening, and risk a night battle, especially
with the ships that came out of action last, which were much disabled, in
preference to those ships that were not so much damaged. He answered.
FOR NEGLECT OF DUTY. • 269
when I got into my station I think he did ; I cannot speak to seven or eight
o'clock. I should suppose he would not at that time.
Thursday, Februarv 4.
Captain La Forey, of the Ocean, proved, that the French for three days
before the action studiously avoided an engagement, whilst the English
admiral did every thing in his power to bring it on ; and yet that the situation
of the enemy's fleet with respect to wind and weather, &c, was such, during
the whole time, that had it been under the command of the witness, he should
not have thought himself justified in not bearing down upon the other fleet at
any period of those three days. The Ocean, he said, engaged next to the
Formidable, and was but a little way from her when the firing ceased ; but he
saw no particular danger she was in of being cut off by the enemy. They
passed her upon a different tack ; none of them stopped to engage her ; nor
did he see any of them return towards her.
He saw no eflTorts made by the vice-admiral of the blue to obey the signal
for bearing down ; and he was of opinion that, if he had obeyed about five or
six o'clock, there would have been daylight enough for us to have renewed
the action ; and he saw no other impediment to our having done so.
If the French fleet had been disposed to attack us that afternoon, they
had it amply in their power ; and, if the admiral had given chase next morn-
ing towards Ushant, there was not the least probability of coming up with
the enemy.
He knew of no neglect in the commander-in-chief; he was convinced at
that time he had left no means untried to bring on, continue, or renew the
action ; and he had remained invariably ever since in the same sentiments.
Upon his cross examination he said, that he engaged between the Formida-
ble and the Egmont; he was twice in danger of being aboard of them, and
had much to do to keep his fire clear of them, particularly of the Egmont ; so
much indeed, that he was obliged to back some of his sails to avoid exposing
her to his fire.
He remembered that sir Hugh Palliser had backed his mizen-topsail, to
let the Ocean shoot ahead of him, going into action ; and also it remained so
in the engao-ement; but he could not say that the motive for his doing so was
to let the^ship astern of him come up. Jn fact, he attributed it to an act of
gallantry in sir Hugh Palliser, in the desire to give the French as much of his
lire as he could, in passing them.
The vice-admiral then desiring to know from captain La Forey how many
ships of the blue division remained with their flag, when seven ships, as had
been proved by the purser of the Victory, had been ordered to make chase,
on the morning of the engagement; admiral Keppel objected to the prose-
cutor's right of questioning the witness, upon a cross-examination, touching
any matters on which he had not been before examined.
The court deliberated upon this subject, and determined that the question
ought not to be put.
The witness afterwards proved, that his ship was fit to renew the action
immediately after she wore, had the signal for engaging been kept flying ;
for, except some injuries received in the rigging, &c. he had hardly been
warmed; two frigates alongside of one another so long would have done
each other more damaore than the Ocean had received in the action.
The hon. captain Walsingham of the Thunderer, was examined exactly
to the same points, and gave substantially the same evidence ; but he more
particularly and pointedly laid our not renewing the battle to the charge of
the vice-admiral. When he was asked, if the mancEuvres of our fleet, after
the action, had the appearance of a flight] he expressed his indignation
at the question, and his abhorrence at the idea; and, so far from observing
any neglect in the admiral, he declared that he had always been taught to
look up to him as an ofl[icer of the greatest courage and good conduct ; yet,
270 ADMIRAL KEPPEL,
prejudiced as he was in liis favour, the admiral's behaviour in the late action,
in which the witness had the honour of serving under him, surpassed even
his most sanguine expectation.
Friday, February 5.
Captain Walsingham, on his cross-examination, said, that the division of
the red did not quit the station belonging to that of the blue, after the action,
till five o'clock in the afternoon ; and, when his ship had come out of the
fire, he got into the stern gallery, from whence he took particular observation
of sir Hugh Palliser's ship, which then remained in action, and he felt the
greatest satisfaction at the manner in which he saw her engage ; it was such
as did infinite honour to her officers and men.
Captain M'Bride of the Bienfaisent, was called next ; and, as a further
proof that the French had no intention of fighting, if they could avoid it, he
proved he went on board the Victory on the 21th in a small open cutter, to
acquaint the admiral that he observed three of the enemy's ships which were
crippled, and three leagues behind the body of the fleet ; that there were two
more of their ships still further behind them, and that he made no doubt, but
by making sail, we should be able to cut off the two hindmost, or bring the
enemy to action, if they meant to support them ; in consequence he received
orders with captain Maitland to make sail and attack those two ships, and
not to return without a particular signal, though the signal for the line should
be made. Soon after the admiral ordered a general chase, and it was very
clear, tliat if the French meant to engage us, they would have done it then,
sooner than suffer us to separate two of their capital ships from them. The
weather could be no impediment to their engaging, as they certainly could
fio-ht their lower deck guns, if he was able to sail in an open boat.
Being asked if he had commanded the French fleet at that time, would he
have hesitated to engage the enemy under similar circumstances 1 He an-
swered, that if he had hesitated to do so, he deserved never to set his foot in
this country again. The operations of our fleet, which were charged to have
had the appearance of flight, struck him then as the well-timed manceuvres
of a judicious officer; and the only means that could be adopted at the time
to collect the fleet, which were in the greatest confusion from the damages
they had received in their sails and rigging, and to protect the disabled ships
from the attack then meditating upon them by the enemy ; and, even as we
were at that time, the French had it so much in their power to attack us with
advantage, that, had our fleet been situated and conditioned as theirs was,
and theirs as our fleet was, if we had not demolished them we ought to have
been sent on board the Justitia ballast lighter.
He attributed the admiral's not renewing the action to no other cause but
the vice-admiral's not bearing down with his division ; which, if he had
done, even so late as six o'clock in the evening, he thought there would still
have been daylight enough to have it determined before night, whether the
enemy would wish to fight or run away.
He perceived no lights or signals in the French fleet on the night of the
27th till between ten and eleven o'clock, when a rocket was thrown up in
the rear ; after which, every half hour, or oftener, a light was shown, and a
flash like that of a musket, from three ships that were left at certain distances
to represent the French fleet.
His signal, and the signal of the other three ships, were made at daylight
to chase the ships. What effect could be expected from the chase he could
not possibly say, as he was called in again before he had got steady enough
under his sail to be able to form any judgment on that point; he presumed,
however, that the admiral's motive for calling him in so suddenly was from
finding there were no ships to back him, and that, therefore, he must have
been left with the whole three ; and, as to a general chase of the whole fleet,
he saw little probability of coming up willi the body of the enemy's fleet,
FOR NEGLECT OF DUTY. "• 271
even if none of our ships had been crippled, as the enemy had got so far the
start of us, and we being within twenty-one leagues off Ushant, half of our
ships having foul bottoms, and the enemy's ships, he believed, much cleaner.
Throughout the whole of the admiral's conduct he saw no instance, he
said, of neglect; on the contrary, it appeared to him that he realized on those
days the favourable opinion which his country had formed of him.
Captain Jervis, of the Foudroyant, was examined to each of the different
objects of the charge, and expressed his approbation of the admiral's conduct
in every particular. When the admiral, at the conclusion of his examina-
tion, desired Tie would point out any instance of neglect he had been able to
perceive in the commander-in-chief, at any time, upon that occasion ; from
an obvious point of delicacy, he requested that the question should be put to
him by the court ; and then delivered his answer in these words :
" I think myself bound by the oath I have taken to answer that question.
I believe it is consonant with the practice of marine courts-martial ; I can-
not boast of a long acquaintance with admiral Keppel ; I never had the
honour to serve under him before, but am happy in this opportunity to de-
clare to the court, and to all the world, that, during the whole time the Eng-
lish fleet was in sight of the French fleet, he dis])layed the greatest naval skill
and ability ; and the boldest enterprise, on the 27th of .Tuly, which, with the
promptitude and obedience of vice-admiral sir Robert Harland, will be sub-
jects for my admiration and imitation as long as I live."
Saturday, February 6.
On the cross-examination of captain Jervis, respecting the evidence he
had given, that the French constantly avoided an action before the favourable
shift of wind for us on the 27th of July ; he admitted that they had made a
manoeuvre that morning, before the wind shifted, which necessarily gave our
fleet an opportunity of coming nearer to them.
Having mentioned in the detail of his evidence, that, after the action the
French fleet were actually facing us, when our fleet turned the other way,
sir Hugh Palliser desired to know, did captain Jarvis ever before hear or
know of a British fleet turning their stern on an enemy of equal or inferior
force, immediately after an engagement, whilst that enemy was standing to-
wards them, and offering them battle"? The witness denied the fact in all
its positions ; but sir Hugh desiring to know whether he had not said, in his
evidence, that, whilst the English fleet was standing to the southward, the
French fleet might have fetched them, and whether in that case our sterns
must not have been towards them? The captain refused to give a direct
answer, saying, that he had explained it the day before, in answer to admiral
Keppel's question, and he would give no further answer to it, unless ordered
to do so by the court ; sir Hugh Palliser said, he would not insist upon any
answer but what was consistent with captain Jervis's inclination to give.
Having before declared that the admiral's object for standing so to the
southward was to cover five ships of our fleet, which were disabled, sir Hugh
Palliser laid a stress on that, to prove that his division had been materially
injured by the unsupported manner in which they were forced to engage, and
asked, if three or four out of those five disabled ships were not of his divi-
sion] When the witness replied, that he did not know so at the time, but
he understood so since, and believed they were part of sir Hugh's division.
He allowed that the Formidable had received great damage; but not more,
he said, than his own ship had received; but acknowledged he had not lost
near so many men.
Having before stated that it would have been improper or dangerous to
have ordered sir Robert Harland's division to double upon the enemy, whilst
the admiral advanced himself with the rest of the fleet to renew the attack
immediately after passing the enemy's line, as the admiral had not been able
so soon to collect the ships, and form a line to support him ; sir Hugh desired
: . ■• ■• '.v'* %
272 ADMIRAL KEPPEL,
to know, why it should be thoiig-ht more necessary for the fleet to be in the
line of battle at that particular time, than at the time the action began, when
it was contended to be proper to engage without that regularity ? To this
captain Jervis refused to give a direct answer. The charge, he said, only
Slated that the admiral did not collect his force, and return to the action ; he
would', therefore, give no other answer than that the admiral made the most
proper signal to collect the ships for that purpose ; and sir Hugh declined
pressing the question any further.
Monday, February 8.
The admiral called the hon. Lieutenant Lumley, of the Robuste, to ascer-
tain the alteration made in that ship's log-book. The judge-advocate took
the original book, and the witness the other, and compared them ; many al-
terations were apparently made, but the most material was in the book deli-
vered in by the master of the Robuste : it says, at six o'clock bore down into
our station in the line, which we kept all night as well as a disabled ship
could do, the admiral making much sail. The book of lieutenant Lumley,
and which he swore was an exact copy of the original before the new leaf
was put in, says, at six o'clock tacked and bore down into our station in the
line, and no mention was made of carrying much sail. Another material
alteration was, the original book mentioned, that on the morning of the 27th
the admiral made a signal fox the blue squadron to chase; whereas the alte-
ration made it for six or seven ships only, upon which sir Hugh Palliser
grounds one of his articles, that he was left to go into action with only three
or four ships.
Mr. Arnold, master of the ship, was also called, to prove that the altera-
tions were made by the captain's order; and, upon his cross-examination, he
acquainted the court, that when they were made, captain Hood made this
observation — that he only wished the log-book to be correct ; and that, turn-
ing to him, and the first lieutenant, he said, he supposed they could attest
this ; when the witness answered he could — meaning, he said, only such part
of them as fell within his observation ; but not having been upon deck during
the night after the engagement, he did not venture to attest that part of it
■which related to the sail made by the admiral.
The adm.iral then addressed the court, and made a few observations on the
alterations : " Mr. Hood, in justification of his conduct in making those alte-
rations, says, that he made them in his own protection, not knowing but he
might have been brought to this bar a prisoner instead of an evidence. I
cannot see how captain Hood can reconcile the alterations he has made to
this pretext. How, sir, could the signal for chasing in the morning benefit
him, if made for several ships of the division, rather than for all the division 1
How much less that the three ships, in the morning of the 2Sth, were near
rather than far distant ? He could not possibly be affected by the escape of
three ships, nor could any guilt arise in him from their being chased or not
chased. These are points, however, contained in my accuser's charge, but,
as they do not affect me, 1 will not insist upon them. But the one which
remains behind tending directly to affect my life, and, what ought to be dearer
to every British seaman, my honour, I must beg leave to take notice of it ;
more particularly as it cannot tend, in the smallest degree, to have exculpated
him, had he, as he says, been brought to your bar. Had the Robuste fallen
astern, indeed, there might have been some advantage in asserting that the
admiral made much sail. But, instead of his being found out of his station
astern, it has come out in proof, that in the space of a short night he stretch-
ed ahead of his station several miles. It is, therefore, too evident that the
alteration was made to support the charge of my accusers. Their intimacy,
their connexion, tends to corroborate this suspicion. I feel most sensibly for
captain Hood in this case ; that the man with whom I lived in familiarity
and friendship, and of whose bravery and merit, as an officer, I am well con-
SIR HUGH PALLISER. 273
vinced, should have been seduced by any party or persuasion to have deviated
so far from that honourable line of conduct which British seamen oug^ht to
pursue, hurts me more than that aimed at me. And I hope it will be believed
after this, that 1 have not investigated the point for the sake of myself so
much as for the security of the service."
Thursday, February 11.
The proceedings of the court-martial concluded this day, by honourably
acquitting admiral Keppel ; the court unanimously deciding that the charge
exhibited against him was malicious and ill-founded; it having appeared
that the said admiral, so far from having by misconduct and neglect of duty
on the days alluded to, lost an opportunity of rendering an essential service
to the state, and thereby tarnishing the honour of the British navy, behaved
himself as became a judicious, brave, and experienced officer.
The court do, therefore, unanimously and honourably acquit the said
admiral Augustus Keppel of the several articles contained in the charge
exhibited against him ; and he is hereby fully and honourably acquitted ac-
cordingly.
The president then addressed himself to the admiral in the following
words, delivering to him his sword at the same time : —
" Mmirul Keppel, — It is no small pleasure to me to receive the commands
of the court I have the honour to preside at, that in delivering to you your
sword, I am to congratulate you on its being restored to you with so much
honour, hoping ere long you will be called forth by your sovereign to show
it once more in the defence of your country."
The concourse of people that surrounded the court was immense. As soon
as the sentence was pronounced, an acclamation of joy burst forth in repeated
peals, which was immediately communicated to the crowd without, and soon
became general through the town, and the whole nation by general illumina-
tions, &c. ,
SIR HUGH PALLISER,
VICE-ADMIRAL OF THE BLUE, AT PORTSMOUTH, 1779.
Monday, April I2th, at nine o'clock a signal was made in the Sandwich,
for the court-martial.
Vice-admiral sir Hugh Palliser soon came on board, attended by captain
Bazeley, and several other officers. The court soon after began to sit,
when Mr. Jackson, the judge-advocate, read the commission from the board
of admiralty for trying the prisoner, which sets forth : —
" That as there appeared several circumstances, in the minutes of the trial
of admiral Keppel, of a criminating nature against vice-admiral sir Hugh
Palliser, which required a very serious investigation, they direct the court-
martial to inquire into those circumstances.
(Signed) " Sandwich, Lisburne,
"J. BULLER, MULGRAVE."
The names of the witnesses summoned for the crown, as well as in behalf
of the prisoner, were called over by the judge-advocate, when sir John Lind-
sey Vv'as excused attending on account of his ill state of health. After this
admiral Keppel was called upon as the first evidence, when he addressed
himself to the court as follows : —
35
274 SIR HUGH PALLISER,
,j " Mr. President, — Before I take the oath, may I beg to be allowed to say a
^r, word or two. I stand in a very painful situation, and the evidence that is to be
JV"* given, I hope, will never go into the world, as carrying rancour or revenge
from me against the gentleman you are about to try ; — the evidence which I
shall give shall be to the best of my recollection ; — I cannot say to the ques-
tions that will be asked me, only yes, or no, as a witness ought to do ; they
are so intermixed with the business of the day, they will carry my thoughts
of that business along with it ; and under these circumstances I wish not to
be examined at all."
The court was cleared. On the admission of the evidence, the president
thus expressed himself: — "The court is of opinion that it is not in their
power to excuse admiral Keppel, but will be glad to give him as little trouble
as possible."
Admiral Keppel, I am under the direction of the court. — He was then
sworn.
The judge-advocate then proposed his questions from papers in his hands ;
and from admiral Keppel's replies the following information arose; that the
blue division consisted of ten ships when the enemy was first in sight ; that ad-
miral Campbell, as first captain, had general directions to call in and bring up,
at all times, those ships which were at improper distances ; that accordingly in
the morning of the 27th of .July, admiral Campbell ordered six or seven of
the vice-admiral of the blue's division, which were under too easy a sail, to
chase to windward ; on which the Formidable, as well as the other ships,
did all in their power to come into action, and the vice-admiral, during the en-
gagement, did his duty as a flag-oflicer.
» Tuesday, April 13.
A-;
/ At ten o'clock the court met again, and admiral Keppel's examination was
continued.
When you came out of action, having passed the rear of the French did
-♦ you make any signals 1 — After 1 passed the rear of the fleet, my first duty, as
commander, was to look where the ships were ; as soon as I could perceive
the fleet for smoke, I saw the vice-admiral of the red trying to weather me ;
his conduct warmed me, he was acting like a man ; the other ships looked
to me as if they had received damage ; but, no masts or yards being down, it
naturally occurred to me to make the signal for wearing ; that wearing was
to lay their heads to the enemy; the Victory was not in a condition to do so
immediately : but did soon after; and then I made the signal for the line of
battle ahead — the court will think that I cannot be particular as to the moment
of signals. At that lime the ships of the vice-admiral of the blue passed me,
the Formidable passing last, although their station was ahead on that tack ;
their reason, no doubt, was that their rigging was hurt. When I wore to
the enemy, I thought it would be a proud day for England ; but 1 blame no-
body. The red division wanted the least; the centre, more ; and the rear
division most time to repair, in proportion to the times they came out of
action. I therefore made signal to wear again, and all those wore in the
space of thirty or forty minutes. I beg to refer the court to those oflicers that
took minutes.
Q. Did it appear to you that the vice-admiral of the blue, in the Formida-
ble, was not in condition and ability to obey the signals'? — Undoubtedly it
did not. I saw no greater disability in the Formidable than there was in the
Victory; less, indeed, for the Victory was obliged to unbend her main top-
sail. I saw no disability whatever in the Formidable at that time.
Q. Did the Formidable bear down in obedience to those orders] — Never.
Q. Was the Formidable's situation such as to be able to see those signals
either from the Victory or Arethusa ] — Most undoubtedly ; she could not fail
seeinsf them.
FOR NEGLECT OF DUTY. 275
■ ;. ■ Wednesday, April 14.
Admiral KepptVs examination continued,
Q. Do you know of any circumstance in the conduct of sir Hugh Palliser
on the 27th or 28th of July, other than what you have already stated to the
court, which you think criminal, and which the court, in your opinion, ought
to be acquainted with ] — To speak in general terms, the conduct of sir Hugh
Palliser, I have said, in going along the French line, has had my praise.
He acted as well as any that either went before or after him. He had my
full praise ; and that praise which I gave him to the admiralty has been made
use of in the world against me. After the action I have spoken to his con-
duct, but I declare I cannot say positively what parts I have spoken to, and
what have been omitted. In general, I must say that I protest I cannot charge
my memory that sir Hugh Palliser obeyed any one signal or order that I
issued. If the prisoner in his questions should press any point wherein he
did his duty, and should by that means refresh my memory, I am sure I
should be most ready to do him every justice, and give him every praise
consistent with strict truth. After it was dark I saw nothing, and knew
nothing of the vice-admiral of the blue. Therefore, neither at that time nor
on the 28th of July, can I say any thing of his conduct from my own
knowledge.
Admiral Campbell, the next evidence, being sworn, the court proceeded :
Q. Did it appear to you that during the action he behaved becoming an
officer of his rank and station in the fleet ■? — 1 believe he did every thing he
ought to do when in action.
Being asked as to the signals made after the action, and what obedience
the Formidable shewed to them ; he affirmed that the Formidable neither re-
peated nor obeyed the signal for the line of battle during the whole day.
Q. What other means were made use of to convey orders to the vice-admi-
miral ] — The Fox was sent with directions for him and the ships of his
division instantly to bear down into his wake, as the admiral only waited for
him and the ships of his division to renew the action.
Q. At what time did it appear to you that the Fox reached the Formida-
ble ■? — I hailed the P^'ox about five o'clock or near that time, I suppose she
joined the Formidable in about half an hour.
Q. Did the Formidable obey the orders sent by the Fox ? — I have already
said, and again say, she did not the whole afternoon bear down, or make any
attempt towards obeying the signal.
Q. Did sir Hugh Palliser, by signal or otherwise, inform the admiral of
his incapacity of obeying the signals'? — No, he did not.
Q. Did you yourself see any disability in the Formidable, or did the Fox
return with any answer to the admiral "? — No, I saw no disability in the For-
midable; the admiral and I had much conversation about the cause of his not
obeying the signal. It struck me that the vice-admiral was certainly wounded ;
but I could not conceive it to be owing to the disability of the Formidable,
because if it had I should have believed he would either have informed the
admiral, or have shifted his flag on board some other ship of his division.
The Fox did not return to us any more that afternoon.
Q. Did it appear to you that the disobedience of the vice-admiral of the
blue to the signals and orders of the admiral was the cause that prevented the
engagement from being renewed '\ — Had the fleet been collected, I am per-
suaded that the engagement would have been renewed ; and I am sensible that
if the vice-admiral of the blue had led his division down in obedience to the
signals and orders, and been connected, as the other part of the fleet were, the
admiral would have renewed the action, or have attempted to do so.
Q. Did admiral Keppel express much uneasiness and disappointment to
you on the vice-admiral's not coming down, and what were his expressions ]
— He expressed much uneasiness, disappointment, and displeasure ; but the
X ■ ■ r '% .-,
276 SIR HUGH PALLISER,
conversation was much too complex for me to remember ; but I recollect he
once said, on the quarter-deck, with more warmth than is usual to him, that
he could not have believed he should have been so ill obeyed.
Hon. captain Boyle Walsingham called.
Q. Did it appear to you that the vice-admiral of the blue did all that he
could to bring- his division into action"? — I paid very little attention to the
Formidable till she came into action.
Q. Did the vice-admiral behave as became an officer of his rank in the
action "? — He did, in coming in with spirit, and keepincr up a regular fire.
Q. At what time did you first see the signal for the line, and how long did
it fly ■? — It was hoisted about two o'clock,^and I may say it was flying the
whole afternoon. It was so at night.
Q. Was the signal for the line repeated, and by whom 1 — It was repeated
by the Arethusa.
Q. Was the signal repeated by the two vice-admirals 1 — To the best of
my recollection, it was repeated by the vice-admiral of the red, but it was not
repeated by the vice-admiral of the blue.
Q. Were any more signals made on board the Victory till dark, and were
they repeated, and by whom "? — The signal for ships to windward to come into
his wake ; it was repeated by the vice-admiral of the blue.
Q. Did the vice-admiral of the blue come into his station in consequence
of these signals 1 — No.
Q. Did you see any impediment to his doing it T — I saw none.
Q. Did you see the Formidable's fore-topsail unbent? — Yes, for some
hours.
Q. Did the vice-admiral of the blue make any visible efforts to come into
his station, by making sail, or otherwise ? — None that I saw ; I cannot recol-
lect what sail he had set.
Q. From the position of the fleet between five and seven o'clock, do you
think it was the admiral's intention to renew the attack in the afternoon] —
That was my firm opinion.
Q. What do you think were the admiral's reasons for not re-attacking the
enemy 1 — Because he was not supported by the vice-admiral of the blue.
Q. Did the vice-admiral of the blue make any signals of distress in the
afternoon ? — None that I saw.
Q. Do you know of any other reprehensible circumstance in the conduct
of sir Hugh Palliser ] — I know of nothing else but his disobedience of sig-
nals.
Monday, April 19.
Hon. captain Windsor, late captain of the Fox, sworn.
Q. Did you receive any orders from admiral Keppel in the course of the
afternoon of the 27th of July, and at what time ?— Yes, 1 did, nearly about
five o'clock. ^
Q. What were they ? — To stand to the Formidable with orders from adnii-
ral Keppel to sir Hugh Palliser, to acquaint him that he only waited for him
and his division to come into his wake to renew the action.
Q. Did you commit them to writing? — No.
Q. From whom did you receive them? — From admiral Keppel.
Q. Did you go on board to receive orders, or was it by hailing? — By
hailing.
Q. At what time did you deliver them on board the Formidable ? — At half-
past five nearly.
Q. Did you receive any answer ? — I received an answer from sir Hugh
Palliser, that he understood me perfectly well.
Q. W^as the Fox to leeward or windward when you received the answer ?
— ^I'o leeward.
. '^'
FOR NEGLECT OF DUTY. 277 .. ^
Q. What was the distance of the Fox from the Formidable at that time 1 —
So close as to becalm my sails by her.
Q. Was there any noise so as to prevent their hearing the orders given 1 —
None on board the Fox. After I delivered the message the Formidable's
company cheered the Fox, which, after I had got a sufficient distance, I made
our people return. "^
Q. Was the answer given before you received the cheer 1 — It was.
Q. Was the cheering so immediately upon the delivery of the message as a
to prevent any part of it being heard 1 — Certainly not. • *" '
Q. Was any person in the stern gallery with the vice-admiral of the blue
when you delivered the message 1 — Not that I know of.
Q. Was your message distinctly heard on board the Formidable ? — Cer-
tainly, or I could not have received so distinct an answer.
Wednesday, April 28. , ♦
Sir Hugh Palliser delivered his defence in substance as follows : —
I will speak a few words with respect to the action. I went into it with
great disadvantage, and whatever was the real intention of the signal made
to chase, it operated quite contrary. The centre and van divisions went into
action, and were supported by each other, whilst I had only two ships to go
into action with me, and the nearest of them at half a mile distance ; be- ■ ».
fore I began ff"ing I backed my mizen-topsail, and both received and gave
more fire in consequence of it, and hauled my wind to close with the two
sternmost ships of the enemy, who had avoided a great part of the action. I
apprehend that I engaged far more ships than came to my share, whilst admi-
ral Keppel, even by his own log-book, fell in with only six or seven. I men- .. •
tion this only to account for the damages ray ship received more than any * ".
other. -^
I imagined the admiral would have renewed the action immediately after
passing the rear of .the enemy, and was therefore willing to take the lead,
and ordered the ship to be wore directly, and by temporary ropes and other
expedients we wore immediately, which was plainly seen by captain Mar-
shall, sir William Burnaby, and captain Robinson.
Some time after the wearing I perceived the signal for battle hauled down
on board the admiral, likewise on board sir Robert Harland's division ; I then
thought the admiral had given it over, and finding three French ships point
towards me, I saw no reason to continue in the situation I was, unsupported
and liable to be cutoff, therefore wore to meet and join the body of the fleet;
and never did I see the signal for the line until abreast of the Victory, which
will appear the less extraordinary when sir Robert Harland himself never saw
it, while on the larboard tack, neither did captain La Forey while the Victory
was on that tack.
Had the signal for ships being seen out of their station been made, in
all probability I must have seen it, as it would have been at the main-topmast
head, and which would, in my opinion, have been a proper signal.
Had I not wore again as I did, the three French ships would most undoubt-
edly have separated me ; and surely I stand exculpated in that, when admiral
Keppel says he should not have deserved the name of an officer had he led on
to battle again, without his fleet being formed, when he plainly saw that of
his enemy was ; if the Victory was in a dangerous situation while on the
larboard tack with some ships with her, how much more so must I have been,
unsupported and alone : but admiral Keppel blames me for it, and admiral
Campbell, ever willing to find fault with me, disapproves of my conduct,
and approves of that of all others; how to account for this strange partiality
I am at a loss.
The Formidable passed the Victory a little before three o'clock, and the
signal for wearing and the line was then first seen, which will be proved by
several of my witnesses ; and had not a member of this court asked, during
2A
■5-
278 SIR HUGH PALLISER,
the present trial, the question, whether a gun was fired when the signal was
made, a particular fact could never have come to light. On hearing the
question asked, I directly, on leaving the court, sent for my gunner, and, on
examining his expense-book I find the particular charge of powder, for firing
that gun set down in his book, which was the last gun fired.
The assertion that I kept close to the wind, and that the Victory went
large, is untrue; the Victory's log-book is false and erroneous, for we always
steered the same course the admiral did ; and had we even been willing to
hug the wind close, we could not, owing to the want of braces and bowlings.
The Formidable's log-book makes the Formidable to have sailed, the early part
of the afternoon, two knots four fathoms, afterwards three knots, and at last,
three knots and a half, which I believe was nearly a true account; the Vic-
tory's log-book at those periods makes her to sail only two knots. Was
there any truth in the logs, I own there would be great room for argument;
as I outsailed the Victory, it w'ould have been entirely my fault; but as the
logs are incorrect, the force of reasoning is lost.
The next stage I shall touch upon is that of the message sent to me by the
Fox frigate ; I shall confute the evidence that has been given about it from the
first to Ihe last. Admiral Keppel says he sent it at five o'clock, in which he is
supported by some of the ofllcers of his ship. Captain Windsor makes the
time earlier; but they are all false in Iheir accounts, as I will make appear
by the minutes produced by captain Marshall ; and surely, after the high
encomiums passed on that officer by adm.iral Kejtpel, he cannot disbelieve
him. Captain Marshall makes the signal for the Fox to come within hail at
thirty-two minutes past five o'clock, which is half an hour later; and if cap-
tain Marshall was three miles from the Victory, and the Fox near him, admi-
ral Keppel could not send the message before five, but after six o'clock ; and
in this, admiral Keppel speaks directly false, for the signal for the Fox was
made at thirty-two minutes past five, and not hauled down till three minutes
past six o'clock. However, the time first mentioned was most convenient
for the plan of my destruction. However, I hope, for admiral Keppel's sake,
that he confounded the Proserpine's signal for that of the Fox ; but that he
could not do without impeaching the evidence of captain Berkley, captain
W'indsor, and admiral Campbell. Captain Windsor swore that he delivered
the message about half-past five, which will appear to the court to be grossly
misrepresented ; for he says, the Formidable was three points on his weather-
quarter, and three miles distant, and before he could gain her he was obliged
to make a trip, which must take him more than an hour, notwithstanding he
says, he went after the rate of six or seven knots, which would nearly agree
with the time it was delivered, which w^as between seven and eight o'clock,
a little before sunset. The sun, in July, in the latitude of Ushant, sets be-
tween half-past seven and eight o'clock, and to strengthen this, we had re-
peated the blue flag's particular pendants before captain Windsor came. The
result is, that what was said to be delivered at half-past five o'clock, was not
delivered until half-past seven o'clock, a period of two hours' difference, and
which makes the time of delivery to be too late to renew the action.
He wrote two letters while at Plymouth, in which he approved of my con-
duct, and he must either allow that I am innocent, or he guilty of duplicity.
Thursday, April 29.
Sir William Burnaby, captain of the Mil ford frigate, was called by the
prisoner; who said, he observed the Formidable particularly the whole after-
noon, and she appeared to him to be very much disabled in her rigging and
sails. This witness was cross-examined by captains Colpoys, Duncan, and
sir Chaloner Ogle, and in answer to their several questions gave the follow-
ing testimony: —
At three-quarters past four he left admiral Keppel to join sir Robert Har-
laud. The Victory had the signal for the line flying at that time, but the
♦ ^
FOR NEGLECT OF DUTY. 27&
Formidable had not. About seven o'clock the Milford got into her station
on the weather-beam of the Formidable, being appointed to attend the blue
division. He saw the blue flag at the mizen-peak of the Victory, but it was
not repeated by the vice of the blue. He did not remember to have seen the
Fox's signal, nor that any frigate came near the Formidable. Sir William
withdrew, and
Captain Bazeley was called into court and sworn.
He deposed, that when the vice-admiral of the blue went into action, the
ship ahead of him was half a mile distant, and the ship astern, a mile. After
the Formidable wore, the oflicers and ship's company were ordered immedi-
ately to quarters, being within random shot of the enemy, who fired two or
three guns at her while she was in the act of wearing. From the circum-
stances she was in it was impossible for her, notwithstanding any signals
that were made, or messages sent, to get into her station in the line unless
the admiral had shortened sail, and it would have been very unsafe for the
Formidable to have set more sail upon the fore-mast sooner than she did.
Captain Bazeley was cross-examined by captains Duncan, Peyton, and
Robinson.
He described the situation of those ships that were near the Formidable
while she was in action. The witness concluded his testimony with an ac-
count of the time he brought his fore-topsail to the yard, and with assigning
causes why the Formidable was not sooner manageable. Among other mat-
ters he mentioned that the fore-mast was rotten, and in danger of coming over
the ship's side.
Wednesday, May 5.
The court was opened at half-past nine o'clock, when the president ac-
quainted the prisoner that they were not quite ready, but hoped they would
not detain him long, upon which the court was immediately cleared, and very
warm debates ensued until one o'clock, when the prisoner was called in, and
on the audience being admitted, the judge-advocate read as follows : —
" At a court-martial assembled on board the Sandwich, in Portsmouth har-
bour, for the trial of sir Hugh Palliser, Bart. The minutes of the late court-
martial held on admiral Keppel being laid before the court, and there appearing
several facts respecting the conduct of vice-admiral sir Hugh Palliser, on the
27th and 28th of July last, which demanded strict examination, the court
therefore having heard evidence, and seriously and maturely considered the
same, are of opinion,
" That the conduct of the vice-admiral of the blue on those days was in
many instances highly exemplary and meritorious.
" Yet at the same time, we think him reprehensible in not having acquainted
the admiral, commander-in-chief, of his distress, which he might have done,
either by the Fox, or other means, which he had in his power.
" The court therefore, not thinking him censurable in any other respect, do
acquit him, and he is hereby accordingly acquitted."
"The president then, receiving sir Hugh Palliser's sword from the marshal,
presented it to the vice-admiral, addressing him in the following words : —
" Sir Hugh Palliser, — I feel the highest satisfaction in being authorized by
this court to return your sword, which you have hitherto worn with so much
professional reputation, and which, I trust, will be soon drawn again in the
honourable defence of your country."
m
^*
280 S. METYARD, AND S. M. METYARD,
SARAH METYARD AND SARAH M. METYARD,
FOR MURDER, 1768-
The above malefactors kept a house in Bruton-street, Berkeley square, the
mother dealing- in millinery ^oods, and the daughter acting as her assistant.
In the year 1758 the mother had five apprentice girls bound to her from dif-
ferent parish work-houses, among whom were Anne Naylor and her sister.
Anne Naylor, being of a sickly constitution, was not able to do so much
work as the other apprentices about the same age ; and therefore she became
the more immediate object of the fury of the barbarous women, whose re-
peated acts of cruelty at length occasioned the unhappy girl to abscond.
Being brought back, she was confined in an upper apartment, and allowed
each day no other sustenance than a small piece of bread, and a little water.
Seizing an opportunity of escaping from her confinement, she got unper-
ceived into the street, and ran to a milk-carrier, whom she begged to protect
her, saying, if she returned she must certainly perish, through want of food
and the severe treatment she daily received. Being soon missed, she was
followed by the younger Metyard, who, seizing her by the neck, forced her
into the house, and threw her upon the bed in the room where she had been
confined. She was then seized by the old woman, who held her down while
the daughter cruelly beat her with the handle of a broom.
They afterwards put her into a back room on the second story, tying a cord
round her waist, and her hands behind her, and fastened to the door in such
a manner that it was impossible for her either to sit or lie down. She was
compelled to remain in this situation for three successive days : but they
permitted her to go to bed at the usual hours at night. Having received no
kind of nutriment for three days and two nights, her strength was so ex-
hausted, that, being unable to walk up-stairs, she crept to the garret, where
she lay on her hands and feet. While she remained tied up on the second
floor, the other apprentices were ordered to work in an adjoining apartment,
that they might be deterred from disobedience by being witnesses to the un-
happy girl's sufferings : but they were enjoined, on the penalty of being
subjected to equal severity, against affording her any kind of relief.
On the fourth day she faltered in speech, and presently afterwards expired.
The other girls seeing the whole weight of her body supported by the strings
which confined her to the door, were greatly alarmed and called out, " Miss
Sally ! Miss Sally ! Nanny does not move." The daughter now came up-
stairs, saying, if she does not move I will make her move ; and then beat
the deceased on the head with the heel of a shoe.
Perceiving no signs of life, she called to her mother, who came up-stairs,
and having ordered the strings that confined the deceased to be cut, laid the
Dody across her lap, and directed one of the apprentices where to find a bottle
with some hartshorn.
When the child had brought the drops, she and the other girls were ordered
to go down-stairs ; and the mother and daughter, being convinced that the
object of their barbarity was dead, conveyed the body into the garret. They
told the other apprentices that Nanny had been in a fit, but was perfectly re-
covered, adding, that she was locked in the garret lest she should again run
away : and in order to give an air of plausibility to their tale, at noon the
daughter carried a plate of meat up-stairs, saying it was for Nanny's dinneri
They locked the body of the deceased in a box on the fourth day after the
murder ; and having left the garret door open, and the street door on the jar,
one of the apprentices was told to call Nanny down to dinner, and to tell her
that if she would promise to behave well in future, she should be no longer
confined. Upon the return of the child, she said, Nanny was not above
-; .• . FOR MURDER. •■• 281
stairs ; and after a great parade in searchino- every part of the house, they
reflected upon her as being of an untractable disposition, and pretended that
she had run away.
The sister to the deceased, who was apprentice to the same inhuman mis-
tress, mentioned to a lodger in the house, that she was persuaded her sister
^was dead : observing, that it was not probable she had gone away, since her
shoes, shift, and other parts of her apparel still remained in the garret.
The suspicions of this girl coming to the knowledge of the inhuman
wretches, they, with a view of preventing a discovery, cruelly murdered her
and secreted the body.
The body of Anne remained in the box two months, during w^hich time the
garret door was kept locked, lest the offensive smell should lead to a disco-
very. The stench became so powerful that they judged it prudent to remove
the remains of the unhappy victim of their barbarity ; and, therefore, in the
evening of the 5th of December, they cut the body in pieces, and tied the
head and trunk up in one cloth, and the limbs in another, excepting one hand,
a finger belonging to which had been amputated before deatli, and that they
resolved to burn.
When the apprentices were gone to bed, the old woman put the hand into
the fire, saying, the fire tells no tales. She intended entirely to consume the
remains of the unfortunate girl by fire ; but, fearing the smell would give rise
to suspicion, changed that design, and taking the bundles to the gully-hole in
Chicklane, endeavoured to throw the parts of the mangled corpse over tlie
wall into the common sewer; but, being unable to effect that, she left them
among the mud and water that was collected before the grate of the sewer.
Four years elapsed before the discovery of these horrid murders, which at
length happened in the following manner. Continual disagreements pre-
vailed between the motlier and daughter; and, though the latter was now
arrived at the age of maturity, she was often beat, and otherwise treated wiili
severity. Thus provoked, she sometimes threatened to destroy herself, and
at others to give information against her mother as a murderer.
About two years after the murders, a gentleman named Rooker, took lodg-
ings in the house of Metyard, where he lived aboat three months, during
which time he had frequent opportunities of observing the severity with which
the girl was treated. He hired a house in Hill-street, and influenced by com-
passion for her sufferings, and desirous of relieving her from the tyranny of
her mother, he invited the girl to live in his family in the capacity of a ser-
vant ; which offer she cheerfully embraced, though her mother had many times
violently opposed her desire of going to service.
The girl had no sooner removed to Mr. Rooker's house than the old woman
became perfectly outrageous ; and it was almost her constant daily practice
to create disturbances in Mr. Rooker's neighbourhood, by venting the most
bitter execrations against the girl, and branding her with the most opprobious
epithets.
Mr. Rooker removed to Ealing, to reside on a small estate bequeathed by
a relation ; and having by this time seduced the girl, she accompanied him
and lived with him professedly in the character of his mistress. The old
woman's visits were not less frequent at Ealing than they had been at Mr.
Rooker's house in London ; nor was her behaviour less outrageous. At
length Mr. Rooker permitted her to be admitted to the house, imagining that
such indulgence would induce her to preserve a decency of behaviour : but
he was disappointed, for she still continued to disturb the peace of his
family.
On the ninth of June, 1762, she heather daughter in a terrible manner; and,
during the contention, many expressions were uttered by both parties that
gave great uneasiness to Mr. Rooker. The mother called Mr. Rooker, the
old perfume tea dog; and the girl retorted, by saying, remember, mother, you
are the perfumer ; you are the Chick-lane ghost, alluding to the body of
2 a2 36
282 BISHOP, WILLIAMS, AND MAY,
Anne Naylor having been kept in the box till it became intolerably offensive,
and then thrown among the mud and water in Chick-lane.
The mother having retired, Mr. Rooker urged the girl to explain what was
meant to be insinuated by the indirect accusations introduced by both parties
in the course of the dispute : and, bursting into tears, she confessed the par-
ticulars of the murders, begging that a secret so materially affecting her mo-
ther might never be divulged.
Mr. Hooker imagined that the daughter would not be rendered amenable to
the law, as she performed her share in the murders by the direction of her
mother. He therefore wrote concerning the affair to the overseers of Totten-
ham parish, whence the girls were put out apprentice : in consequence of
which the elder Metyard was taken into custody.
On the day of examination, Mr. Rooker, the younger Metyard, and two
children, apprentices in the house when the murders were committed, attend-
ed at sir John Fielding's house in Bow-street. The evidence against the
prisoner left no doubt of her guilt ; and she Avas committed to New-prison,
Clerkenwell, for re-examination, and the girls were put under the protection
of the overseers of St. George's, Hanover-square.
On the trial of these offenders, which came on at the ensuing Old Bailey
sessions, they bitterly recriminated each other, and their mutual accusations
served to confirm the evidence of their guilt. The younger Metyard pleaded
pregnancy ; on which a jury of matrons was summoned, who pronounced
that she was not with child : after which they were both sentenced to be exe-
cuted on the following Monday, and then to be conveyed to Surgeons' Hall
for dissection.
The mother being in a fit when she was put into the cart, she lay at her
length till she came to the place of execution, when she was raised up, and
means were used for her recovery, but without effect, so that she departed
this life in a state of insensibility. From the time of leaving Newgate to the
moment of her death, the daughter wept incessantly. They were executed
at Tyburn, on the 19th of July, 1768.
JOHN BISHOP, THOMAS WILLIAMS, AND JxVMES MAY,
FOR THE MURDER OF CHARLES FERRAIR.
John Bishop, Thomas Williams, and James May were indicted for the
murder of Charles Ferrair, otherwise called Carlo Ferrair, on the 4th of No-
vember. Another account charged them with the murder of a male person,
name unknown. The deceased was an Italian boy. The prisoners, at least
two of them, were resurrection-men, and were understood to have committed
the murder for the purpose of procuring a body to sell for dissection.
William Hill stated, that he was a porter at the dissecting room of King's
college. On the 5th of November last, the bell of the gate was rung at
about a quarter past twelve o'clock ; found Bishop and May at the gate ; had
known them before. When witness opened the door. May asked him if he
wanted any thing; witness said not particularly. Asked him what he had
got; he said a male subject. Witness asked of what size, and what price;
he said it was a boy of fourteen, and that he wanted twelve guineas for it.
Witness said he did not want it much, but he would see Mr. Partridge, the
demonstrator, who came down to see the body. Witness took them to a
room, where Mr. Partridge joined them. They did not then produce any
body. There was a difference at first about the price, but witness afterwards
agreed with them. May said they should have it for ten guineas. Mr.
: FOR MURDER. ' 283
Partridg-e then left witness alone with them. Witness went to Mr. Partridge
to know whether he would decide upon having it. When witness returned,
he told them that Mr. Partridge would give them nine guineas for it. May
said, he would be d — d if it should come in for less than ten; he was tipsy
at the time. May went outside the door. Bishop then said to witness,
" Never mind May, he is drunk, it shall come in for nine, in half an hour."
May was near enough to hear him. They then went away, and returned in
the afternoon, all three together, with a porter named Shields. When wit-
ness then saw them, the hamper Avas on the head of the porter. They were
received in a room, and May and Bishop took the hamper into another room,
where they opened it; the body was in a sack ; May and Bishop said, it was
a very fresh one ; May was tipsy, and turned the body carelessly from the
sack; saw that the body was fresh; but saw something else about it which
induced him to go to Mr. Partridge; he asked them what the body had died
of? May said it was no business of theirs or of witness's. It was not in
such a form as bodies usually are when taken from a coffin; the left arm was
bent, and the fingers were clenched ; witness told Mr. Partridge what he had
seen, and what he thought; Mr. Partridge returned and saw the body, with-
out seeing them ; he examined the body and went to the secretary. He re-
turned to May and Bishop, and showed them a £50 note, telling them that
he must get that changed, and he would pay them. Bishop, seeing that Mr.
Partridge had some gold in his purse, said, " (Jive me what money you have
in your purse, arid I will call for the rest on Monday." May also offered to
get change for it, but Mr. Partridge declined that and left them. He returned
in about a quarter of an hour or twenty minules. The men remained. In
the interim, a body of police had been sent for, who now apprehended them.
When witness was leaving the room, Bishop said to him privately, " Pay
me in presence of Williams only eight guineas, and give me privately the
other guinea, and I will give you half-a-crown." The body was taken to the
Police-office by Mr. Thomas ; it had not been laid out ; there was no saw-
dust on the back of the head.
Mr. Kichard Partridge, demonstrator of anatomy at the King's college, was
there on Saturday, the 5th of November. His attention was first called to
the body by Hill. Examined the external appearance of the body, and found
some marks and circumstances of susjncion. These were the swollen state
of the jaw — the bloodshot eyes — the freshness of the body — rigidity of the
limbs. There was likewise a cut over the left temple. Looked at the lips,
which were swollen. Noticed nothing else in the appearance of the body.
Witness went to the police before the £50 note was produced. On his re-
turn, witness showed May and Bishop a note, at the bottom of the stairs lead-
ing to the anatomical part of the college. Proposed that change should be
got of the £50 note with a view to detain them till the police came. Saw
the body afterwards, when in the custody of Mr. Thomas, in company with
Mr. Beaman and other gentlemen. The muscles were then rigid. The
wound on the temple was superficial, and did not injure the bone. That was
the only appearance of external injury; at least there was no other external
mark. Between the scalp and the bone there was some blood congealed.
On opening the body, the whole of the contents of the chest and abdomen
were in a healthy condition. Did not know what were the contents of the
stomach, which was filled. The s])inal part of the brain at the back of the
head, and the whole brain was also examined; the brain was perfectly
healthy, as far back as the spine; in cutting through the skin and muscles
of the neck there was discovered a great deal of coagulated blood, and upon
removing the back part of the bony canal which concludes the spine of the
back, a quantity of congealed blood was also found in that; that was oppo-
site the place where the blood had been found in the muscles of the neck ;
congealed blood was also found in the rest of the spine ; the spinal marrow
or cord appeared perfectly healthy; thought that those marks of violence
284 BISHOP, WILLIAMS, AND MAY,
were sufficient to have caused death ; violence had been exerted which had
affected the spinal cord. Believed that those appearances had been caused
by some violence on the back of the neck. Believed that a blow from a
stick would have produced similar effects. Could not say whether that
would produce instant death, but it certainly would have produced a rapid one.
Crotis-examined. — Saw nothing in the external appearance that indicated a
violent death.
Mr. G. Beaman, surgeon, of James-street, Covent-garden, first saw the
body on the 5th of November, at twelve o'clock at night. Examined it care-
fully. It appeared to have died very recently. The weather was then fa-
vourable to the preservation of bodies. In his judgment the body had not
been dead more than thirty-six hours. The face appeared swollen; the eyes
full, prominent, and bloodshot; the tongue swollen, and protruded between
the lips ; the teeth had all been extracted ; the gums bruised and bloody, and
portions of the jaws had been broken out with the teeth. There were also
appearances of blood having issued from the gums. Thought that the teeth
must have been taken out within two or three hours after death. Examined
the throat, neck, and chest very particularly ; no marks of violence externally
apparent there. Saw a cut on the forehead ; it was a wound over the left
eyebrow, about three-quarters of an inch long, through the skin to the bone.
Pressed the part, and a small quantity of blood oozed from the wound. Blood
might have issued from the wound if the latter had been caused by throwing
the body out of a sack after death. It was serum, tinged with blood. Saw
the body again at two o'clock on the Sunday afternoon. The limbs were
decidedly stiff on the Saturday night, but not so stiff on the Sunday ; should
think that it had not been laid out. It was lying on a board irregularly
placed when witness first saw it in Covent Garden church-yard, near the
station-house. Soon after eight on that evening, witness, with Mr. Partridge
and other gentlemen, further examined it. He cleansed with a sponge the
neck and chest; found no scratch or any other mark of violence there. He
then removed the scalp, with the top of the skull. They detected a patch of
blood, of the size of a crown-piece. This appearance must have been caused
by a blow given during life. The brain was next examined, and its appear-
ance was perfectly healthy; the body was then turned for the purpose of ex-
amining the spinal marrow, and on removing the skin from the back part of
the neck, a considerable quantity of coagulated blood (witness thought at
least four ounces) was found among the muscles; that blood must have been
effused while the subject was alive. On removing a portion of the spine to
examine the spinal marrow, a quantity of coagulated blood was lying in the
canal, which, by pressure in the spinal marrow, must have caused death.
There was no injury to the bone of the spine. All these appearances, and
death, would have followed the blow of an obtuse instrument of any kind.
The chest and the cavity were minutely examined. There was about an
ounce of blood in the spinal canal. The heart was empty, which is very un-
usual, and denoted sudden death; that is, death nearly instantaneous — in two
or three minutes, and not longer. The stomach contained a tolerably full
meal, which smelt slightly of rum, and digestion had been going on at the
time of death. Should think that death occurred about three hours after the
meal, from the appearances. Removed the stomach. The centre of the sto-
mach appeared perfectly healthy. Ascribed the death of the boy to a blow
on the back of the neck ; this was the result of the whole of his examination,
and was verified by precisely the same appearances as witness had seen on
animals.
Frederick Tyrell, esq., one of the surgeons of St. Thomas's Hospital, con-
firmed the opinion of Mr. Beaman; he said he had never seen any case of
serious apoplexy without marks on the brain.
By the Court. — The appearance described in the present case could only
have been produced by violence.
. ., FOR MURDER. 285
John Earl Rogers, an inspector of police, stated that, on the 5th of Novem-
ber last, he received a body from the witness Hill, and gave it into the cus-
tody of Mr. Thomas. Had also the hamper, which he delivered to Mr.
Thomas.
Joseph Sadler Thomas, superintendant of police. — On the 5th of November
received information at the station-house, which induced him to despatch a
party of police to the King's college. They brought back with them Bishop
and Shields, and afterwards May and Williams. Shields has been discharged.
When the body was in the hamper, witness asked May what he had to say,
as he was charged on suspicion of having improper possession of a subject.
He said that he had nothing at all to do with it. It was the property of
Bishop, whom he merely accompanied to get the money. Bishop said that
it was his, and that he was merely taking it from St. Thomas's hospital to
King's college. Asked Bishop, in the first instance, what he was ; he re-
plied that he was " a body-snatcher." Williams said, he knew
nothing of it, but merely went to see the King's college. Bishop and May
appeared in liquor. May was brought in by all-fours, struggling violently.
The body was placed on the table. It appeared to have died recently ; blood
was trickling from the mouth, and the teeth were gone. Went to the house
of Mr. Mills in Newington-causeway, on the following Tuesday; received
from him twelve teeth. (Witness here produced the teeth in a pasteboard
box.) Went before that to Nova Scotia Gardens. Found in the back room
of the ground-floor a trunk. Went again on the 20th, and made further exa-
minations. Found in the front parlour a hairy cap covered with dirty linen,
not apparently by design. Took possession of the cap, the hamper, and the
sack. (All these articles were produced. The hamper appeared not more
than three feet long by two broad and two deep.)
Henry Lock, waiter at the Fortune of War public-house, in Giltspur-street,
knew the prisoners. Saw the prisoners there on the Friday, with a man who
was a stranger to witness. They stayed till twelve o'clock, and then went
away. The prisoners returned about three o'clock, without the strange man.
They then stayed till about five o'clock, and went away again till about eight
o'clock on the same evening, with another man, who appeared to be a coach-
man. The latter had something to drink, and left them. They were until
nine o'clock in the tap-room ; before the coachman left, one of the prisoners
said, he had had a ride ; at nine o'clock May went to the bar, and had some-
thing in a silk handkerchief, which witness afterwards saw to be teeth ; May
found water on the outside of the handkerchief, and rubbed the handkerchief
together ; they looked like young teeth, and witness said that they were
worth a few shillings, when May said, that they were worth two pounds
to him; they all let\ together a short time afterwards: on the next even-
ing he saw Bishop, Williams, and Shields, at about eight o'clock; Bishop
asked Williams what they should do for a hamper, and asked Shields to go
and fetch one; Shields refused, and Bishop then went and got one himself.
Thomas IVigley. — Was at the public-house at about half-past seven o'clock
on the 4th of November. Bishop and May came in and sat down opposite
each other. They entered into conversation together. Bishop said to May,
"What do you think of our new one? Did he not go up to him well?
Wasn't he a game 'un?" May replied, "I don't know what you mean."
Bishop rejoined "That's all right then." They saw witness therein the
corner at that time. May sat down, and had a handkerchief rubbing in his
hand. Williams came in, and Bishop said, "There he is; I knew he would
come; I knew he was a game 'un." Bishop seemed to have been drinking.
Bishop and Williams went out first. Just after Bishop came in, he said to
May, just before May went out for the handkerchief, " You stick to me, and
I'll stick to you."
James Seagrave, the driver of a cabriolet, stated, that on the evening of
the 4th, he was on the stand in the Old Bailey ; had put his horses' nose-
286 BISHOP, WILLIAMS, AND MAY,
bag's on, and had gone to the watering-house to g-et his own tea. May and
Bishop came in at the time. May asked if he wanted a job, and said that he
wanted a cab. He led witness by the skirt of his coat to the side of the cart.
May said, that he wanted witness to fetch a stiff 'un, which witness believes
meant a dead body. Witness asked what he would stand? He replied,
" A guinea." Told him that he had not finished his tea, and the horse had
not eaten his corn. May then said, " We will take tea together." Bishop
then joined them, and they went into the house to tea. A person in the room
nudged witness's elbow, and told him that he must mind what he was at, as
they were snatchers. Went out afterwards and drove to the bottom of the
rank to get out of their way; looked round and saw IMay and Bishop going
up the rank of coaches. Left them apparently bargaining with a coachman.
Thomas Taverner, waterman to the coach-stand, saw on the above day
May and Bishop, who came to him on the stand, and asked where the cab-
man was, meaning Seagrave. May asked the question, and witness told him
that he was getting his tea. Fetched out Seagrave from the watering-house.
Both the prisoners had smock-frocks on. It was just dark in the evening.
Seagrave came out and spoke to them, but witness did not know what it was.
Seagrave, however, said, " I'll have nothing at all to do with yon," and
went in to get his tea. '
Edward Chandler. — Was, on the 4th of November last, waiter at the King
of Denmark, in the Old Bailey, which is the watering-house. Served Bishop
and May with tea at about five o'clock. Saw Seagrave there ; May and
Bishop had half a pint of gin. Saw May put some gin into Bishop's tea.
He said, "Are you going to hocus (or Burke) meV Had known May and
Bishop before.
Henry Mann, a hackney-coachman. — W^as, on the 4th, on the stand in
Bridge-street, Blackfriars. Knew May before then. Saw him that night
with a stranger to witness. May asked witness if he would take a fare to
Bethnal-green ? Witness replied that he would not, because he knew what
May was.
George Hissing, a boy of about twelve years old, deposed that his father
kept the Crab-tree public-house, in the Hackney-road. Saw on the Friday a
chariot draw up opposite his father's house, which is near the Nova Scotia
Gardens. Saw Williams standing on the fore-wheel of the chariot, talking
with the coachman. The chariot remained ten or ^fteen minutes. Saw
Williams at that time coming from Nova Scotia Gardens, in which direction
he had gone. He got into the chariot. Witness saw a man, whom he did
not know, helping Bishop, whom he did know, in carrying a heavy sack. It
was put by Bishop, Williams, and another man, into the chariot. Bishop and
the other man then got in, and the chariot drove up towards Crab-tree row,
and Shoreditch church.
Thomas Trainer corroborated the last witness.
Ann Channell was passing the Crab-tree on the above night. Saw three
men get out of the chariot. They went down Nova Scotia Gardens. One
stop]ied and spoke to the coachman, and then ran after the others. Did not
see them afterwards. The first two had smock-frocks on, and the other had
a pipe in his mouth.
Thomas Davis, porter to the dissecting-room in Guy's hospital, saw May
and Bishop at about seven o'clock on the Friday evening; May brought in a
sack, and asked him if he wanted to purchase a subject. Witness replied
that he did not, and they then asked him to let it remain till next morning.
It was, consequently, locked up there during the night. Saw them the next
morning in the hospital, at about eleven o'clock. Left the hospital and found
on his return the sack, which appeared to contain a dead body. Saw a por-
tion of a small foot protruding through a hole in the sack; it appeared like
that of a youth or a woman. It did not appear large enough for a man's foot.
Could not swear to the sack produced. It was such a one.
•V
FOR MURDER. 287
James Weeks, assistant to the last witness, deposed to having; given up
the sack to them — the sack was very like the one produced ; when they took
it away, Williams and Shields were with May and Bishop ; May and Bishop
had each requested him not to allow either of them to have it without the
other; they took it away in a hamper similar to that produced.
James Appleton, curator of Mr. Grainger's anatomical theatre, Webb-
street, Southwark, knew all the prisoners, and saw Bishop and May at the
theatre on the Friday night about half-past seven o'clock. They said that
they had a very fresh male subject, a boy about fourteen years of age- Wit-
ness declined purchasing it. They came on the next morning, about eleven,
and made the same offer, which was again declined.
Thomas Mills, dentist, of 32, Bridgehouse-place, Newington-causeway,
deposed : on the 5th of November, May called on him about nine in the morn-
ing, and offered twelve human teeth, six from the upper, and six from the
lower jaw. He asked a guinea for the set. Witness said, that one of them
was chipped, and did not belong to the same set. He replied, " Upon my
soul to God they all belonged to the same head not long since, and tlie body
was never buried." Afterwards discovered that some of the flesh and pieces
of the jaw adhered to the teeth, and it appeared that much force had been
used to wrench them out. Witness said, that they were a young set. He
replied, " The fact is, that they belonged to a boy about fourteen or fifteen
years of age."
Augustus Brnnn examined, through the medium of an interpreter. — I knew
a boy named Carlo Ferrier, and brought him from Italy two years ago ; he
was about fourteen years old, and lived with me about six weeks after he
came here. The 28th of July, 1830, was the last time I saw the boy alive.
He then lived at Mr. Elliot's, No. 2, Charles-street, Drury-lane. On the
19th of November, I saw the body of the boy in St. Paul's burial ground,
Covent-garden, and I believe it to be the body of that boy; the size and the
hair were similar, but the face was disfigured.
Cross-examined. — If I had known nothing about this occurrence, and had
seen the body, I should be of opinion he was "my own."
By Mr. Justice Littledale. — He was in his fifteenth year. I have not seen
him for fifteen months. He might have grown a little in that time, but not
much.
By Mr. Curwnod. — At first sight, if anybody had asked me who the body
was, the face was so disfigured I could not tell.
Joseph Peraguari sworn. — I get a living by playing an organ and pipes in
the street. I knew Carlo Ferrier, and used to see him every day in Charles-
street, Drury-lane. His sister lived in Scotland, and died there. He came
to London on the 22d of May, 1830, and I have known him all that time.
I last saw him alive in the Quadrant, Regent-street, at two o'clock on a Satur-
day, four weeks before 1 saw his body at the station-house. When 1 saw
him in the Quadrant, he had a little cage round his neck, with two white
mice in it. He was in the habit of wearing a cap, but 1 cannot saj' whether
it was of cloth, leather, or skin. The leather shade of the cap produced was
of foreign manufacture.
Mary Peraguari, wife of the preceding witness, stated, that on Tuesday,
November 1, she saw the deceased in Oxford-street, near Hanover-square.
He had a cage like a squirrel-cage, and two white mice in it. She did not
speak to him. He wore a cap, but she could not tell what sort of one it was.
She had seen the body of that boy at the station-house in Covent-garden.
Andrew Colla, bird-cage maker. — I knew the deceased boy, by seeing him
in the streets, and saw him lately in Oxford-street; I have seen the body at
the station-house, and believe it to be the body of the boy I have seen in the
streets. When I saw him in Oxford-street he had white mice in a cage, and
a tortoise. The cap produced was similar to that which he wore. He also
288 BISHOP, WILLIAMS, AND MAY,
wore a blue coat and gray trowsers, with a large patch on the left knee of
the latter.
(The trowsers which had been dug up in Bishop's garden were here pro-
duced.)
The witness examined them, and stated, he believed them to be the same
as those the deceased had worn, and he pointed out the patch on the knee
of them.
John King, a boy, sworn. — I live at No. 3, Crab-tree road, near Nova Scotia
Gardens. I remember one day when my mother washed, seeing a boy near
Nova Scotia Gardens. I believe it was the Thursday before Guy Fawkes'
day. I was looking out of the window, and the boy had something, but my
mother would not let me go to see what it was. I believe it was a little cage
that he had, and it was slung from his neck by a string. He was standing
still. He had a brown cap, with the leaf or shade lined with green, exactly
like this cap (the one produced). I was looking at him for a few minutes.
Martha King, sister to the last witness, aged eleven j'ears, saw the Italian
boy, as described by her brother. He was not one minute's walk from Bishop's
house, and she had never seen him since.
John Randall, a labourer. — I live near Nova Scotia Gardens. On Thursday
morning, November 3, I saw an Italian boy, about nine or ten o'clock, near
Nova Scotia Gardens. He was standing under the window of the Bird-cage
public-house, and had a box or cage, with two white mice. He had on a
blue coarse jacket, and a brown fur cap, but I did not notice his trowsers.
The cap and jacket were similar to those produced.
William Woodcock, a boy, stated that he lived with his father, at No. 2,
Nova Scotia Gardens, next door to Bishop's house; he knew Williams, and
had seen him there ten times, and had also seen W illiams's wife washing in
Bishop's house ; saw Williams there two or three days before Guy Fawkes'
day, walking in the garden, smoking a pipe.
'Mraham Kei/mer, landlord of the Feathers, Castle-street, Bethnal-green. —
On the night of Thursday, the 3d of November, Bishop, and I believe W'il-
liams also, came to my house. It was near twelve o'clock. My house is
about 200 yards from Nova Scotia Gardens. They had a quartern of rum and
half a gallon of beer, and I lent thein a"can to carry it. The can produced
was that which he lent them.
William Woodcock. — I went to reside at No. 2, Nova Scotia Gardens, on
the 17th of October, next door to Bishop. Williams, I have reason to believe,
also lived with Bishop. I lived in No. 2, until after the prisoners were ap-
prehended. I know Williams, but did not know Bishop until I saw him at
Bow-street. On Thursday, the 3d of November, I went to bed about half-
past nine o'clock. In the course of the night, probably about four hours and
a half after I had gone to bed, I was awakened by hearing footsteps which I
thought were at the back of my premises, but I distinctly heard three men's
footsteps in the parlour of No. 3 (Bishop's house). I remained in bed and
heard a scuffle, which lasted for one or two minutes, at the furthest, and then
all was silent. The scuffling was in the same room in which 1 heard tlie
footsteps. Afterwards I heard Bishop's side-door open, and also heard the
footsteps of two men. There is a side-door to Bishop's house. The persons
after leaving Bishop's house, I heard come round to the front, and pass by
my house. After they were gone, I heard the footstep of one person in the
house. When those two persons returned to the house, I distinctly heard the
voices of three persons, one of which I knew to be that of Williams. After
that, all became still again, and I went to rest.
Cross-examined. — I believe the wall between the two houses is but four
inches thick. The struggle that I heard I considered at the time to be a
family quarrel.
By Mr. Justice Littledale. — Not more than a minute and a half elapsed from
the time of the two men leaving until their return.
FOR MURDER. 289
Joseph Higg!ns, a new police constable. — On the 9th of November, in con-
sequence ofsome instructions, 1 went to No. 3, Nova Scotia Gardens; and
on searching it I found two crooked chisels, a brad-awl, and a file. There
appeared to°be blood on the brad-awl, which at that time looked fresh. I
searched May's premises, No. 4, Dorset-street, New Kent-road, on the llth,
and found a pair of breeches, which had, on the back part, marks of blood,
which appeared to be fresh. There was also a waistcoat with marks of clay-
on it. On the 19th I went again to Bishop's house with James Wadey.
3Ir. Mills, the dentist, was recalled, and examined by chief-justice Tin-
dal. — The teeth had been forced out: I should think the brad-awl now pro-
duced would afford great facility in forcing out the teeth.
The evidence of Higgins was then continued. — When we went to Bishop's
house, on the 19th, we searched the garden behind the house; we first at-
tempted it with an iron rod, but finding something impeding it, I desired
Wadey to dig, and a jacket, trowsers, and a small shirt, were found; that
was about five yards from the back door. In another part we dug up a blue
coat, a pair of trowsers with the braces attached to them, a striped waistcoat,
which appeared to be a man's, and taken in for a boy, with marks of blood
on the collar and shoulder, and a shirt that was torn up the front. (The wit-
ness here produced all those things.) The clothes are those which would
be useful to boys like the deceased. There were ashes over the place where
the clothes had been buried.
Edward Ward, a little boy, six and a half years old, was next examined —
My father lives in Nova Scotia Gardens. I remember last Guy Fawkes'
day, at which time I was in the habit of going to school. I remember my
mother giving me a half holidajr. I went to Bishop's house. Bishop has
three children, two of them boys. On that day I saw the children in the
house, and they showed me a cage with two little white mice; the cage
turned round. I had often played with Bisliop's children before, but never
saw them with a cage of white mice before that.
John Ward, an elder brother of the preceding witness stated, that what his
brother had just related took place on Friday, the 4th of November. His
brother on that day told him what he had seen.
Mr. Corder, vestry clerk of St. Paul's, Covent-garden, examined. — A co-
roner's inquest was held on the deceased on the 8th of November, and closed
on Thursday, the 10th. In the course of the examination Bishop was intro-
duced, and after a suitable caution, made a statement which the coroner put
down in writing. I also told Bishop, before he said any thing, that the
inquiry might affect his life. After that he made a voluntary declaration.
(The witness here read it: in it Bishop stated that he got the body from a
grave, and assigned as a reason for not telling where the grave was, that two
watchmen who knew of it, had large families.) May also made a declara-
tion : he stated that he had been into the country whence he had brought two
subjects which he took to Mr. Grainger's, and thence to Guy's Hospital ; that
he met with Bishop, who told him he had got a good subject which he was
oflfered eight guineas for, and if he, May, could sell it, he should have all
above nine guineas for himself. This he agreed to, and his account of the
subsequent transactions was similar to that given in the early part of the
evidence.
Mr. William Burnaby, clerk of Bow-street police-office, sworn. — When the
brad-awl was produced at Bow-street, IMay said, " That is the instrument
with which I punched the teeth out."
John Kirkham, police constable, stated, that when the inquest was sitting,
he had charge of the prisoners in the station-house. Behind where they sat,
there was a printed bill posted, referring to the matter. Bishop looked at the
bill, and then leaned over Williams to speak to May; he said to May, "It
was the blood that sold us." Bishop then got up, and looked a second time
, 2 B 37
290 BISHOP, WILLIAMS, AND MAY,
lit the bill, and referring- to the words " nnarks of violence," he said these
marks were only breakings out in the skin.
Mr. Thomtts, the superinteiidant, was recalled by Mr. Bodkin. — When I
first saw the body, there were patches of dirt on several parts. There were
also marks on the left arm, as though they were the impression of fingers,
and it appeared to me as if the chest had been pressed in. There was a
stream of blood from tlie forehead down the face to the breast.
Mr. Adolphus stated that this was the case for the prosecution.
The prisoners were then severally called upon for their defence.
Bishop stated, that he was 33 years old, and had a wife and three children.
He was formerly a carrier at Highgate, but for the last twelve years he had
obtained a living by supplying the various hospitals and anatomical schools
with dead bodies, but he declared that he never was in any manner concerned
in improperly obtaining subjects. He had been in the habit of getting bodies
from workhouses, and sometimes with the clothes remaining on them. All
the gardens about Nova Scotia Gardens were easy of access, and were only
divided by a low dwarf railing. As to the wearing apparel found in the gar-
den, he knew nothing; but, regarding the cap, he said he should prove that
his wife purchased it of Mrs. Doddswell, who kept a sale-shop in Hoxton
Old Town. As respected the prisoners Williams and May, they knew nothing
of the manner in which he got the body, and he declared that he only got it
in the way by which subjects were usually obtained.
Williams, in his defence, stated, that he knew nothing of the means by
which the body was procured by Bishop, who invited him to go to King's
college. He, Williams, was not in the habit of dealing in subjects, but got
his living by working as a glass-blower.
May, in his defence, said, he was thirty years old, and was married, and
formerly was a butcher, but for the last six years he had followed the trade
of dealing in subjects and supplying them to hospitals. On the day when he
met Bishop at the Fortune of War public-house, it was merely by accident,
when Bishop asked him where he could sell a good subject, stating that he
had been offered eight guineas for it. He (May) told him, as was the fact,
that he had sold two to Mr. Davis, at ten guineas each, the day before, and he
would try if Mr. Davis would buy that one. Bishop told him he should have
all above nine guineas for himself, and then he agreed to endeavour to sell it.
He assured the jury that he never asked, and of course he never knew, how
Bishop got possession of the body.
Rosina Carpenter stated, that she lived in Nag's-Head court. Golden-lane.
On Thursday, November 3, between four and five o'clock, in the afternoon.
May came to her house, and remained with her until nearly twelve o'clock
tlie next day, not once going out during that time.
Cross-examined. — May had several times passed his nights with her; she
did not know whether he was married or not.
Sarah Triesly, who was examined for the prosecution, was called by Mr.
Barry. She had never seen any while mice in Bishop's house.
Mary Doddswell, wife of George Doddswell, of 56, Hoxton Old Town,
sworn. — I keep a clothes and sale-shop for the sale of second-hand goods.
My husband is a journeyman pastry-cook. I know Bishop's wife, and sold
lier a cap two years ago; I should know it again now; it was a cloth cap
with a black front (the cap produced for the prosecution was a fur cap).
Bishop. — My wife purchased two caps of her.
Mrs. Doddswell. — I never sold but one cap to Mrs. Bishop. 1 know nothing
of Bishop or his family, but that his daughter lived servant with me twelve
months ago.
Mary Anne Hall, of No. 4, Dorset street, New Kent Road, where May
lived, stated, that on the 30th of October May went into the country, and she
saw no more of him until the following Wednesday night, and then he went
FOR MURDER. 291
to bed. The next morning he went out, and did not return until the Friday
night at half-past eleven o'clock.
Mr. Thomas stood up, and addressing the court, said, he wished to repeat
something he had said at Bow-street. The blood on the breeches found at
May's residence was not perfectly dry when they were found.
Chief-justice Tindal having summed up, the jury found the three prisoners
guilty of murder. In court, the verdict was received with silence, but in a
moment it was conveyed to the immense multitude assembled outside, who
evinced their satisfaction at the result by loud and continued cheering and
clapping of hands. To such an extent was this expression of the popular
feeling carried, that the windows of the court were obliged to be closed, in
order that the voice of the recorder might be heard in passing sentence of
death, which was ordered to be carried into execution on Monday the 5th.
Between their trial and execution, Bishop and Williams, or Head, made,
in presence of the under-sheriff, the following
CONFESSIONS.
Newgate, Dec. 4, 1831.
I, John Bishop, do hereby declare and confess, that the boy supposed to be
the Italian boy was a Lincolnshire boy. I and Williams took him to my
house about half-past ten o'clock on Thursday night, the 3d of November,
from the Bell, in Smithfield. He walked home with us. Williams promised
to give him some work. Williams went with him from the Bell to the Old
Bailey watering-house, whilst I went to the Fortune of War. Williams came
from the Old Bailey watering-house to the Fortune of War for me, leaving the
boy standing at the corner of the court by the watering-house in the Old
Bailey. I went directly with Williams to the boy, and we walked then all
three to Nova Scotia Gardens, taking a pint of stout at a public-house near
Holloway-lane, Shoreditch, on our way, of which we gave the boy a part ;
we only stayed just to drink it, and walked on to my house, where we arrived
at about eleven o'clock. My wife and children and Mrs. Williams were not
crone to bed, so we put him in the privy, and told him to wait there for us.
Williams went in and told them to go to bed, and I stayed in the garden.
Williams came out directly, and we both walked out of the garden a little
way, to give time for the family getting to bed; we returned in about ten
minutes or a quarter of an hour, and listened outside at the window to ascer-
tain whether the family were gone to bed. All was quiet, and we then went
to the boy in the privy, and took him into the house ; we lighted a candle,
and gave the boy some bread and cheese, and, after he had eaten, we gave
him a cup full of rum, with about half a small phial of laudanum in it. (I
had bought the rum the same evening at the Three Tuns, in Smithfield, and
the laudanum also in small quantities at different shops.) There was no
water or other liquid put in the cup with the rum and laudanum. The boy
drank the contents of the cup directly in two draughts, and afterwards a little
beer. In about ten minutes he fell asleep on the chair on which he sat, and
I removed him from the chair to the floor, and laid him on his side. We then
went out and left him there. We had a quartern of gin and a pint of beer at
the Feathers, near Shoreditch Church, and then went home again, having
been away from the boy about twenty minutes. We found him asleep as
we had left him. We took him directly, asleep and insensible, into the gar-
den, and tied a cord to his feet to enable us to pull him up by, and I then
took him in my arms, and let him slide from them headlong into the well in
the garden, whilst Williams held the cord to prevent the body going alto-
gether too low in the well. He was nearly wholly in the water of the well,
his feet just above the surface. Williams fastened the other end of the cord
round the paling, to prevent the body getting beyond our reach. The boy
struggled a little with his arms and legs in the water; the water bubbled for
a minute. We waited till these symptoms were past, and then went in, and
292 BISHOP, WILLIAMS, AND MAY,
afterwards I think we went out, and walked down Shoreditch to occupy the
time, and in about three-quarters of an hour we returned, and took him out
of the well, by pulling him by the cord attached to his feet ; we undressed
him in the paved yard, rolled his clothes up, and buried them where they
were found by the witness who produced them. We carried the boy into the
wash-house, laid him on the floor, and covered him over with a bag. We
left him there, and went and had some coffee in Old Street Road, and then
(a little before two in the morning of Friday) went back to my house. We
immediately doubled the body up, and put it into a box, which we corded so
that nobody might open it to see what was in it ; and then went again and
had some more coffee at the same place in Old Street Road, where we staid
a little while, and then went home to bed — both in the same house, and to
our own beds as usual ; we slept till about ten o'clock on Friday morning,
when we got up, took breakfast together with the family, and then went both
of us to Smithtield, to the Fortune of War — we had something to eat and
drink there, and after we had been there about half an hour May came in. 1
knew May — but had not seen him for about a fortnight before ; he had some
rum with me at the bar. Williams remaining in the tap-room ; May and 1
went to the door; I had a smock-frock on, and May asked me where I had
bought it; I told him " in Field Lane;" he said he wanted to buy one, and
asked me to go with him ; I went with him to Field Lane, where he bought
a frock at the corner shop ; we then went into a clothes shop in West-street
to buy a pair of breeches, but May could not agree about the price; May was
rather in liquor, and sent out for some rum, which we and the woman in the
shop drank together; May said he would treat her because he had given her
a good deal of trouble for nothing. We then returned to the Fortune of War,
and joined Williams, and had something more to drink; we waited there a
short time, and then Williams and I went to the west end of the town, leav-
ing May at the Fortune of War. Williams and I went to Mr. Tuson's, in
Windmill-street, where I saw Mr. Tuson, and offered to sell him a subject —
meaning the boy w^e had left at home. He said he had waited so long for a
subject which I had before undertaken to procure, that he had been obliged
to buy one the day before. We went from there to Mr. Carpue's, in Dean-
street, and offered it to him in the lecture room with other gentlemen; they
asked me if it was fresh, I told them yes; they told me to wait. I asked
them ten guineas, and, after waiting a little, a gentleman there said they
would give eight guineas, which I agreed to take, and engaged to carry it
there the next morning at ten o'clock. I and Williams then returned to the
Fortune of War; we found May in the tap-room, this was about a quarter
before four o'clock in the afternoon , we had something to drink again, and
I called May out to the outside of the house, and asked what was the best
price given for "things" — he said he had sold two the day before for ten
guineas each, I think. I told him I had a subject; he asked me what sort of
one; I said, a boy about fourteen years old, and that I had been offered eight
guineas for it; he said if it was his, he would not take it, he could sell it
where he sold his for more. I told him that all he could get above nine
guineas he might have for himself; we agreed to go presently and get a
coach. I and May then went to the bar, had something more to drink, and
then, leaving Williams at the Fortune of War, we went and tried to hire a
cab in the Old Bailey. The cabman was at tea at the watering-house, and
we went in and spoke to him about a fare, and had also tea there ourselves.
Whilst we were at tea, the cab-driver went away, and we found him gone
from the stand when we came out. We then went to Bridge-street, Black-
friars, and asked a coachman if he would take such a fare as we wanted ; he
refused, and we then went to Farringdou-street, where we engaged a yellow
chariot. I and May got in, drove to the Fortune of War (Williams joining
us by the George, in the Old Bailey, on our way). At the Fortune of War,
we drank something again, and then (about six o'clock) we all three went in
. FOR MURDER. . 293
the chariot to Nova Scotia Gardens, we went in the wash-house, where I
uncorded the trunk, and showed May the body. He asked, " how are the
teeth ]" I said I had not looked at them. Williams went and fetched a brad-
awl from the house, and May took it and forced the teeth out ; it is the con-
stant practice to take the teeth out first, because, if the body be lost, the
teeth are saved; after the teeth were taken out, we put the body in a bag-,
and took it to the chariot; May and I carried the body, and Williams got
first into the coach, and then assisted in pulling the body in ; we all then
drove off to Guy's hospital, where we saw Mr. Davis, and offered to sell the
body to him ; he refused, ^saying, that he had bought two the day before of
May ; I asked him to let us leave it there till the next morning; he consented,
and we put it in a little room, the door of which Mr. Davis locked. Williams
was, during this, left with the chariot. I told Mr. Davis not to let the sub-
ject go to anybody unless I was there, for it belonged to me ; and May also
told him not to let it go unless he was present, or else he should be money
out of pocket. I understood this to mean the money paid by May for our
teas at the Old Bailey (about 4.s.) and the coach fare, which we had agreed
with the coachman should be 10s. May had no other interest or right to the
money to be obtained for the body, except for such payment; and for what he
could get above nine guineas, as I had promised hirn. May paid the coach-
man lb.?, on our leaving the hospital, but, before we discharged the coach,
May and I ran to Mr. Appleton, at Mr. Grainger's school, leaving Williams
with the coach. We offered the subject to INIr. Appleton, but he declined to
buy it, and May and I then joined Williams, discharged the coach, and went
to a public-house close by and had something to drink. After this we got
into a coach in the borough, and drove again to the Fortune of War, where
we had something more to drink : this was about eight o'clock in the evening.
We all three staid there about one hour, and then went out, got a coach in
Smithfield, and went towards Old-street-road — stopped in Golden-lane with
the coach, and drank something, and then on to Old-street. At the corner
of Old-street (the Star corner) May got out of the coach, and said he was
going home; and I and Williams drove to the corner of Union-street, Kings-
land-road, where we got out and paid the coach-fare out of money lent us by
May (he having advanced to each of us 3s.) We then walked home and
went to bed that night as usual. We had agreed with May, on his leaving
us, to meet him at Guy's hospital at nine o'clock the next morning (Satur-
day). I and Williams went at eight o'clock on Saturday morning to the
Fortune of War, where we met Shields, the porter, and engaged him to go
with us over the water to carry a subject. I asked him to go to St. Bartho-
lomew's hospital for a hamper which I had seen there ; he refused, and I
fetched it myself. We had a pint of beer there, and I, and Williams, and
Shields, went to Guy's hospital. Shields carrying the hamper. We met May
there. Williams and Shields went to a public-house, whilst I and May went
to Mr. Appleton, and offered him the subject again. He again refused to buy
it, stating that he did not want it. May and I then joined Shields and Wil-
liams, and had some drink, and then left them, crossed the water in a boat to
the King's college, where we inquired of Mr. Hill, the porter, if he wanted
a subject ; he said he was not particularly in want, but would speak to Mr.
Partridge, the demonstrator. Mr. Partridge came, and asked what the sub-
ject was. May said, •■' a male subject." Mr. Partridge asked the pric^.
May said, " twelve guineas." Mr. Partridge said he could not give so much,
and went awa)^ Mr. Hill asked us to stay a few minutes, whilst he went
after Mr. Partridge, to speak to him again. Hill returned, and said Mr.
Partridge would give nine guineas. May said, he would be damned if it
should go under ten guineas. He was in liquor, and on his moving a little
way off, 1 took the opportunity of saying to Hill, that it should come in at
nine guineas. I told May directly after, that I had sold it for nine guineas,
and that I would out of it pay hira what I had of him, and give him some-
2 B 3
ir
294 BISHOP, WILLIAMS, AND MAY,
thing besides. We then got into a cabriolet, and went back to Williams and
{Shields at the public-house, where all four had some beefsteaks and beer;
and afterwards went to Guy's hospital, packed the body in the hamper, and
put it on to Shields's head, telling him to take it to tlie King's college,
where we went, Williams and Shields walking, and I and May riding part
of the way in a cab. On reaching the King's college we carried the body
into the theatre, and then into a little room, where we took the body out. Mr.
Hill looked at it, and asked what it died of. May answered that he did not
know, and it did not concern him. Mr. Hill asked how a cut, which was on
the forehead, came. I told him that it was done by IMay throwing it out of the
sack on the stones, which was the truth. Hill told us to remain in the other
room, and he would bring in the money. We went into the other room and
waited for some time, when Mr. Partridge came to us, and showed me a
fifty-pound note, and said, he must go and get it changed, for he had not suf-
ficient money without, and he pulled out his purse and counted three or four
sovereigns. I said he might let us have that, and he could give us the re-
mainder on Monday. He said no, he would rather pay it altogether, and went
away. We waited some time, when the police-officers came, and took us
into custody. John Bishop.
Witness, R. Ellis. " " '
I declare that this statement is all true, and that it contains all the facts as
far as I can recollect. May knew nothing of the murder, and I do not believe
he suspected that I had got the body except in the usual way, and after the
death of it. I always told him that I got it from the ground, and he never
knew to the contrary until I confessed to Mr. Williams since the trial. I
have known May as a body-snatcher four or five years, but I do not believe
he ever obtained a body except in the common course of men in that calling,
by stealing from the graves. I also confess that I and Williams were con-
cerned in the murder of a female whom I believe to have been since disco-
vered to be Fanny Pigburn, on or about the 9th of October last. I and Wil-
liams saw her sitting about eleven or twelve o'clock at night on the step of a
door in JShoreditch near the church. She had a child four or five years old
with her on her lap. I asked why she was sitting there. She said she had
no home to go to, for her landlord had turned her out into the street. I told
her that she might go home with us, and sit by the fire all night; she said
she would go with us, and she walked with us to my house, in Nova Scotia
Gardens, carrying her child with her. When we got there we found the
family abed, and we took the woman in and lighted a fire, by which we all
sat down together. I went out for beer, and we all took of beer and rum (I
had brought the rum from Smithfield in my pocket) ; the woman and her
child laid down on some dirty linen on the floor, and I and Williams went to
bed. About six o'clock next morning I and Williams told her to go away,
and to meet us at the London Apprentice in Old-street road, at one o'clock.
This was before our families were up. She met us again at one o'clock at
the London Apprentice without her child. We gave her some halfpence and
beer, and desired her to meet us again at ten o'clock at night at the same
place. After this we bought rum and laudanum at different places, and at
ten o'clock we met the woman again at the London Apprentice, she had no
child with her. We drank three pints of beer between us there, and stayed
there about an hour. We would have stayed there longer, but an old man
came in whom the woman said she knew, and she said she did not like him
to see her there with anybody; we therefore all went out; it rained hard, and
we took shelter under a door-way in the Hackne3'-road for about half an hour.
We then walked to Nova Scotia Gardens, and Williams and I led her into
No. 2, an empty house adjoining my house. We had no light. Williams
stepped out into the garden with the rum and laudanum, which 1 had handed
to him; he there mixed them together in a half-pint bottle, and came into the
"V . •:
FOR MURDER. . .- 295
house to me and the woman, and gave her the bottle to drink; she drank the
whole at two or three draughts; there was a quartern of rum, and about half
a phial of laudanum ; she sat down on the step between two rooms in the
house, and went off to sleep in about ten minutes. She was falling back; I
caught her to save her fall, and she laid back on the tloor. Then Williams
and I went to a public-house, got something to drink, and in about half an
hour came back to the woman ; we took her cloak off, tied a cord to her feet,
carried her to a well in the garden and thrust her into it headlong; she strug-
gled very little afterwards, and the water bubbled a little at the top. We
fastened the cord to the palings to prevent her going down beyond our reach,
and left her and took a walk to Shoreditch and back, in about half an hour;
we left the woman in the well fur this length of time, that the rum and lau-
danum might run out of the body at the mouth. On our return, we took her
out of the well, cut her clothes off, put them down the privy of the empty
house, carried the body into the wash-house of my own house, where we
doubled it up and put it into a hair bnx, which we corded and left it there.
We did not go to bed, but went to Siiields's house in Eagle-street, Red Lion
square, and called him up ; this was between four and five o'clock in the
morning. We went with Shields to a public-house near the Sessions-house,
Clerkenwell, and had some gin, and from thence to my house, where we
went in and stayed a little while, to wait the change of the police. I told
Shields he was to carry that trunk to St. Thomas's hospital. He asked if
there was a woman in the house who could walk alongside of him, so that
people might not take any notice. Williams called his wife up, and asked
her to walk with Shields, and to carry the hat box which he gave her to
carry. There was nothing in it, but it was tied up as if there were. We then
put the box with the body on Shields's head, and went to the hospital, Shields
and Mrs. W^illiams walking on one side of the street, and I and Williams on
the other. At St. Thomas's hospital I saw Mr. South's footman, and sent
him up-stairs to Mr. South to ask if he wanted a subject. The footman
brought me word that his master wanted one, but could not give an answer
till the next day, as he had not time to look at it. During this interview.
Shields, Williams, and his wife were waiting at a public-house. I then went
alone to Mr. Appleton, at Mr. Grainger's, and agreed to sell it to him for
eight guineas, and afterwards I fetched it from St. Thomas's hospital, and
took it to Mr. Appleton, who paid me ,£5 then and the rest on the following
Monday. After receiving the £5 I went to Shields and Williams and his
wife, at the public-house, where I paid Shields 10s\ for his trouble, and we
then all went to the Flower Pot in Bishopsgate, where we had something to
drink, and then went home. I never saw the woman's child after the first
time before mentioned. She said she had left the child with a person she
had taken some of her things to, before her landlord took her goods. The
woman murdered did not tell us her name; she said her age was 35, 1 think,
and that her husband, before he died, was a cabinet-maker. She was thin,
rather tall, and very much marked with the small-pox. I also confess the
murder of a boy who told us his name was Cunningham. It was a fortnight
after the murder of the woman. I and Williams found him sleeping about
eleven or twelve o'clock at night, on Friday the 01st of October, as I think,
under the pig-boards in the pig-market in Smithfield. Williams woke him,
and asked him to come along with him (Williams), and the boy walked with
Williams and me to my house in Nova Scotia Gardens. We took him into
my house, and gave him some warm beer, sweetened with sugar, with rum
and laudanum in it. He drank two or three cups full, and then fell asleep in
a little chair belonging to one of my children. We laid him on the floor, and
went out for a little while, and got something to drink, and then returned,
carried the boy to the well, and threw him into it, in the same way as we
served the other boy and the woman. He died instantly in the well, and we
left him there a little while, to give time for the mixtures we had given him
*..
•••
'^
296 BISHOP, WILLIAMS, AND MAY,
to run out of the body. We then took the body from the well, took off the
clothes in the garden, and buried them there. The body we carried into the
wash-house, and put it into the same box, and left it there till the next even-
ing, when we got a porter to carry it to St. Bartholomew's hospital, where I
sold it to Mr. Smith for eight guineas. This boy was about ten or eleven
years old, said his mother lived in Kent-street, and that he had not been home
for a tvi'elve-month and better. I solemnly declare that these are all the mur-
ders in which I have been concerned, or that I know any thing of; that 1 and
Williams were alone concerned in these, and that no other person whatever
knew any thing about either of them, and that I do not know whether there
are others wlio practise the same mode of obtaining bodies for sale. I know
nothing of any Italian boy, and was never concerned in or knew of the mur
der of such a boy. There have been no white mice about my house for the
last six months. My son about eight months ago bought two mice, and I
made him a cage for them ; it was flat with wires at the top. They lived
about two months, and were killed, I think, by a cat in the garden, where
they got out of the cage. They were frequently seen running in the garden,
and used to hide in a hole under the privy, I and my wife and children saw
one of them killed by a cat in the garden whilst we were at tea. Until the
transactions before set forth, I never was concerned in obtaining a subject by
destruction of the living. I have followed the course of obtaining a livelihood
as a body-snatcher for twelve years, and have obtained and sold, I think, from
500 to 1000 bodies; but I declare, before God, that they were all obtained
after death, and that, with the above exceptions, I am ignorant of an}^ murder
for that or any other purpose.* John Bishop.
Witness, Robert Ellis, under-sheriff.
I, Thomas Head, alias W'illiams, now under sentence of death in Newgate,
do solemnly confess and declare the foregoing statement and confession of
John Bishop, which has been made in my presence, and since read over to
me distinctly, is altogether true, so far as the same relates to me. I declare
that I was never concerned in or privy to any other transaction of the like na-
ture; that I never knew any thing of the murder of any other person what-
ever; that I was never a body-snatcher or concerned in the sale of any other
body than the three murdered by Bishop and myself; that May was a stranger
to me, and I had never seen him more than once or twice before Friday, the
4th of November last; and that May was wholly innocent and ignorant of any
of those murders in which I was concerned, and for one of which I am about
to suffer death. Thomas Head.
Witness, R. Ellis. - '
Newgate, Dec. 4, 1831.
The above confessions taken literally, from the prisoners, in our presence.
T. Wood, R. Ellis, under-sheriffs.
These confessions strengthened some doubts which were entertained whe-
ther the evidence connected May sufficiently directly with the murder, and
his life was spared. The communication to him of the intelligence that he
had been respited, almost killed him. He fell to the earth as if shot dead.
His arms worked with the most frightful contortions, and four of the officers
of the prison could with ditbculty hold him; his countenance assumed a livid
paleness, the blood forsook his lips, his eyes appeared set, and pulsation at
the heart could not be distinguished. All persons present thought that he
could not possibly survive, and that the warrant of mercy had proved his
death-blow. It was nearly a quarter of an hour before he was restored to the
use of his faculties. .
* From subsequent investigation, there was every reason to believe that the boy, of
whose murder these wretches were convicted, was the Italian boy, and not a Lincoln-
shire boy.
SAWNEY CUNNINGHAM. ' 297
Bishop and Williams were executed on Monday the 5th. As early as one
o'clock in the morning, the crowd amounted to several thousand persons, and
continued rapidly increasing. By daybreak it was estimated that not fewer
than 30,000 persons were assembled. The police found it impossible to get
through the crowd to their station at the foot of the scaffold, and had to be
conducted through the prison. By some oversight, three chains were sus-
pended from the gallows, as if all the three prisoners had been to suffer. The
removal of one of them informed the multitude that May had been respited,
and the circumstance was hailed with cheers.
Before proceeding to the scaffold, both prisoners confirmed their confes-
sions. Bishop mounted the scaffold first. The moment he made his appear-
ance the most dreadful yells and hootings were heard among the crowd. The
executioner proceeded at once to the performance of his duty, and having put
the rope round his neck and affixed it to the chain, placed him under the
beam. Williams was then taken out, and the groans and hisses were re-
newed. The preparations were soon completed, and in less than five minutes
after they appeared on the scaffold, the drop^fell. Bishop appeared to die
instantaneously, but Williams struggled several minutes. The moment the
drop fell, the mob, who had continued yelling and shouting, gave several tre-
mendous cheers. Numerous accidents occurred between St. Sepulchre's
church and Ludgate-hill, arising from the extreme pressure of the mob. The
number of dislocations and bruises was almost incredible: upwards of twenty
persons, seriously maimed, were carried to St. Bartholomew's hospital before
half-past seven in the morning. Notwithstanding the great strength of the
numerous barriers which were erected from one end of the Old Bailey to the
other, not one of them was sufficient to resist the pressure. Just at the mo-
ment the wretches were turned oflT, a rush took place from all directions to-
wards the scaffold, and every barrier between the gallows and Ludgate-hill
was almost simultaneously broken asunder, or torn up. Numbers were thus
thrown down and trampled upon. A soldier in the guards had his arm broken,
and several of the police were seriously injured.
'.. SAWNEY CUNNINGHAM,
EXECUTED AT LEITH, 12tH OF APRIL, 1635.
This person had no reason to say that a good education or tuition was
denied him, whereby he might have avoided the several villanous actions he
afterwards committed. His family lived in tolerable good repute at Glasgow
in Scotland, where he was born ; but, in spite of all the learning his parents
had given him, or good examples they had set before him, to regulate his
passions and direct his conduct right, he abandoned himself, from his earliest
acquaintance with the world, to evil practices, till at last he became a mon-
ster of profaneness and wicked living. However, these great disadvantages
did not hinder him from making a very honourable marriage; for, as his
parents still kept up an honest and genteel character in the neighbourhood
where they lived, and as it would have been infamous to have reproached
them for those miscarriages in the son which they had strove all they could
to root out of his mind, and could not help, so an old gentleman, who had
preserved for a long time an inviolable friendship for the family, entered into
an alliance with Mr. Cunningham the elder, which at last terminated in
giving his daughter to Sawney, and an estate in portion with her of above
one hundred and forty pounds per annum ; thinking that marriage might be
a means to reclaim our adventurer from his ill course of life, and at last settle
38
298 SAWNEY CUNNINGHAM,
his mind, to the mutual satisfaction of both families, for which he thought
his daughter's portion would he a good purchase, and well laid out. Sawney
no sooner found himself in possession of an estate able to support his extra-
vagances, but he immediately gave a greater scope to his passions than he
had hitherto done. He made taverns and ale-houses the frequent places of
his resort; and, not content to waste the day in debauchery and drunkenness,
the night too was passed in the same manner. These steps could not but be
attended with hurtful consequences, and he was too soon an eyewitness of
some of them ; for not having always wherewithal to indulge his usual ex-
penses and method of living, he was forced to have recourse to indirect mea-
sures, which ended in pawning every thing he had, not only of his wife's, but
of his own. Sawney laughed at his follies, and could not bring himself to
believe he should ever want, while he had either hands or heart to support
him. He was determined to enter upon business as soon as possible; we
mean such business as generally brings so many unhappy men to the gallows.
His wife, who was beautiful and handsome, saw this; and, with a prudence
that became her sex, had some time stifled her uneasiness, till no longer able
to bear the torment ujion her mind, she entreated him, since all they had in
the world was gone, to fall into some honest way of livelihood to support
themselves, for it was much and more commendable to do so, than for him
to give his countrymen every day so many instances of his riotous and pro-
fuse living. Had Sawney given ear to this remonstrance, without doubt,
things had succeeded well, and we should never have read the miserable end
he suffered. But all admonition was lost on a man abandoned to wickedness,
and determined to support his usual extravagances at any rate. The poor
young woman, instead of being answered civilly for her love and affection to
him, met with nothing but harsh and terrifying words, attended with a thou-
sand oaths and imprecations. The parents, on both sides, observing this,
were in extreme grief and concern ; and determined, after a serious consulta-
tion, to dissolve the couple ; but the young and handsome wife would never
consent to part from her husband, though so base to her.
It was impossible for Mrs. Cunningham to hide the charms of her face
and person in Glasgow, where there is a university, and consequently, young
gentlemen of fortune and address. Several immediately offered their respects,
and money was not wanting to promote their suits ; but she could not endure
to think of dishonouring the bed of her husband, by a base compliance with
the richest man in the kingdom; and always put off her suitor with a frown,
and a seemingly disdainful air. But this only served to animate her lovers
the more, who now seemed to attack her with a resolution not to quit the
siege till she had either capitulated or surrendered herself. Among the rest
was a certain lawyer, who was so frequent in his importunities, that she was
quite tired out. However, she was so discreet all the while, as to conceal
from her husband Sawney the importunities of her several lovers ; but their
solicitations increasing, and being determined to be delivered of them as soon
as possible, she, one night, as she lay in bed with her husband, began to dis-
course with him to the following effect:
" You are sensible, my dear, of the inviolable love I have, from the first
day of our marriage, preserved for you, which shall still, let whatever will
happen, be as chastely maintained. As a proof of what I tell you, I have
been strongly importuned by IMr. Hamilton, the lawyer, to consent to his
embraces, but still 1 have warded ofT from his addresses, though I cannot
be free from him ; which makes me now desirous to hear your opinion in the
matter, and see which will be the safest and best expedient to be delivered
of his company."
Here she ended, and Sawney, being thoroughly convinced of his wife's
loyalty and fidelitj^, first answered her with a desire she should forget all his
irregularities, confessinu- their present poverty had been the immediate conse-
quence of his too liberal and profuse living; but that, for the future, she
%
FOR MURDER. 299
should see a good alteration in his conduct, and he would make one of the
best of husbands.
- "As for Mr. Hamilton," said he, "it is my advice that you do not give
him an absolute refusal ; but pretending a kind of love at a distance, make
him think that a considerable sum of money will finish his expectations, and
gain him what he so much longs for ; you have youth and beauty on your
side, and you may, consequently, command him as you please ; for I am not
so much a stranger to Mr. Hamilton's temper and inclination, but that I know
love will influence him to perform generous things : my dear, I have no oc-
casion to acquaint you with our poverty at this time, but our wants and neces-
sities may be amply made up by dexterously managing this adventure, the
prosecution of which I leave to your own prudence and conduct ; and, for my
part, I shall take etfectual care to extricate you and myself out of any conse-
quence that may happen upon it."
Mrs. Cunningham, after this conference with her husband, had a thousand
thoughts in her head, how to manage this scheme, so as to make the most
advantage of it: she saw that the want of money in her family must oblige
her to it, though extremely against her inclination; and, therefore, determin-
ing to put it in execution as soon as possible, she composed herself to rest
for that night. The next day Sawney went purposely out of the way, not
without a longing expectation of deriving extraordinary advantage from his
wife's conduct. Hamilton appeared as usual ; and, protesting his love for
her was the sincerest in the world, said, that it was impossible for him to
enjoy a moment's rest, without tasting those joys she could so easily afford
him. Mrs. Cunningham, at first, reproved him for such a bare declaration
of his desires, and said :
"That so long as her husband lived, she could not, without the most_ mani-
fest breach of conjugal fidelity, and an eternal infamy to herself, give way or
comply with his demands. Your person, Mr. Hamilton," said she, " is
none of the worst, neither is your sense to be despised ; but, alas ! heaven
has decreed it, that I am already another man's wife, and therefore deprived
from gratifying you as I would were the case otherwise. And I have appre-
hensions of my husband, who is a choleric person, and urged to passion upon
the most trifling affair, which either he doth not like, or squares not with his
happiness or interest." — " Interest," replied Hamilton, "why, if that be the
case, neither your husband nor you shall have any reason to complain ; for,
let me tell you for once and all, 1 do not require a gratification from any one
without making a suitable return ; your circumstances, madam, are not un-
known to me, and I am sorry to think that, after having brought Mr. Cun-
ningham so plentiful a fortune, I should have a just occasion to say that you
are poor ; but, mistake me not, I scorn to make a handle of your circum-
stances; neither do I believe Mrs. Cunningham would ever consent to my
desires on such servile terms."
Upon this madam answered him with a great deal of prudence and art; she
told him, "that he pleaded handsomely for himself, and if she was not a
married woman, there should be nothing to obstruct their desires."
Mr. Hamilton hearing this, made her a long harangue, in which he en-
deavoured to show how weak her objection was, with respect to her husband,
concluding, that what they did might be so artfully contrived that neither
Mr. Cunningham nor the world should know any thing of it. In fine, the
lawyer pleaded as if it were for life, for her consent, which madam observing,
and not caring to prolong the time too far, but despatch a great deal of busi-
ness in a little time, artfully told him, " that since her stars had so directed
the actions of her life, that she had no power of herself to contradict them,
she resigned herself to him, and said, that it was to no purpose to stifle her
inclinations for him any longer ; for, to be plain with him, she had loved him
from their first acquaintance together, before all the men she had ever seen,
300 SAWNEY CUNNINGHAM,
and that she hoped there was no transgression in an affair which her destiny
ruled ; and if tlie, world proved censorious, she did not care."
In short, an asb^ignation was made, and a porch of one of the churches in
Glasgow designed to be the place where these two lovers were to meet.
Nothing in the world gave the lawyer so much satisfaction as the thought of
having obtained the consent of his fair mistress, who had declared her love
to him, and resigned herself up to his arms. Hamilton promised to make
her a present of a purse of a hundred pounds sterling ; and she on her side
assured him, that he might expect all the kindness she was able to afford
him. Here they parted, and the lawyer thought the time very long till the
hour appointed was come. It arrived, and both appeared in the porch. Ham-
ilton wanted to know where Mr. Cunningham, her husband, was ; and was
informed, that he was gone a short journey into the country, which, however,
would take him up eight days ; whereas madam had posted him, or he had
done it himself, in a private place in his chamber at home. Hamilton seemed
extraordinarily pleased at his success, and the repose he should find in indulg-
ing his passion, now his antagonist was out of the way, as he thought. In
a little time both went to Sawney's house, and having entered his bed-cham-
ber, where he was concealed, and a good fire burning, Mr. Hamilton pulled
out two purses of gold and gave them to her, and then going to undress him-
self, Sawney sprang out of his hiding place, and with one stroke of a club
he had in his hand, knocked Mr. Hamilton down ; not contented with his
wife's having received the two purses of gold, he determined to have the
lawyer's clothes too ; and therefore redoubled his blows, till the poor gentle-
man died at Mrs. Cunningham's feet. Mrs. Cunningham, not dreaming her
husband would have carried matters to such an issue, seemed frightened to
the last extreme at what had been done ; but Sawney endeavoured to give
her ease, by telling her, that he would work himself out of the scrape imme-
diately, and so saying hoisted the body on his shoulders, and went out at a
back-door which led directly to Hamilton's house, which easily opening, and
the darkness of the night favouring him, he carried the lawyer to the vault,
and placed him upright on the seat, to the end that the first who found him
there might conclude be had died in that place and posture.
It seemed Mr. Hamilton had the day before acquainted a particular friend
who lived in bis house with his success, and how he was to have a meeting
with Mrs. Cunningham that night. This friend, having a very violent loose-
ness, rose about midnight in his night-gown, and stept down to the vault,
where opening the door, he spied Mr. Hamilton sitting; and imagining that
he v/as come there on the very same errand as himself, he stayed without a
considerable time, to his own uneasiness, till finding his friend did not stir,
he opened the door again, and taking him by the sleeve of his coat, was sur-
prised to find him fall down. He stooped to take him up, but found him
dead ; upon which, being in a great perplexity, he called to mind his ac-
quainting him with the assignation between him and Mrs. Cunningham ; he
concluded his friend had found no fair play there, knowing the husband to be
none of the easiest of men. Fearing that he himself should be thought the
murderer, he took up the body upon his shoulders, and carried it to Sawney's
house-door, where he set it down. Madam, a little after midnight, having
occasion to go down, got out of bed, and opening the door, let the body of
her late lover tumble into the house, which putting her into a fright, she ran
up-stairs into the chamber, and told Sawney that the lawyer was come back.
"Ay, ay," says he, just waking out of his sleep, " I'll warrant he shall come
back no more, I'll secure him presently ;" and so saying, sprung immediately
out of bed, put on his clothes, and hoisted the dead lawyer once more on his
shoulders, with a design to carry him to the river and throw him in, but seeing
some persons, at some distance, coming towards him, he stepped to the side
of the street till they were got by, fearing his design might be discovered.
These persons were half a dozen thieves, who were returning from a plunder
FOR MURDER. 301 '"
they had made of two large flitches of bacon, out of a cheesemonger's shop ;
and as they came along were talking of a vintner hard by, who sold a bottle
of extraordinary wine. Sawney was somewhat relieved from his fears at
hearing this conversation. He had not been at his post long, before he had
the satisfaction of seeing this company put their bacon, which was in a sack,
into an empty cellar, and knock the master of the tavern up to let them in.
The coast being now clear, Sawney conveyed the dead lawyer into the cellar,
and taking out the purloined goods, put his uneasy cargo in the sack, and
then marched home. Meanwhile, the thieves were carousing, little dream-
ing what a change they should presently find in their sack. Little or no
money was found amongst them, and the flitches were to answer the full
reckoning, so that they continued drinking till they thought the bacon was
become an equivalent for the wine they had drank. One of them, addressing
the landlord, told him : —
" That he must excuse him and his comrades for bringing no money in
their pockets to defray what they had expended, especially at such an unsea-
sonable time of night, when he had been called out of his bed to let them in;
but, landlord, in saying this, we have no design of doing you any wrong, or
drinking your wine for nothing. For we have got two flitches of bacon in a
cellar hard by, which will more than answer our expenses ; and if you care to
have them, they are at your service." — " Gentlemen," said the vintner, "if
the flitches of bacon you say you have are good, I'll take them off your
hands, and quit scores with you, so they but answer my demands."
Immediately one of them said he would go and fetch them, and accordingl}',
coming into the cellar, strove to hoist the sack up : — " Zounds," says he,
" why, I think the bacon is multiplied, or I am deceived. What a load is
here to gaul a man's shoulders ; the vintner will have a rare bargain."
And so saying, he carried the corpse on his shoulders to the tavern. On
opening the mouth of the sack, they were surprised to see a man's head peep
out. The vintner presently knew the lineaments of the deceased's face, and
cried out, " rascals, this is the body of Mr. Hamilton, the lawyer, and you
have murdered him."
At this all the six were in the utmost horror and confusion, and really
appeared like the guilty persons. But the vintner, observing them endeavour-
ing to get away, made such a noise of murder that immediately all the family
were out of their beds, and the watch at the house-door, to know the reason
of such an alarm. The thieves were instantly conveyed to a place of durance
for that night, and in the morning were sent to the main prison, when after a
little time, they took their trials, were found guilty of Mr. Hamilton's death,
and executed accordingly.
Sawney came off very wonderfully from this matter, though neither his
wife's admonitions, nor his own frequent asseverations to her to leave off his
irregular course of life, were of any force to make him abandon it; the bent
of doing ill, and living extravagantly, was too deeply rooted within him, ever
to expect any reformation to take place. He began to show himself a monster
in iniquity, and committed every wickedness that could exaggerate the charac-
ter of a most profane wretch. For it is impossible to enumerate, much more
to describe, the quantity of his villanies, they being a series of such horrid
and incredible actions, that the very inserting them here would only make the
reader think an imposition were put upon him in transmitting accounts so
shocking and horrible. The money he had obtained of Mr. Hamilton was a
dear purchase; it was soon played away with and consumed, which made
him throw himself on other shifts to support his pockets ; to which end he
visited the highway, and put those to death who offered to oppose him.
His character was too well known in the west of Scotland, to want any
further information about him, which obliged him to hasten to Edinburgh ;
where, meeting with a gang of his profession, who knew him to be the most
accomplished in their way, he was constituted general of their body, and
2C
■a^.
^
302 SAM^NEY CUNNINGHAM,
each man liad his particular lodging in the city. But Sawney, who ever
chose to act the principal part in all encounters, industriously took lodgings
at a house noted for entertaining strangers, where he was not long in insinu-
ating himself into their acquaintance, hy making them believe that he was a
stranger as well as they, and was come to Edinburgh on no other account
than purely to see the city, and make his observations upon its public build-
ings, and other curiosities, and that his ambition had been always to procure
honest and genteel acquaintance. Sawney had a most artful method to con-
ceal the real sentiments of his mind, and hide his actions, which, in a little
time, so gained upon the belief of these strangers, that they could not help
believing him to be one of the sincerest men brealliing; for it was his custom
sometimes to take them along with him two or three miles out of the city, to
partake of some handsome dinner or supper, when he was sure never to let
them be at a farthing expense, but generously discharged the reckoning him-
self; the design of all this was to make his advantage of them, and force
them to pay an extravagant interest for the m.oney he had been out of pocket
in treating them ; for constantly were persons planted in one place or other
of the road, by his immediate direction, who fell upon them as they returned
to the city, and robbed them of what they had ; but, to avoid suspicion, they
always made .Sawney their first prize, and rifled him, who was sure, in the
morning, to obtain his own loss back again, and a considerable share of the
other booty into the bargain.
Some time after this, our adventurer, with two of his companions, meeting
on the road with three citizens of Edinburgh, affronted them in a very auda-
cious manner, and used such language towards them as plainly discovered
that either death or bloodshed was near at hand. He told the person who
seemed the genteelest and best dressed of the tliree, that the horse he rode on
■was his, and had been lately stolen from him, and that he must return it him,
or else the sword he wore should do him right. Sawney's companions began
with the others after the same manner, and would needs force them to believe
that the horses they rode upon were theirs ; the citizens, astonished at this
gross piece of impudence, endeavoured to convince them the horses were
their own, and that they had paid for them, and wondered how they dare
pretend to dispute such an affair ; but these words were far from having any
effect on Cunningham; and the citizens, in the conclusion, were forced to
dismount and give them their horses and money into the bargain, being some-
what consoled that they had suffeic d no worse consequences, for Sawney, by
this time, was drenched in all manner of villany, and bloodshed was now
accounted a trifle, so little value did i\e set on the lives of any persons.
Sawney having run a merry course of roguery and villany in and about
Edinburgh for some time, where he made a considerable advantage to him-
self, so that fortune seemed to have requited him for all the poverty and
want lie had betore endured, determined now to go home to his wife, and
spend the remainder of his days agreeably with her, on the acquisitions and
plunder he had made on his countrymen. Accordingly, he came to Glasgow,
where, among a few acquaintances he conversed with, for he did not care to
make himself too public, he gave signs of amendment, which at first they
could hardly be brought to believe in. One night, being in bed with his wife,
they had a close discourse together on all their foregoing life, and tlie good
woman expressed an extraordinary emotion of joy at the seeming alteration
ai.d change in her husband ; she could not imagine w*hat reason to impute it
to; for she had been so much terrified from time to time with his barbarities,
that she had no room to think his conversion was leal ; neither, reflecting on the
many robberies and murders he had committed, could she persuade herself
that he could so soon abandon his licentious and wicked courses; for she
supposed, if his altered conduct was real, it was miraculous, and an original
piece of goodness hardly to be met with. The sequel will prove that this
woman had juster notions of her husband than the rest of his acquaintance,
FOR MURDER. 303
and those that knew him, and that she built all her fears on a solid and g-ood
foundation, as we shall endeavour to show in its proper place. For all the
signs he gave of an altered conduct, and all the plausible hints to rectify his
former and mistaken steps, were no other than only to amuse the world into a
good opinion of him, so that he might make his advantage of it with the greater
freedom and impunity. And he was not out in his aim ; for it seems when-
ever he committed any thing sinister, or to the disadvantage of any of his
countrymen, and he was pitched on as the transgressor, the town would say,
" It could not be, for Mr. Cunningham was too much reclaimed from his
former courses ever to give into them again."
We shall insert a very notable adventure Sawney had with a fortune-teller;
to which end we shall trace it up from the fountain-head, and give our readers
the first cause that induced him to it. When Sawney was an infant, he was
put out to nurse to a poor countrywoman, in a little village, a mile or two out
of Glasgow ; the woman, as the boy grew up, could not help increasing in
her love for him, and would often say to her neighbours, " Oh ! I shall see
this lad a rich man one day." This saying coming to the ears of his parents,
they would frequently make themselves merry with it, and thought no more
of it, than as the pure result of the nurse's fondness. Sawney having en-
riched himself with the spoils about Edinburgh, actually thought his old
nurse's words were verified, and sent for her to give her a gratification for her
prediction. She came, but Sawney had so disguised himself that the poor
woman did not know him. He told her that he was an acquaintance of Mr.
Cunningham's, who, on her coming, had ordered him to carry her to Mr.
Peterson, the astrologer, where she would be sure to see and speak to him;
for he was gone there to get some information about an affair that nearly
concerned him. The nurse and her pretended conducter went to the fortune-
teller's, where, desiring ad n:\ittance, Peterson thought they were persons that
wanted his assistance, and bade them sit down, when Sawney began to ha-
rangue upon astrology, and the laudable practice of it.
"I and this old woman," said he, "are two of the most accomplished as-
trologers, or fortune-tellers, in Scotland ; but I would not, reverend sir, by so
saying, seem to depreciate from your knowledge and understanding in so
venerable a science. I came to communicate a small affair to you, to the
end that, not relying on my judgment and this woman's, I might partake of
yours. You are to know, sir, that, from six years of age, I have led a very
untoward life, and have been guilty of many egregious sins, too numerous to
tell you at present, and what your ears would not care to hear ; for my em-
ployment has been to make myself a sharer of other people's money, bilk my
lodging, and ruin the vintners ; f )r a bottle I have sold the twelve signs in
the zodiac ; and if 1 had not a profound respect for the persons of my venera-
ble order and profession, I should call Mercury the ascendant in the fourth
house, at this minute, to lug half a score pieces of yours. By my exceeding
deep knowledge in astrology, I can perfectly acquaint all manner of persons
with every occurrence of their lives, and were it not to frighten yourself, 1 would
conclude, from the appearance and conjunction of Saturn and Vulcan, that your
worship would be hanged for your profession. But, sir, though destiny hangs
this unfortunate death over your head, it is at some distance from it, and may
be some years before it strikes you. Is it not surprising that a man shall be
able to read the fates of mankind, and not have any pre-knowledge of his
own ] and is it not extremely afilicting to think, that one who has done so
much good in his generation, and assisted so many thousands to the recovery
of things that would have been inevitably lost without his advice, should
come at last to the ignominious halter, as a fit recompense for his services'?
Good heavens! where is the equity of all this"? Certainly, sir, if we are to
measure the justice of things by the laws of reason, we must naturally con-
clude, that laudable and good actions deserve laudable and good recompense ;
304 SAWNEY CUNNINGHAM,
but can liano;ino- be said to be this good recompense 1 No ; but the stars will
have it so, and how can mankind say to the contrary?"
Cunningham paused here awhile, and the astrologer and old nurse won-
dered whom they had got into company with. Mr. Peterson could not help
staring at the physiognomy of our adventurer, and, in spite of himself, began
to be in a panic at his words. The nurse was in ex])ectation of seeing Sawney
come in every minute, little dreaming the person siie was so near was the
man she wanted.
" Well, venerable sir," said he, " do not be terrified at my words, for what
cannot be avoided must be submitted to. To put you out of your pain, I'll
tell you a story. A gentleman had a son, who was his darling, and conse-
quently trained up in all the virtuous ways that either money could purchase,
or good examples teach. The youth, it seems, took to a laudable course of
life, and gave promising signs of making a fine man ; nor, indeed, were their
expectations deceived ; for he led a very exemplary life of prudence, excellent
conduct and good manners, which pleased the parents so much, that they
thought every thing they could do for him too little. But the mother, out of
an inexpressible fondness for him, must needs go to an astrologer, and in-
quire how the remaining part of his life must succeed. Accordingly the
horoscope is drawn, but a dismal appearance results from it ; it acquaints the
mother that her son shall remain virtuous for two-and-thirty years, and then
be hanged. 'Monstrous and incredible !' says she, 'but I'll take care to
secure him in the right way ; or all my care will be to no purpose.' Well,
the family are all soon acquainted with this threatening warning. The person
determined to be the sacrifice is already nine-and-twenty years old, and surely,
they suppose, they can easily get over the other three years, when all shall
go well with their kinsman. But what avails all the precautions of man-
kind 1 This same son obtains a commission of a ship, goes to sea, and, acting
quite contrary to his orders, turns pirate, and in an encounter, happens to kill
a man, for which, on his return to his native country, he is tried, condemned,
and hanged. What think you of this, venerable brother 1 Is not he a sad
instance of an overruling influence of the stars 1 But not to prolong too much
time on a discourse of this nature, let us come to the purpose, \ouare now,
as I cannot do it myself, to tell me my fortune, and this old woman is to con-
front you if you tell me a lie. There is no excuse to be made in the matter;
for by heavens, on your refusal, I'll ease this room of your damnable trum-
pery, and send you packing to the devil after them."
These words were enough to frighten any man outof his senses ; nor could
Peterson well discover the intention or drift of his talkative and uneasy visitant.
" What would you be at ?" says the astrologer.
" Why, do not you see what a terror you have put that good woman into,
who trembles like an aspen leaf?"
"I am not used, friend, to have persons come into my house, and tell me
to my face, that I am to be hanged, and then to confirm it, as you pretend, tell
me an old woman's story of a cock and a bull, of a young man that went to sea,
and was hanged for robbing, for which he certainly deserved the punishment
he met with. As for telling your fortune, I'll be so plain with you, that you'll
swing in a halter as sure as your name is Sawney Cunningham."
" Sawney Cunningham," quoth the nurse, who, straightway throwing her
arms about his neck, began to kiss him very eagerly, and looking earnestly in
his face, cried aloud; "And art thou Sawney Cunningham! why I thought
thou wouldst come to be a great man, thou wast such a Scotty lad."
" Do you see now," says Sawney, " what a lie you have told me, in impu-
dently acquainting me that I shall be hanged, when my good prophetess here
tells me I am a great man ; for great men never can be hanged."
" I don't care for what she says, nor you neither, for hanged you'll be, and
that in a month's time, or else there never was a dog hanged in Scotland."
FOR MURDER. 305
" Pray, brother, how came you to know this without consulting my horo-
scope ?"
" Know it — why your very condition tells me you have deserved hanging
this dozen years ; but the laws have been too favourable to you, else Mr.
Hamilton's death had been revenged before this time of day. Now, to con-
vince you of my superior knowledge in astrology, I mean, in telling how far
their influence extends over any man's actions, I'll point to you the very
action and persons that will bring you to the gallows. This very day month
you shall go (in spite of all your foresight and endeavours to the contrary) to
pay a visit to Mr. William Bean, your uncle by your mother's side, who is a
man of unblamable character and conversation. Him shall you kill, and
assuredly be hanged."
Sawney having observed the air of gravity wherewith Mr. Peterson de-
livered his words, could not help falling into a serious reflection about them ;
and, thinking the place he was in not convenient enough to indulge the
thoughts he found rising within him, abruptly left the fortune-teller, and giv-
ing his old nurse five shillings, returned home.
After having seriously pondered on the several particulars of Peterson's
words, he could not for his heart but think that the old man, in order to be
even with him for telling him of being hanged, had only served him in his
own coin ; so that after a few hours every syllable was vanished out of his
mind, and he resolved to keep up to his usual coiirse of life.
We draw on to his last scene now, which shall be despatched with all the
brevity we are masters of. Sawney, having escaped many dangers, and run
through many villanies with impunity, must needs go to his uncle Bean's
house to pay him a visit, with no other design than to boast to him of his late
successes, and how fortune had repaired the injuries his former misconduct
and remissness had done him. He went, and his uncle, with his moral frank-
ness, bade him sit down, and call for any thing his house could afford him.
" Nephew," says he, " I have desired a long time to see an alteration in
your conduct, that I might say I had a nephew worthy of my acquaintance,
and one to whom I might leave my estate, as deserving of it ; but I am ac-
quainted from all hands, that you go on worse and worse, and rather than
produce an amendment, abandon yourself to the worst of crimes. I am al-
ways willing to put the best interpretation I can upon people's conduct ; but
when so many fresh reports come every day to alarm my ears of your extra-
vagancies and profuse living, I cannot help concluding but that the greatest
part of them are true. I will not go about to enumerate what I have heard,
the discovery of mistakes only serving to increase one's uneasiness and con-
cern. But methinks, if a good education, and handsome fortune, and a beau-
tiful and loving wife, could have done any service with respect to the reclaim-
ing you, I should have seen it before now Your wife has been an indulgent
and faithful friend to you in all your misfortunes ; and the lowest employment
in life, could you but have confined yourself, would have proved more bene-
ficial, and secured your character, and the esteem of your family and friends,
better than the ways you now tread in. I am sensible my advice is insigni-
ficant, and men of my declining years are little valued or thought of by the
younger sort, who, in this degenerate age, think none wiser than themselves,
and are above correction and reproof. (Jome, nephew. Providence may allot
you a great many years more to run, but let them not be such as those already
past, if Heaven should grant you the indulgence. If I could build any hopes
on a good foundation, that you would yet repent, methinks I could wish to
have vigour and strength to live to see it ; for what my satisfaction would be
then, none are able to declare, but such only as are in the like case with myself.
Our family has maintained an unspotted character in this city for some hun-
dreds of years, and should you be the first to cast a stain upon it, what will
mankind or the world say. You may depend that the load of infamy will be
thrown on your back, for all who know, or have heard the least of us, will clear
2 0 2 3'J
306 SAWNEY CUNNINGHAM.
us of the dishonour, as knowing how well yon were educated, how hand-
somely fitted out for the world, and how well you might have done. If fame
says true, you are to be charged with Mr. Hamilton's death ; but I cannot
bring myself to think you would ever be guilty of so monstrous an impiety.
It seems he had been your benefactor, and several considerable sums of money
he had given you, in order to retrieve your lost circumstances ; but was to
give him his death the way to recompense him for his kindness ] Fie on it.
Not pagans, or the worst of infidels, would repay their benefactors with such
usage; and shall we Christians, who boast so much above them, dare to do
that which they abhor from their souls'? It cannot be, nephew; but all
thoughts of humanity and goodness are banished from your mind, otherwise
some tincture would still have remained of Christian principles, that would
have told you, you were highly indebted to that good and eminent lawyer's
bounty. I am more diffusive on this head, because it requires a particular
disquisition ; neither mistake me in this matter, for I am not determined to
rip up things to the world, in order to blacken your character more than it is
already, nor to bring you under condemnation ; only repent, and lead a more
sober life for the time to come, and all the wishes and expectations of your
friends and family are then fully answered. First, endeavour to reconcile
your passions to the standard of reason, and let that divine emanation conduct
you in every action of your future life ; so will you retrieve the time you have
lost, patch up your broken reputation, be a comfort to your family, and a joy
to all who know you. Ill actions seem pleasing in their commission, be-
cause the persons that pursue them have some aim of advantage in doing
them ; but let me tell you, there is nothing in the world like a virtuous pur-
suit, thoufjh the road is beset with thorns and briers ; but there are inexpres-
sible delights and pleasures in that wilderness, which not all the vices in the
w'orld can balance. This exhortation probably may be the last that may come
from my lips ; but, indeed, you have need of advice every moment, and want
the leading-strings of a child, yet neither want you sense or understand-
ing: how comes it then, you make such bad use of them] Are not all the
miserable catastrophes of profuse and wicked livers sufficient to deter you
from your licentious course of life? If gibbets and gallows could have any
influence on a mind, unless lost to all sense of goodness, certainly the melan-
choly ends so many monthly make here, should be a means of opening your
eyes and reclaiming you. But, alas ! the wound, I fear, is too deep, and no
medicines can now prevail ; your enormities are of such an egregious dye,
that no water can wash it out. Well, if neither the cruel consequences of an
iniquitous and misspent life, nor all the advice which either your friends and
relations can give you; if good examples, terrors, or death, cannot awaken
j'^ou from your profound lethargy and inactivity of mind, I may well say your
case is exceedingly deplorable, and what, for my part, I would not be in-
volved in for ten thousand worlds. You cannot but surely know what you have
to depend on, now your friends and relations abandon you, for you are styled a
murderer ; and the man that has once dipt his hands in blood, can never expect
enjoyment of any felicity either in this or the next world ; for there is an in-
ternal sensation, called conscience, which brings an everlasting sting along
with it, when the deeds of the body are heinous and black. Indeed, some
may pretend to stifle their iniquities for a considerable time, but the pause is
but short ; conscience breaks through all the barriers, and presents before the
eyes of the guilty person his wickedness in frightful colours. What would
not some give to be relieved of their racking nights and painful moments 1
When freed from the amusements of the day, they might wish to rest, but
cannot. 'Tis then that Providence thinks fit to give them a foretaste of those
severities, even in this life, which will be millions of times increased in the
next."
Here the Q-ood old man shed a flood of tears, which pity and compassion
had forced from his eyes; nor could Sawney forbear shedding a tear or two at
SARAH MALCOLM. 307
hearing ; but it was all pretence, and an imitation of the crocodile ; for he
was determined to take this reverend old gentleman out of the world, to get
possession of his estate, which, for want of male issue, was unavoidably
to devolve upon him after his death. With this view, after he had made an
end of his exhortation, he stepped up, and without once speaking, thrust a
dagger into his heart, and so ended his life; and, seeing the servant-maid
come into the room at the noise of her master's falling on the floor, cut her
throat from ear to ear; and then to avoid a discovery being made, set fire to
the house, after he had rifled it of all the valuable things in it ; but the Divine
vengeance was resolved not to let this barbarous act go unpunished : for the
neighbourhood observing a more than ordinary smoke issuing out of the house,
concluded it was on fire, and accordingly unanimously joined to extinguish it,
which they effectually did ; and then, in going into the house, found Mr.
Bean and his maid inhumanly murdered. Our adventurer was got out of the
way, and no one could be found to fix these cruelties upon ; but it was not
long before justice overtook Cunningham, who being impeached by a gang
of thieves that had been apprehended, and were privy to several of his villanies,
he was taken up, and committed a close prisoner to the talbooth, where so
many witnesses appeared against him, that he was condemned and hanged
at Leith, the I2th of April, 1635.
When he went to the place of execution, he betrayed no signs of fear, nor
seemed any way daunted at his approaching fate. As he lived, so he died,
valiantly and obstinately to the last, unwilling to have it said, that he, whose
hand had been the instrument of so many murders, proved pusillanimous at
the last.
■■■-., IT.
• ■ SARAH MALCOLM,
'" ' . FOR MURDER. . r . ..
Sarah Malcolm was indicted for the murder of Ann Price, spinster, by
wilfully and maliciously giving her with a knife one mortal wound on the
throat, of the length of two inches, and the depth of one inch, on the 4th of
February, 1733, of which wound she instantly died.
She was a second time indicted for the murder of Elizabeth Harrison,
spinster, by strangling and choking her with a cord, on the said 4th of Feb-
ruary, of which she instantly died.
She was a third time indicted for the murder of Lydia Duncomb, widow,
by strangling and choking her with a cord, on the said 4th of February, of
which she instantly died.
She was again indicted for breaking and entering the dwelling-house of
Lydia Duncomb, widow, and stealing twenty moidores, eighteen guineas,
one broad piece, value twenty-five shillings; four broad pieces, value twenty-
three shillings each; one half-broad piece, value eleven shillings and six-
pence; twenty-five shillings in silver; a silver tankard, value forty shillings;
a canvass bag, value one shilling; and two shifts, value twelve shillings,
on the said 4th of February, about the hour of two in the morning of the
same day.
To all of which indictments she pleaded. Not Guilty.
The counsel, having opened the indictment, called the following witnesses.
John Kerrel deposed thus : The prisoner has been my laundress about a
quarter of a year. She was recommended to me by a gentleman in the Tem-
ple. On Sunday, the 4th of this month, as I returned from commons, 1 met
Mr. Gehagan, and going with him through Tanfield court, we found a mob
there, and inquiring what was the matter,''were told of the murders that had
308 SARAH MALCOLM,
been committed. Mr. Gehagan then said, this Mrs. Duncomb was your
Sarah's (the prisoner's) acquaintance. We went forward to the coffee-house
in Covent-garden ; there we heard several discoursing about these murders,
and it was the general opinion that they must have been committed by some
laundress, who was acquainted with the chanibers. From thence Me went
to the Horse-shoe and Magpie, in Essex-street, where we staid till one in
the morning, and then returned home. 1 found my door open, and the pri-
soner in the room. Sarah, said I, are you here at this time of the morning]
you knew Mrs. Duncomb; have you heard of anybody that is taken up for
the murder? No, said she, but a gentleman vs'ho had chambers under her
has been absent two or three days, and he is suspected. Said I, nobody that
was acquainted with Mrs. Uuiicomb shall be here till the murderer is found
out; and, thereibre, take up your things and get away. In the mean time
Mr. Gehagan went down to call the watch, but he could not find the door
readily, and so he came up again, and 1 went down to call two watchmen,
and brought them up, and I found her turning over some linen in my drawers.
I asked who it belonged to] She said it was her own. I went into the
closet, and missing my waistcoats, I asked her what she had done with them ]
She called me aside, and said she had pawned them at Mr. Williams's, in
Drury-lane, for two guineas, and prayed me not to be angry. 1 told her I
was not so angry on that account, but I suspected she was concerned in the
murder. The next thing 1 took notice of, was a bundle lying on the ground.
I asked what it was. She said it was her gown. And what's in it, said I ]
Why, linen, says she, that is not proper for men to see ; and so I did not offer
to open it. I searched farther, and missed several things of my own, and
found other things that did not belong- to me; and then I charged the watch
with her, and bade them take her away, and take care of her. When she
was gone, I found another bundle in my bed-chamber. Upon this I called to
Mr. Gehagan, and showed it to him ; whereupon we resolved to make a tho-
rough search ; and so I looked in the close-stool, where we found some more
linen, and a pint silver tankard, with a bloody handle. We then went to one
of the watchmen again, and he said he had let her go, upon her ])romising to
come again at ten o'clock in the morning. I bade him find her out, by all
means. He called to his brother watchman at the gate, and they went out
and brought her to me. I showed her the bloody tankard and linen, and
asked her if they were her's ] She said yes, they were left her by her mo-
ther. I asked her how the handle of the tankard came to be bloody ] She
said she had cut her finger; and as for the linen, she said, it was not blood
upon it, but a disorder.
Counsel. — What kind of linen was it; did you open the b>mdle ]
Ken-el. — I opened that which 1 found in my bed-chamber; but my confu-
sion was so great, that I don't know whether it was shifts or aprons. She
told me the tankard had been in pawn, and that she had pawned my waist-
coats to redeem it. The watchman carried her to the watch-house, and there
they found a green silk purse with twenty-one counters in her bosom.
Court. — Are you positive that she owned the tankard and linen to be her's ]
Kerrd. — Yes ; but the linen in her gown was left unopened, till after she
was sent to the watch-house.
Prisoner. — Was the linen you found in the close-stool bloody ]
Kerrel. — I am not sure whether it was that or the linen that was found under
my bed that was bloody, for I was very much surprised, and I brought down
the one parcel, and Mr. Gehagan brought another, and we threw them down
in the watchman's box, and so they were mixed together.
Court. — Show the tankard to the jury, and unseal the linen, and let them
see that too, and the other things.
Kerrel. — This is the green silk purse that was found upon her in the watch-
house ; she said she found it in the street; but somebody taking notice it
was clean, she said, she had washed it since. This is the gown that some
FOR MURDER. 309
of the linen was wrapped in, and this is the bloody apron that was found
under my bed, and which, she said, was not bloody, but marks of a disorder.
Prisoner. — Was the linen wet or dry ?
Kerrel. — I can't say which, but it was bloody.
Prisoner. — Did you take it up ]
Kerrel. — I took up that under the bed and in the close-stool. The clean
linen that was in the drawers she took out herself, and the watchmen after-
wards fetched away that which was in the gown.
Prisoner. — Was the gown bloody, or the shift bloody in the sleeves or
bosom, or anywhere but in the lower part \
Kerrel. — I cannot say.
Court. — Is the shift here 1 ' ■
Kerrel. — Yes.
Court. — Produce it then, and let somebody look on it.
^nn Ul phant (looking on it). — I think here's a little blood on the upper part
of the bosom.
Prisoner. — Upon your oath, is it blood or a stain ]
Ann Oliphant. I cannot be positive; but it seems like the rest.
Prisoner (to Mr. Kerrel). — Did you suspect me on account of finding me in
your chambers so late on Sunday night, or was it because you saw me count-
ing money there on Sunday morning?
Ken-el. — I saw no money that you had on Sunday morning. I suspected
nothing of you till I found you so late in my chamber.
Prisoner. — Swear him if he did not see me counting money in the morning,
or if he did not count it after me.
Kerrel. — No, I did not.
Prisoner. — Did you not count £00 in your own bed after me ]
Keirel. — No ; I say, I know nothing of it. If you had so much money,
you might have fetched my things out of pawn.
Prisoner. — What! did you not reckon how many broad pieces and moi-
dores, and how much silver there was ]
Kerrel. — No; if I had, I should have suspected you afterwards; but I had
not then heard of the murder, for it was not known till two in the afternoon;
and after I had heard it I went to the coffee-house, and did not return home
till one o'clock on Monday morning. If I had seen you have so much money
on Sunday morning, I should have had such a suspicion of you, when I first
heard of the murder, that I should have come home directly.
Prisoner. — 'Tis hard that he will deny, upon his oath, what he did with
his own hands.
Court. — What time in the morning was thisl
Prisoner. — About nine o'clock ; and he asked me where I had it ; and 1
told h-im from some relations in the country.
Court. — What time did she come to your chamber]
Ken-el. — About nine in the morning: I sent her for some tea. Mr. Geha-
gan breakfasted with me, and she staid till about ten o'clock, when the horn
sounded for commons.
Counsel. — There was, you say, clean linen taken out of the drawers ; was
there any blood upon it?
Kerrel. — No ; I should have seized her presently if I had found any blood
before she went away first.
Counsel. — Did slie own that clean linen to be hers, too?
Kerrel. — Yes.
John Gehagan. — I have chambers over the Alienation Office, three pair of
stairs high. Mine are on the left hand, and Mr. Kerrel's on the right; we
are very intimate together. On Sunday morning, the 4th of February, I rose
about eight o'clock, and saw Mr. Kerrel's door shut. About nine the pri-
soner came up and opened his door, and went in, and it was not ten minutes
before he came to my bed-sjde, and said, as you was a great advocate for me
310 SARAH MALCOLM,
last night, I will give you a breakfast. He gave her a shilling to fetch some
tea ; she made it, and staid till the horn blew for commons. And after com-
mons, he and I went out together. Going through Tanfield-court we found
a mob there, and seeing Mr. Clarke, a writer, we asked what was the mat-
ter ; he told us of the murder, and I said to Mr. Kerrel, this is your laun-
dress's acquaintance. We went to a coffee-house in Covent-garden, where
some gentlemen, talking about the murder, said, they should suspect some
of the laundresses. We staid there till eight, and then went to the Horse-
shoe and Magpie in Essex-street, where we staid till one in the morning, and
then going home we found his door open, a fire and candle in the room, and
the prisoner standing by the fire. Said Mr. Kerrel, vSarah, this Mrs. Dun-
comb was one of your acquaintance; have you heard of anybody's being
taken up for the murder] She said that one Mr. Knight, who had chambers
under INIrs. Duncomb's, was suspected. Well, said Mr. Kerrel, I'll have
nobody stay in my room that was acquainted with Mrs. Duncomb. I went
down to call the watch, but there being a double door to the Alienation Oflice,
I fumbled and could not get it open, so he came down and brought the watch
up. Pie missed his waistcoats, and asked where they were ; she desired him
to let her speak a word with him in private : he said no, I have no business
with you that needs to be made a secret of. Then she told him they were
pawned. He kicked a bundle that lay in the closet, and asked her what it
was ] she said it was an old gown of hers, with a shift and apron in it; hut
it was a very indecent sight for a man to see ; and therefore desired him not
to look into it, and so he put it aside again. Then the watch took her down,
and when she was gone, he looked under his bed and found another bundle.
Zounds, said he, here's another bundle of linen that this wretch has left be-
hind her; and looking farther, he found the linen and the bloody tankard in
the close-stool. We went down together, and he called the watch, and asked
him where the woman was] the watchman said he had let her go. You
dog, said Mr. Kerrel, go and find her again, or I'll send you to Newgate.
The watchman soon met with her, and brought her to us. "You infamous
wretch," said I, " was it not enough to rob the people, but you must murder
them too] I'll see you hanged, you infernal strumpet." So I showed her
the tankard, and she began to wipe the handle with her apron ; but, said I,
no, you sha'n't wipe it otf ; she said it was her own, and that her mother gave
it her, and that she had fetched it out of pawn, where it had lain for thirty
shillings. "You wretch," said I, "your mother was never worth such a
tankard." I had much ado to keep my hands otf her.
Court. — How caine you to know that the prisoner was acquainted with
Mrs. Duncomb]
Geliagan She told me so herself.
Cuurf. — Did you see the linen that was taken out of the close-stool ]
Ge/tagan. — Mr. Kerrel gave me that linen and the tankard, and I carried
them down. I saw this bloody apron and bloody shift taken out of the gown.
The bundle was in the closet when Mr. Kerrel missed his waistcoat, but it
was not opened then : the watchman fetched it away afterwards.
Pris-oner. — Was the blood on the tankard dry ]
Gehagan. — It appeared then to be fresh.
Prisoner. — Was the blood on the shift or apron wet or dry ]
Gehagan — I don't know certainly.
Prisoner. — Who took the shift up]
Gehagan. — I had it in my hand ; the blood on it was like that on the tank-
ard, which I thought was wet.
Prisoner. — It has been folded up ever since then, and if it was wet then it
must be damp still, if no air has come to it. Was the linen in the close-
stool bloody, and what linen was it ]
Gehai^an. — 1 don't know what linen it was, nor whether it was bloody
or no.
^ ¥
FOR MURDER. 311
Prisoner. — Was the linen in the gown deliverei to me before I went to
the watch-house ?
Gehagan. — No; on your saying it was indecent, it was left; but the watch-
man came afterwards, and said the constable thought it necessary to have
the shift and apron. - .
Prisoner. — What gown had I on 1 . . .
Gehagan. — I don't know.
Prisoner, — I would ask Mr. Kerrel the same question.
Kerrel. — You came up in that blue riding-hood you have on now, but I did
not mind what gown.
Prisoner. — Had I any blood on my clothes, or was I clean dressed T
Court. — Why, it was Monday morning when you was taken ; you had
twenty-four hours to shift your clothes.
Prisoner. — Had I shifted myself with clean linen 1
Kerrel. — I don't know ; I did not observe.
Richard lliiglis. — As I was upon my watch in the Temple, at past one
o'clock in the morning, I heard Jlr. Kerrel call watch ! my brother watch-
man went, and then he called me ; we went up-stairs, and the prisoner opened
the door to us. Mr. Kerrel looked in his drawers, and in the middle drawer
there was a pair of ear-rings, which she owned and took them out, and put
them in her bosom. In another room there were some clothes, and he asked
her about his waistcoats ; she went to whisper him, and said they were
pawned ; he was angry, and said, why did not you ask me for money 1 he
bade me and my comrade take care of her; but as we were not charged with
her before a constable, we thought we had no occasion to keep her in custody,
and so we discharged her. She went as far as Tanfield-court arch, and then
she turned back and said it was late, and she lived as far as Shoreditch ; and
therefore had rather sit up in the watch-house all night than go home. No,
said I, you shall not sit up in the watch-house ; and, therefore, go about your
business, and be here again at ten o'clock. She said she would come again
at ten, and so went away. But soon after she was gone, Mr. Kerrel came
down with a tankard and some clean linen, and very angry he was that we
had let her go. I went after her and found her at the Temple-gate, sitting
between two watchmen; 1 told her Mr. Kerrel wanted to speak with her;
and (that I might get her along the more easily) I said that he was not so
angry then as he was before, and so I brought her with me. He showed her
the tankard, and she said it was her mother's ; he asked her how it came
bloody ; she said she had pricked her finger.
Counsel. — Was it fresh blood upon the tankard ?
Hughs. — It looked much as it does now ; then I carried her to the consta-
ble, and went away ; but, presently I recollected that when I was in Mr.
Kerrel's room, I kicked a bundle in a gown, and asked what it was ; and she
said her shift and apron were in it, and not fit to be seen. I told the consta-
ble of it, and he sent for it; so I went and asked for the bundle, whereof the
shift and apron were put.
Counsel. — Wliereof? wherein, you mean; look upon them, is that the
apron, and that the shift ]
Hughs. — I am not sure that these are the same, for I unfolded them in the
chamber; they were both bloody as they are now
Prisoner. — Was the blood wet or dry ]
Hughs. — I am not sure which.
Prisoner. — 'Tis hard, if he opened and handled them, and saw they were
bloody, and yet can't say whether they were wet or dry.
Jinn Love. — I have been acquainted with Mrs. Duncomb thirty years. On
Sunday, the 4th of February, I went in order to dine with her; it was ex-
actly one o'clock when I came to the chamber door. I knocked, and waited
a considerable time; but nobody answered : I went down to see if I could
find anybody that had seen any belonging to the family, or knew whether
,913 SARAH MALCOLM,
the maid was gone out or no. I met Mrs. Oliphant, and asked her; she said
she had seen none of them. I went op again, hut could make nobody hear.
Then 1 concluded that the old maid, Elizabeth Harrison, was dead, and that
the young maid, Ann Price, was gone to her sister's to acquaint her with it.
1 went then to Mrs. Rhymer (who was Mrs. Duncomb's executrix); she
came with me, and I went up again with her, but we could not yet get the
door open ; I looked out and saw the prisoner at my Lord Bishop of Bangor's
door; I called her up, and said, " 8arah, prithee go and fetch t^he smith to
open the door." She said she would go with all speed ; and so she went.
Counsel. — Why did you call her?
Love. — Because I knew she was acquainted with Mrs. Duncomb. The
prisoner returned without the smith. Mrs. Oliphant came to us. O ! said
I, Mrs. Oliphant, I believe they are all dead, and the smith is nut come,
what shall we do ] She said she could get out of her master's chamber into
the gutter, and so open Mrs. Duncomb's window; I desired her to do so by-
all means. She accordingly got out upon the leads, broke a pane of glass in
Mrs. Duncomb's chamber-window, ojiened the casement, and 1, and Mrs.
Rhymer, and the prisoner went in. In the passage, the poor young girl,
Nanny, lay murdered upon her bed, and wallowing in her blood, with her
throat cut from ear to ear.
In the next room, the old maid, Elizabeth Harrison lay dead, and was
thought to be strangled ; and in the next room to that, Mrs. Lydia Duncomb
lay dead and strangled in her bed; and her box, where she kept her money,
was broke open, and nothing left in it but some papers.
Counsel. — Do you know that tankard ]
Love. — No ; if it was her's, I suppose she kept it locked up, for I don't
remember that I have seen it in use.
Counsel. — Have you seen the prisoner in Mrs. Duncomb's chambers at
any time before these murders "?
Love. — Yes; I was there about eight o'clock the night before the fact, and
Mrs. Oliphant and the prisoner were then in the room.
Counsel. — Do you know on what account the prisoner came ■?
Love. — She pretended she came to inquire about the old maid's health.
Cou7iscl. — What time did she go away ]
Love. — She and Mrs. Oliphant went away a little before eight, and I staid
about a quarter of an hour after.
Counstl. — When you went, did anybody lock the door after you ?
Love. — I don't know; it was a spring-lock, and there was a bolt within-
side, and 1 believe it was bolted when Mrs. Oliphant got in at the window ;
for when she opened the door, I thought I heard the bolt pass back.
Counsel. — Did the prisoner ever lie with Mrs. Duncomb ]
Love. — She was her char-woman before last Christmas.
Counsel. — Did the prisoner use to lie there ?
Love. — I am not sure of that.
Counsel. — Have you seen her there at any other time than what you have
mentioned ]
Love. — Yes ; about a month before the murders she came there under the
pretence of looking for the key of her master's chambers.
Fr-isoner. — If you saw me there when the murder was discovered, do you
know what clothes I had on 1
Love. — I did not take notice of your clothes, but I desired you to make a
fire, and so you did.
Counsel. — Did you see any thing lie upon the table ■?
Love. — There was a case knife, with a white handle, but the blade was
broke off short. I did not see the blade.
Counsel. — What became of that broken knife T
Love. — It was taken away, but I can't tell who took it.
^7in Ol'.phant. — Mrs. Love came to me, and said, she had been knocking
FOR MURDER. 313
at Mrs. Duncomb's door, and could not get in, and she believed Mrs. Betty
(the old maid) was dead, and that Nanny was gone to acquaint her sister
with it, and that the old lady could not get up. This was about one o'clock,
and at two she told me she had sent Sarah (the prisoner) for a smith to break
open the door, but he was not come, and she knew not how to get in. Says
I, my master Grisly'S chambers, you know, are opposite to Mrs. Duncomb's.
He went away last Tuesday, Mr. Twysden has left the keys with me to let
the chambers. Now I'll see if I can get out of his chamber-window into the
gutter, and so into Mrs. Duncomb's apartment. She desired me to try, and
so I did ; I got into the gutter; I broke a pane in Mrs. Duncomb's window,
and opened the casement. Here is her window, and here is her door; the
door was locked and bolted ; I opened it, and Mrs. Rhymer and Mrs. Love
came in ; I did not see the prisoner, but I believe she came soon after. In
the first room we found the girl, Ann Price, with her throat cut from ear to
ear, her hair loose, and hanging over her eyes, and her hands clenched thus.
In the dining room, we found Elizabeth Harrison lying in a press-bed : she
was strangled, and her throat scratched ; Mrs. Duncomb lay across her bed
in the next room. The prisoner was there then, and talked to me, but I was
so concerned, that I don't know what she said, and in a few minutes the
mob came in.
Counsel Was you at Mrs. Duncomb's the night before the murder 1
Ollphant. — Yes, I went to see her about eight o'clock ; she said she was
sorry my master was gone, because it was so lonesome. The prisoner was
then sitting by the fire with Mrs. Betty ; and Mrs. Betty said, my mistress
talks of dying, and would have me die with her. I got up to go away, and
the prisoner said she would go down with me; and so she did, and we parted
in Tanfield-court.
Counsel. — You say you found the door locked and bolted ; how do you think
the persons, who did the murder, could get in and out!
Ollphant. — I don't know. I heard somebody say they must get down the
chimney ; 'tis a large kitchen chimney ; but I could thrust the lock back, it
is a spring-lock ; I have often put to the bolt myself, to save Mrs. Betty the
trouble of coming to shut the door after me. When I say, I shut the bolt, I
mean the bolt of the lock.
Counsel. — is there any way to get out and leave the door bolted ?
Oliphant. — I know of none.
Counsel. — Can't they get out at the stair-case window \
Oliphant. — No ; they have lately been barred.
Counsel. — Mr. Grisly's chambers, you say, had been empty ever since
Tuesday ; could they not get into his chambers, and so into hers 1
Oliphant. — I do not know ; there is a silly lock to his door, which I believe
may be easily picked.
Frances Rhi/mer. — I have known Mrs. Duncomb thirty years; and within
these three or four years she has been very infirm, and her memory much
decayed, and therefore she desired me to receive and take care of her money,
and she made me her executrix. *■
Counsel. — Then you have seen the box where her money was kept? J^^
Rhymer Yes; I have opened it twenty times.
Counsel. — Do you know this tankard !
Rhymer. — Yes, very well, it was hers ; she used to put her money in it,
and the tankard and money were both kept locked up in her box. I kept the
key of this box ; and the Thursday before her death she asked me if I had got
her key ] I said yes, and she said she wanted a little money. I opened her
box and took out a bag; it was a £100 bag. It lay at the top of the other
money in the tankard.
Counsel. — Was this the bag I
Rhymer. — It was such a bag as this. I carried it to her by the fire-side, and
gave her a guinea out of it; and there might be left in the bag, I believe,
3D 40
314 SARAH MALCOLM,
about twenty g^uineas. But besides what was in the bag, there were several
parcels, that she had sealed up in papers, for particular uses. There were
six little parcels sealed up with black wax, 1 believe there were two or three
guineas in each. In another parcel she told me there were twenty guineas,
to be laid out in her burying ; and in another there were eighteen ludores.
Counsel. — Moidores, 1 suppose you mean ''
Rhymer. — Yes, I believe they call them moidores ; these, she said, were
for me to defray any extraordinary charges that might happen. Then there
was a green purse, with thirty or forty shillings in it for poor people.
Cduntel. — Look on that green purse ; do you tliink it is the same ]
Rliymer. — I think it was not so long a purse as this.
Prisoner. — Will she take her oath to every farthing of money that was in
that box ?
Rhymer. — No, I don't pretend to that.
Counsel. — This you saj^ was on Thursday; what did you observe in I\Irs.
Duncomb's chambers the Sunday following ?
Rhymer. — When Mrs. Oliphant let us in, the first thing 1 took notice of,
was the poor young creature in the passage, with her throat cut from ear to
ear; then in the dining-room there lay Mrs. Betty, strangled, and in the other
room I found Mrs. Duncomb in the same condition, and her strong black box
was broken open, and all the money and the tankard were gone.
Frisoner. — You was there when I was called up, what clothes had I on ?
Rliymer. — I was too much concerned to take notice of your clothes.
Frisoner, — Was the door locked, or bolted, before Mrs. Oliphant opened it?
Rhymer. — I don't know.
Prisoner. — Did you see any way that a person could possibly get out and
leave the door bolted "?
Counsel. — Somebody did get in and out too, that's plain to a demonstration.
Frances Croirder. — I knew Mrs. Duncomb six or seven years. I know this
tankard; about five years ago she desired me to sell some plate for her; and
then she showed me this tankard ; "but," says she, "I would not sell this,
I intend to keep it for a particular reason, only I would have you ask what it
is worth." Her plate was marked with a D and a C [C D L, for her hus-
band's name was Charles], she made use of the tankard to put her money
in. And afterwards she told me, that she intended the tankard for her niece
Keely.
Counsel. — Look on that clean linen. These are the shifts that were found
in Mr. Kerrel's drawers.
Crowder — Mrs. Duncomb's shifts had a particular cut, and I verily believe
on my oath, that these were hers. I have one of hers here ; that is the very
same in every respect. They are all darned too in a particular manner ; there
is not one piece in all her linen, but all is darned. They have no mark, but
have all the same cut and darning.
Frisoner. — One shift may be cut like another.
Crowder. — Mrs. Duncomb has cut shifts for me exactly in the same man-
ner. These shifts have not been washed, I believe, for many years, but they
were laid all in the box with the money and tankard.
Frisoner. — Mrs. Rhymer took no notice of this linen; it was strange that
she could not see it; she that opened the box so often, and must know every
trifle that was in it.
Court. — She was not asked that question.
Rhymer. — I have seen linen at the bottom of the box ; but I did not open
it, to look at it ; neither can I swear to it.
Thomas Bii^t;, surgeon. — Mr. Farlow came to me at the Rainbow coffee-
house at Temple-bar, to ask me to go with tlie coroner, and view the bodies.
In the first room I found the young maid, Ann Price, lying in bed with her
hair loose, and only her shift on. Her chin was fixed down, as if done with
a design to hide the cuts iii her throat. I lii'ted her chin up, and found three
.*►#;.
.y
FOR MURDER. 315
incisions; one of them was not mortal, but the middle one divided the wind-
pipe, which was cut three parts through, and either this, or the third, was
sufficient for her death. Wounds in the windpipe, indeed, are not always
mortal, for they may sometimes be cured ; but, in a case like this, where the
great blood-vessels were cut, the unavoidable consequence must be death.
She had no head-clothes on, and her hair was loose, and she seemed to have
struggled hard for her life. In leaning over the bed, the mob pressed so hard
upon me, that I was in danger of having my legs broken, so that I was not
so particular in my observations as I could have been. The next body I
viewed, was that of Elizabeth Harrison : she was strangled, and it appeared
to have been done by some narrow string, as an apron-string, or a packthread.
It was pulled so tight that the skin was divided, and the mark very deep.
There was likewise the mark of knuckles on the wind-pipe, and the blood
had gushed out at her nose. She had a gown and petticoat on, and a pair of
stockings. I knew her when I was an apprentice. She had sore legs, and
for that reason might lie in her stockings. Her gown seemed to be a sort of
bed-gown, and I believe, being old and infirm, she lay both in that and her
petticoat too. The last body was that of Mrs. Duncomb. There was a little
crease about her neck, which was just enough to give a suspicion that it was
made by a string being tied round, but the mark was so small, that had she
not been very ancient and weak, so that a little matter, indeed, would have
put an end to her life, one would hardly have thought that to have been the
cause of her death.
Counsel. — Did you see the strings on her apron ?
Bigg. — Yes, they were bloody at the ends.
Prisoner. — Might they not have been murdered with those strings, and no
blood appear in the middle "?
Bigg. — They might have been strangled without making the strings
bloody at all. But the strings being bloody at the ends, which when the
apron was tied on would hang before, the blood might come upon them in the
same manner as upon the rest of the apron, or it might be by folding the apron
before it was dry.
Prisoner. — If I had this apron, and did the murder in it, how is it possible
that my shift should be bloody both behind and before 1
Counsel. — My lord, we shall now show, that it was practicable for the door
to be bolted withinside by a person who was without.
William Farluw — Betwixt the door and the post there is a vacancy, through
which a man may put his finger. I put a packthread over the bolt withinside,
and then went without and shut the spring-lock, and then drew the bolt by the
packthread, and it shut very easily.
Mr. Peters. — There being a difficulty started how the door could be left
bolted withinside, I took Mr. Farlow, porter of the Temple, with me; he put
a string about the neck of the bolt, and then I shut him out, and he pulled the
bolt to by both ends of the string, and then letting go one end he pulled the
string out.
Roger Johnson. — The prisoner was brought to Newgate on Monday, Feb. 5.
I had some knowledge of her, because she used to come thither to see one
Johnson, an Irishman, who was convicted for stealing a Scotchman's pack.
She saw a room where the debtors were, and asked if she might not be in
that room. I told her it would cost her a guinea, and she did not look like
one that could pay so much ; she said, if it was two or three guineas, she
could send for a friend that could raise the money. Then she went into the
tap-house among the felons, and talked very freely with them. I called for a
link, and took her up into another room, where there were none but she and I.
Child, said I, there is reason to suspect that you are guilty of this murder, and
therefore I have orders to search you (though indeed I had no such orders) ;
and with that I began to feel about her hips and under her petticoats. She
desired to forbear searching under her because she was not in a condition, and
316 SARAH MALCOLM,
with that she showed me her shift, upon which I desisted. Then I examined
down her hosoni, and feeling- under her arms she started, and threw back her
head. I clapt my hand to her head, and felt something- hard in her hair, and
pulling off Jier cap, I found this bag of money. I asked her how she came by
it, and she said it was some of Mrs. Duncomb's money ; " but, Mr. Johnson,"
said she, " I'll make you a present of it if you will but keep it to yourself,
and let nobody know any thing of the matter; for the other things against me
are nothing but circumstances, and I shall come off well enough, and there-
fore I only desire you to let me have threepence or sixpence a day till the ses-
sions is over, and then I shall be at liberty to shift for myself." I told the
money over, and, to the best of my knowledge, there were 20 moidores, 18
guineas, 5 broad pieces, I think one was a 25s. piece, and the others 23s.
pieces, a half broad piece, 5 crowns, and 2 or 3 shillings : I sealed them up
in the bag, and here they are.
Court. — How did she say she came by the money'?
Johnson. — She said, she took this money and this bag from Mrs. Duncomb,
and begged me to keep it secret. My dear, said I, J would not secrete the
money for the world. She told me too, that she had hired three men to swear
the tankard was her grandmother's, but could not depend upon them; that the
name of the one was William Denny, another was Smith, and I have forgot
the third. After I had taken the money away, she put a piece of mattrass in
her hair, that it might appear of the same bulk as before. Then I locked her
up, and sent to Mr. Alstone, and told him the story ; and, said I, do you stand
in a dark place to be witness of what she says, and I'll go and examine her
again.
Prisoner. — I tied my handkerchief over my head to hide the money, but
Buck happening to see my hair fall down, he told Johnson ; upon which
Johnson came to me, and said, I find the coles planted in your hair, let me
keep it for you, and let Buck know nothing of it. So I gave Johnson five
broad pieces, and twenty-two guineas, not gratis, but only to keep for me, for
I expected it to be returned when the sessions was over. As to the money, I
never said I took it from Mrs. Duncomb, but he asking what they had to
swear against me, I told him only a tankard ; he asked me if that was Mrs.
Duncomb's, and I said yes.
Court. — Johnson, were those her words % " this is the money and bag that
I took."
Johnson. — Yes ; and she desired me to make away with the bag.
Mr. .tllstone. — On the day she was committed, Mr. Johnson sent for me, and
said he had found a bag of money in her hair, and would have had me take it,
but I refused. I asked him where the bag was, he said he had left it with
her. I told him he should have taken that too, because there might be some
marks upon it. He said he would call her, and get it from her, and desired
me to stand out of sight, and hear what she said. I accordingly stood in a
dark place, and she came \ip and delivered a bag to him, and desired him to
burn it, or destroy it in some way or other. She said she only wanted wit-
nesses to swear to the tankard, and for all the rest she could do well enough.
She afterwards told me part of the money that was found on her was Mrs.
Duncomb's, and taken out of her chamber ; that two men and a woman were
concerned with her, and that she herself was the contriver, and laid the
scheme of the robbery, that she let them in, and sat upon the stairs to watch
while they committed the fact, but that she knew nothing of the murder ;
that one Will Gibbs had been with her from the two Alexanders (the men
who she said were concerned with her), and that she had sent them ten
guineas.
Counsel. — My lord, we have here information upon oath before sir Richard
Urocas.
Cottrt If it is upon oath it cannot be read, for persons are not to swear
against themselves ; all examinations ought to be taken freely and voluntarily,
*'lr
:^
FOR MURDER. 317
and not upon oath, and then we can read them. Indeed, if afterwards the
examinant will accuse others, his examination may be taken separately upon
oath, but then it is not to be brought in evidence against him.
Prisoner. — Johnson swears he found twenty moidores on me, and Mrs. Rhy-
mer swore there were but eighteen lost.
Court. — .She was not positive, but said there might be about so many.
The prisoner, in her defence, spoke as follows : — Modesty might compel
a woman to conceal her own secrets, if necessity did not oblige her to the
contrary : and 'tis necessity which obliges me to say, that what has been
taken for the blood of the murdered person, is nothing but the free gift of
nature.
This was all that appeared on my shift, and it was the same on my apron,
for I wore the apron under me next to my shift. My master, going out of
town, desired me to lie in his chamber, and that was the occasion of my foul
linen being found there. The woman that washed the sheets I then lay in,
can testify that the same was upon them; and Mr. Johnson, who searched
me in Newgate, has sworn that he found my linen in the like condition.
That this was the case is plain ; for how was it possible it could be the blood
of the murdered person] if it be supposed I killed her with my clothes on,
my apron indeed might be bloody, but how should the blood come upon my
shift ? if I did it in my shift, how should my apron be bloody, or the back
part of my shift ? and whether I did it dressed or undressed, why was not the
neck and sleeves of my shift bloody, as well as the lower parts'?
I freely own that my crimes deserve death ; I own that I was accessary to
the robbery, but I was innocent of the murder, and will give an account of
the whole affair.
I lived with Mrs. Lydia Duncomb about three months before she was mur-
dered ; the robbery was contrived by Mary Tracy, who is now in confinement,
and myself, my own vicious inclinations agreeing with hers. We likewise
proposed to rob Mr. Oaks, in Thames-street; she came to meat my master's,
Mr. Kerrel's chambers, on the Sunday before the murder was committed ; he
not being then at home, we talked about robbing Mrs. Duncomb ; I told her I
could not pretend to do it by myself, for I should be found out. No, said she,
there are the two Alexanders (Thomas and James) will help us. Next day
I had seventeen pounds sent me out of the country, which I left in Mr. Ker-
rel's drawers. I met them all in Cheapside the Friday following, and we
agreed on the next night, and so parted.
Next day, being Saturday, I went between seven and eight in the evening,
to see Mrs. Duncomb's maid, Elizabeth Harrison ; she was very bad. I
staid a little while with her, and went down, and ^lary Tracy and the two
Alexanders came to me about ten o'clock, according to appointment. She
would have gone about the robbery just then, but I said it was too soon.
Between ten and eleven, she said, we can do it now. I told her I would go
and see ; and so I went up-stairs, and they followed me. I met the young
maid on the stairs with a blue mug; she was going for some milk to make a
sack posset. She asked me who those were that came after me'? I told
her, they were people going to ■Mr. Knight's below. As soon as she was
gone, I said to Mary Tracy, Now do you and Tom Alexander go down, I
know the door is left ajar, because the old maid is ill, and can't get up to
let the young maid in when she comes back. Upon that, James Alexander,
by my order, went in and hid himself under the bed; and, as I was going
down myself, I met the young maid coming up again. She asked me if I
had spoke to Mrs. Betty'? I told her no; though I should have told her
otherwise, but only that I was afraid she might say something to Mrs. Betty
about me, and Mrs. Betty might tell her I had not been there, and so they
might have a suspicion of me. I passed her and went down, and spoke
with Tracy and Alexander, and then went to my master's chambers, and
stirred up the fire. I staid about a quarter of an hour, and when I came back,
2 D-2
318 SARAH MALCOLM, .:;^ '
I saw Tracy and Tom Alexander sitting on Mrs. Duncomb's stairs, and I sat
down with them. At twelve o'clock we heard some people walking, and by
and by Mr. Knight came, went to his room, and shut the door. It was a very
stormy night; there was hardly anybody stirring abroad, and the watchman
kept up close, except just when they cried the hour. At two o'clock another
gentleman came and called the watch to light his candle, upon which I went
further up-stairs, and soon after this, I heard Mrs. Duncomb's door open;
James Alexander came out, and said, now is the time. Then Mary Tracy
and Thomas Alexander went in, but I staid upon the stairs to watch. I had
told them where Mrs. Duncomb's box stood. They came out between four
and five, and one of them called to me softly, and said, hip ! how shall I shut
the door"? Says I, 'tis a spring-lock; pull it too, and it will be fast; and so
one of them did. They would have shared the money and goods upon the
stairs, but I told them we had better go down ; so we went under the arch by
Fig-tree court, where there was a lamp ; I asked them how much they had
got "? they said they had found fifty guineas, and some silver in the maid's purse ;
about £100 in the chest of drawers, besides the silver tankard, and the
money in the box, and several other things ; so that, in all, they had got the
value of about £300 in money and goods. They told me they had been forced
to gag the people ; they gave me the tankard, with what was in it, and some
linen, for my share, and they had a silver spoon and a ring, and the rest of
the money among themselves. They advised me to be cunning, and plant
the money and goods under ground, and not be seen to be Jlush; then we
appointed to meet at Greenwich, but we did not go.
I was taken in the manner the witnesses have sworn, and carried to the
watch-house, from whence I was sent to the Compter, and so to Newgate. I
own that I said the tankard was mine, and that it was left me by my mother:
several witnesses have sworn what account I gave of the tankard being bloody ;
I had hurt my finger, and that was the occasion of it. I am sure of death,
and therefore have no occasion to speak any thing but the truth. When I
was in the Compter, I happened to see a young man, whom I knew, with a
fetter on ; I told him I was sorry to see him there, and 1 gave him a shilling,
and called for half a quartern of rum, to make him drink. I afterwards went into
my room, and heard a voice call me, and perceived something poking behind
the curtain; I was a little surprised, and looking to see what it was, I found
a hole in the wall, through which the young man I had given the shilling
spoke to me, and asked me if I had sent for my friends ; 1 told him no. He
said, he'd do what he could for me, and so went away ; and some time after
he called to me again, and said, here's a friend. I looked through, and saw
William Gibbs come in. Said he, who is there to swear against you 1 I
told him my two masters would be the chief witnesses. And what can they
charge you with ] said he. I told him the tankard was the only thing, for
there was nothing else that I thought could hurt me. Never fear then, said
he, we'll do well enough ; we will get them that will rap the tankard was
your gTandmother's, and that you was in Shoreditch the night the fact was
committed ; and we'll have two men that shall shoot your two masters. But,
said he, one of the witnesses is a woman, and she won't swear under four
guineas ; but the men will swear for two guineas each, and he brought a
woman and three men. I gave them ten guineas, and they promised to wait
for me at the 13ull-head in Bread-street ; but when I called for them, when I
was going before sir Richard Brocas, they were not there. Then I found I
should be sent to Newgate, and I was full of anxious thoughts ; but a young
man told me, I had better go to Newgate than to the Compter.
When I came to Newgate, I had one shilling and six-pence, in silver, be-
sides the money in my hair, and I give eighteen-pence for my garnish ; I was
ordered to a high place in the jail. Buck, as I said before, having seen my hair
loose, told Johnson of it, and Johnson asked me, if I had got any cole planted
there ] He searched and found the bag, and there was in it, thirty-six moidores,
FOR MURDER. 319
eighteen guineas, five crown-pieces, two half-crowns, two broad pieces of
twenty-five shillings, four of twenty-three shillings, and one half broad piece.
He told me I must be cunning, and not he seen to be flush of money. I
desired him to keep it for me, till I got clear, and only let me have a little
now and then as I wanted it; then, said he, do you know anybody that will
swear for you ? No, said I, can you help me to any 1 I would not do such
a thing for the world, said he, if I thought you guilty : so he took the money,
and we parted ; but in a little time he came down again, and said, what have
you done with the bag ? I have it, said I, but what would you advise me to
do with it ■? Why, said he, you might have thrown it down the necessary-
house, or have burned it, but give it me, and FU take care of it; and so I
gave it him. Mr. Alstone then brought me to the condemned hole, and ex-
amined me ; I denied ail, till I found he heard of the money, and then I knew
my life was gone ; and therefore I confessed all that I knew. I gave him the
same account of the robbers as I have given new. I told him I heard my
masters were to be shot, and I desired him to send them word. I described
Tracy and the two Alexanders, and when they were first taken, they denied
that they knew Mr. Oaks, whom they and I had agreed to rob.
All that I have now declared is fact, and I have no occasion to murder
three persons on a false accusation : for 1 know I am a condemned woman ;
I know I must suffer an ignominious death, which my crimes deserve, and 1
shall suffer willingly. I thank God that he has given me time to repent,
when I might have been snatched off in the midst of my crimes, and with-
out having an opportunity of preparing myself for another world.
My lord, as there was more money found upon me than belonged to Mrs
Duncomb, I hope your lordship will be so good as to order what was my
own to be returned to me.
Court. — The court cannot determine whose property the money is, till the
jury have brought in their verdict.
The jury then withdrew, and, in about a quarter of an hour, brought in
their verdict, Guilty — Death.
The ordinary, in his account of this malefactor, informs us, that she was
twenty-two years of age, descended of honest, creditable parents, in the
county of Durham.
Her father, she said, had a pretty estate, about £100 a year, which he
soon ran out, and then with the reversion of it, he and her mother, who was
an Irish woman, went to Dublin, and there they purchased a public place of
the city, lived in good credit, and gave her a good education at school, in
reading, writing, and such other things as are proper for a girl above the meanest
rank of the people. She lived with her father and mother, who made much
of her, because of her sprightly temper, a considerable time; till some years
after, her parents coming to London, about certain affairs, she came with
them; and some time after that, approaching to woman's estate, she went to
service, and was in several good families, where she gave satisfaction, and
was never blamed for her dishonesty. Her father returning to Dublin, her
mother died soon after ; about which time she got to be one of the laundresses
in the Temple. Before this, she was a servant at the Black-Horse ale-house,
where she renewed her former acquaintance with Mary Tracy, and became
acquainted with the two Alexanders.
As to the murders, burglary, and robbery, for which she was mdicted and
found guilty, she gave much the same account as she did in court, in her
defence ; we shall not therefore tire the reader's patience with a repetition.
As to her behaviour, after her commitment, she no sooner entered New-
gate, but she cried out, / am a dead woman. She was conveyed to the Old
Condemned Hole, as the most proper place for securing her, and a person was
appointed to watch her, from an apprehension that she intended to take away
her own life. These fears were occasioned from her appearing to be ex-
tremely ill and out of order; her sick fits were succeeded by vomitings of
320 SARAH MALCOLM.
clotted blood, and her persisting during these ails to refuse taking any thing
to comfort her, or support nature. IMr. Snowd, a surgeon, after examining
into her case, declared it as his opinion, that her illness might be occasioned
by a preternatural hurry of spirits, and was not dangerous. However, she
would sometimes fall into strange agonies, rolling her eyes, clenching her
hands, &c. particularly once, when her farmer master came to see her, she
fell into an extraordinary disorder, grasping the keeper's legs, so as scarcely
to be got oft'; when she came to lierself, all the reason she assigned was,
that she could not endure to see any of her acquaintance.
When she was informed that Mary Tracy and the two Alexanders were
seized, she appeared pleased, and smiled, saying, with seeming satisfaction,
I shall die now with pleasure, since the murderers are taken. When the
boys and the women were shown to her, that she might see whether they
were the persons whom she accused, she immediately said. Ay, these
are the persons who committed the murder. And said to Tracy, you know
this to be true, which she pronounced with a boldness that surprised all who
were present. Then addressing her again, said, see, Mary, what you have
brought me to; and it is through you and the two Alexanders, that I am
brought to this shame, and must die for it ; ycu all promised me you would do
no murder, but to my great surprise I found the contrary.
Some gentlemen who came to see her in the press-yard, importuning her to
make a frank discovery of the murder, she answered with some heat. After I
have been some time laid in my grave, it will be found out. Some people of
fashion asking her if she was settled in her mind, and resolved to make no
further confession ; she said, that as she was not concerned in the murder, she
hoped God would accept her life as a satisfaction for her manifold sins.
On Sunday, about six o'clock in the afternoon, as some people were in her
room, she fell into a grievous agony, which lasted for some time with all
imaginable signs of terror and fright. One of the keepers coming in said,
Sarah, what's the matter 1 what has happened to put you in this disorder I
when she pretended it was occasioned by her being told at chapel that she
was to be hanged in Fleet-street among all her acquaintance, which, she said,
gave her inexpressible pain. The keeper replied, I am afraid, Sarah, that
is not the truth ; when the death-warrant came down, I acquainted you that
you were to die there, so it is not probable that should surprise you so much
now. Take my advice, and make a full confession, and you'll find your mind
much easier. To this she said not a w'ord.
When the bellman came into Newgate to give notice to the prisoners who
were to die on IMonday, somebody called to Sarah Malcolm, and bid her mind
what he said ; she, looking out of the window, answered, she did ; and as
soon as he had done, said, d'ye hear, Mr. Bellman, call for a pint of wine,
and I'll throw you a shilling to pay for it; w-hich she did accordingly.
Sunday night, about ten^o'clock, she called to Chamb-ers, one of the pri-
soners who were to die the next day, and who was in a cell over-a gainst her
window, and bid him to be of good comfort, and asked him if she should pray
along with him? He answered, yes, Sarah, with all my heart. Upon which
she began to pray very fervently, and continued to do so for the best part of
the night, till all her candles were burnt out : then she exhorted him not to go
to sleep, but to pray to God to forgive him for all his past otfences ; your time,
said she, is short as well as mine, and I wish I were to go with you.
JOSEPH BARETTI. 321
JOSEPH BARETTI,
FOR MURDER.
At the sessions held at the Old Bailey in November, 1769, Mr. Baretti
was broug-ht to his trial, for the murder of Evan Morgan, on the 6th of Octo-
ber preceding-, when the substance of the evidence against him was to the
following effect.
Elizabeth Ward deposed, that between nine and ten at night, on the Gth
of October, she heard a woman, whom she had never seen before, ask the
prisoner to give her a glass of wine, and at the same time take hold of hira
in a manner inconsistent with decency ; that the prisoner proceeded forward,
but, soon turning back, doubled his fist, and struck this deponent a violent
blow on the face; that on her screaming out, three men came up, and de-
manded how he could strike a woman, and thrusting at him once or twice,
pushed him off tiie pavement. At this time, she said, Baretti drew a knife,
while the men followed him, calling out murder! he has a knife out I and
this deponent believed that the deceased was stabbed at this juncture.
The deposition of Thomas Patman was to the following effect: that he
had been in company with a Mr. Clark, and the deceased, on the night above
mentioned ; that he saw Mr. Baretti strike a woman, whom he did not know,
on the head, and on her screaming out, Morgan and Clark pushed Patman,
though not with much violence, against Baretti, who gave him a blow on
the left side, in consequence of which the blood ran down into his shoe ; and
then he called out he was stabbed ; that Baretti retreated ; that Morgan fol-
lowed him about half-way up Panton-street, where Morgan received a wound
from the prisoner in Patman's presence, in consequence of which he fell to
the ground.
The testimony of John Clark confirmed, in several particulars, that of the
preceding evidence ; but, on his being cross-examined, he acknowledged that
Patman did not know he was stabbed till Mr. Baretti ran into Panton-street.
He likewise owned, that he had sworn before the coroner, that Morgan col-
lared Baretti before he knew Patman was wounded ; and that one of the
women said, the prisoner ought to have a blow on the head with her patten.
The evidence of Mr. Lambert, a tallow-chandler in Panton-street, was to
the following effect: he said that Mr. Baretti ran into a grocer's shop opposite
his house ; that Patman was standing at tlie door, with the blood running down
his shirt, and said that a gentleman in the shop had stabbed him. Mr. Baretti
had at that time a knife in one hand, and a silver case over the blade, which
was bloody. Mr. Lambert, who was then in the office of constable, called to
Baretti to surrender; and, immediately running towards him, seized him,
and took him into custody, in order to convey him before a magistrate.
Morgan having been carried to the Middlesex hospital, one of the patients,
who had been there at the time, declared, that he had heard the deceased
say, that he saw a gentleman assault two women ; on which, without intend-
ing to give offence, he went to assist them ; when Baretti stabbed him in two
places, and that he then turned round, and stabbed him a third time ; and that
the third wound hurt liim more than the two former.
The testimony of Mr. Wyatt, the surgeon who attended Morgan, imported,
that the deceased received three wounds, one of which, being in the belly,
was the immediate occasion of his death.
This being the substance of the evidence on the trial, Mr. Baretti read the
following defence.
" On Friday, the 6th, I spent the whole day at home, correcting my Italian
and English dictionary, which is actually reprinting and working off; and
upon another book in four volumes, which is to be published in February
41
322 JOSEPH BARETTI,
next, and has been advertised in the newspapers. 1 went, a little after four,
to the club of Royal Academicians in Soho, wliere I stopped about half an
hour, waiting for my friends and warming- myself in the club-room.
" Upon nobody's coming, I went to the Orange colfee-house, to see if a
letter was come for me (for my letters come there), but there was none. I
went back to go to the club, and going hastily up the Hay-market, there was
a woman at a door; they say there were two, but I took notice of but one,
as I hope God v/ill save me ; there might have been two, though I only saw
one ; that is a fact. There was a woman eight or ten yards from the corner
of Panton-street, and she clapped her hands with such violence about my
private parts that it gave me great pain. This I instantly resented, by giving
her a blow on the hand, with a few angry words. The woman got up di-
rectly, raised her voice, and finding by my pronunciation I was a foreigner,
she called me several bad names, in a most contumelious strain ; among
which French bougre, d d Frenchman, and a woman-hater, were the most
audible.
" I had not quite turned the corner, before a man made me turn back, by
giving me a blow with his fist, and asking me how I dare strike a woman;
another pushed him against me, and pushed me otf the pavement ; then three
or four more joined them. I wonder I did not fall from the high step which
is there. The patli-way is much raised from the coach-way. A great num-
ber of people surrounded me presently, many beating me, and all d g me
on every side, in a most frightful manner. I was a Frenchman in their opi-
nion, which made me apprehensive I must expect no favour nor protection,
but all outrage and blows.
"There is generally a great puddle in the corner of Panton-street, even
when the weather is fine ; but that day it had rained incessantly, which made
it very slippery. I could plainly perceive my assailants wanted to throw me
into the puddle, where I might be trampled on ; so I cried out, murder ! There
was a space in the circle, from whence I ran into Panton-street, and endea-
voured to get into the footway. I was in the greatest horror, lest I should
run against some stones, as I have such bad eyes. I could not run so fast as
my pursuers, so that they were upon me, continually beating and pushing
me, some of them attempting to catch me by the hair-tail ; if this had hap-
pened, I had been certainly a lost man. I cannot absolutely fix the time and
place where I first struck. I remember, somewhere in Panton-street, 1 gave
a quick blow to one who beat off my hat with his fist.
" When I was in Oxendon-street, fifteen or sixteen yards from the Hay-
market, I stopped and faced about. My confusion was great, and seeing a
shop open, I ran into it for protection, quite spent with fatigue. I am cer-
tainly sorry for the man ; but he owed his death to his own daring impetu-
osity. Three men catne into the shop ; one of them cried to me to surrender
myself to him, who was a constable, I asked them if they were honest men,
and friends ; they said yes. I put up my knife, desired them to arrest me ;
begged they would send for a coach, and take me to sir John Fielding.
"1 appeal to them how I behaved when I surrendered, and how thankful
I was for their kind protection. Sir John heard what I and the men had to
say. They sent me into a room below, from whence I despatched a man to
the club in Gerrard-street, where sir Joshua Reynolds and other gentlemen
came to me.
" A messenger was despatched to the Middlesex hospital, where they said
Morgan was carried. A surgeon came, and took his oath that Morgan was
in danger. Sir John committed me to Tothill-fields bridewell. Two gentle-
men, as well as the constable, can witness to my behaviour when the coach-
man lost his way, which forced us to alight in the mire and darkness, in
order to find the way to Tothill-fields bridewell. I humbly conceive this will
show I had no intention of escaping. That woful night I passed without
rest.
FOR MURDER. 323
" My face had been observed to be hurt, while 1 was at sir John Fielding's ;
and the constable was the first who took notice of a blow I had received on
the chin. But when the heat and fear had subsided, I found a great pain in
divers parts of my body. Mr. Molini and Mr. Low, being with me, desired
me to let them see what was the matter with my back, wliich I complained
of. I stripped, and they saw several bruises.
"This, my lord, and gentlemen of the jury, is the best account I can give
of my unfortunate accident ; for what is done in two or three minutes, in fear
and terror, is not to be minutely described ; and the court and jury are to
judge. I hope your lordship and every person present, will think that a
man of my age, character, and way of life, would not spontaneously quit
my pen to engage in an outrageous tumult. I hope it will easily be conceiv-
ed, that a man almost blind could not but be seized with terror on such a
sudden attack as this. I hope it will be seen, that my knife was neither a
weapon of offence or defence ; I wear it to carve fruit and sweetmeats, and
not to kill my fellow-creatures.
" It is a general custom in France not to put knives upon the table, so that
even ladies wear them in their pockets for general use. I have continued to
wear it after my return, because I have found it occasionally convenient.
Little did I think such an event would have happened. Let this trial turn
out as favourable as my innocence may deserve, still my regret will endure as
long as life shall last.
"A man who has lived full fifty years, and spent most of that time in a
studious manner, I hope, will not be supposed to have voluntarily engaged
in so desperate an affair. I beg leave, my lord and gentlemen, to add one
thing more. Equally confident of my own innocence, and English discern-
ment to trace out truth, I did resolve to waive the privileges granted to fo-
reigners by the laws of this kingdom ; nor was my motive a compliment to
this nation ; my motive was my life and honour, that it should not be thought
I received undeserved favour from a jury part of my own country. I chose
to be tried by a jury of this country ; for, if my honour is not saved, I cannot
much wish for the preservation of my life. I will wait for the determination
of this awful court with that confidence, I hope, which innocence has a right
to obtain. So God bless you all."
Several gentlemen now appeared in behalf of Mr. Baretti ; among whom,
Mr. Lambert proved that he had received a blow ; that his hat was lost, and
that his face was swelled.
Mr. Molini swore, that on the day after the affray, he had observed a swell-
ing on Mr. Baretti's cheek, and several bruises on his back and shoulder;
and Mr. Low deposed, that when he visited Mr. Baretti in prison, he had
seen six or seven bruises on different parts of his body.
Justice Kelynge, major Alderton, and Mr. Petrin, deposed, that some aban-
doned women, attended by bullies, had severally attacked them in an indeli-
cate way in the Haymarket.
To the character of Mr. Baretti appeared sir Joshua Reynolds, Dr. John-
son, Mr. Fitzherbert, and Edmund Burke, esq., all of whom represented him
as a man of benevolence, sobriety, modesty, and learning. The honourable
Mr. Beauelerk, Mr. Garrick, and Mr. Molini, all confirmed this testimony,
adding, that persons w^ho travel in foreign countries are accustomed to carry
such knives as that which had been unhappily made use of by the prisoner.
After considering the whole matter, the jury acquitted Mr. Baretti of mur-
der and manslaughter, and gave a verdict of self-defence.
324 MUNGO CAMPBELL,
MUNGO CAMPBELL,
FOR MURDER.
MuNGO Campbell was a descendant of the noble family of Argyle, and was
born at Ayr, in Scotland, in the year 1721. His father, who was a merchant
of eminence, had been mayor of the town, and a justice of peace; but having
twenty-four children, and meetino; with many losses in his commercial con-
nexions, it was impossible for him to make any adequate provision for his
family; so that on his death, the relations took care of the children, and
educated them in the liberal manner which is customary in Scotland. Mungo
was protected by an uncle, who gave him a good education; but this generous
friend dying when the youth was about eighteen years of age, left him sixty
pounds, and earnestly recommended him to the care of his other relations.
The young man was a finished scholar; yet seemed averse to make choice
of any nf the learned professions. His attachment appeared to be to the mi-
litary life, in which line many of his ancestors had most gloriously distin-
guished themselves. He now entered himself as a cadet in the royal regi-
ment of Scotch Grays, then commanded by his relation, general Campbell,
and served during two campaigns at his own expense in the hope of gaining
military preferment. After the battle of Dettingen, at which he assisted, he
had an opportunity of being appointed quarter-master, if he could have raised
one hundred pounds ; but this place was bestowed on another person, while
Campbell was making fruitless applications for the money. Thus disap-
pointed of what he thought a reasonable expectation, he quitted the army, and
went into Scotland, where he arrived at the juncture when the rebels had
quitted Edinburgh, in 1745. Lord Loudon then had the command of the
royal Highlanders, who exerted so much bravery in the suppression of the
rebellion. Mr. Campbell, being related to his lordship, fought under him with
such bravery as did equal credit to his loyalty and courage.
Not long after the decisive battle of Culloden, lord Loudon procured his
kinsman to be appointed an officer of the excise ; and prevailed on the com-
missioners to station him in the shire of Ayr, that he might have the happi-
ness of residing near his friends and relations. In the discharge of this new
duty, Mr. Campbell behaved with strict integrity to the crown, yet with so
much civility, as to conciliate the affections of all those with whom he had
any transactions. He married when he was somewhat advanced in life; and
so unexceptionable was his whole conduct, that all the nobility and gentry in
the neighbourhood, the earl of Eglington excepted, gave him permission to
kill game on their estates. However, he was very moderate in the use of
this indulgence, seldom shooting but with a view to gratify a friend with a
present, hardly ever for his own emolument. He had a singular attachment
to fishing; and a river in lord Eglington's estate affording the finest fish in
that country, he would willingly have angled there ; but his lordship was as
strict with regard to his fish as his game.
Being one day in search of smugglers, and carrying his gun, he was cross-
ing part of lord Eglington's estate, when a hare starting up, he shot her. His
lordship hearing the report of the gun, and being informed that Campbell had
fired it, sent a servant to command him to come to the house, Campbell
obeyed, and was treated very unkindly by his lordship, who even descended
to call him by names of contempt. The other apologized for his conduct^
which he said arose from the sudden starting of the hare, and declared that
he had no design of giving offence. A man named Bartleymore was among
the servants of lord Eglington, and was a favourite of his lordship ; this man
had dealt largely in contraband goods. Mr. Campbell, passing along the sea-
shore, met Bartleymore with a curt, containing eighty gallons of rum, which
FOR MURDER. 325
he seized as contraband, and the rum was condemned, but the cart restored,
as being the property of lord Eglington. Bartleymore was now so incensed
against^Campbell, that he contrived many tales to his disadvantage, and at
length engaged his lordship's passion so far, that he conceived a more unfa-
vourable opinion of him than he had hitherto done ; while Campbell, con-
scious that he had only discharged his duty, paid little or no attention to the
reports of his lordship's enmity. About ten in the morning of the 24th of
October, 1769, Campbell took his gun, and went out with another officer with
a view to detect smugglers. The former took with him a licence for shoot-
ing, which had been given him by Dr. Hunter; though they had no particu-
lar design of killing game. They now crossed a small part of lord Egliiig-
ton's estate, to reach the sea-shore, where they intended to walk. When
they arrived at this spot, it was near noon; and lord Eglington came up in
his coach, attended by Mr. Wilson, a carpenter, who was working for him,
and followed by four servants on horseback. On approaching the coast, his
lordship met Bartleymore, who told him that there were some poachers at a
distance. Mr. Wilson endeavoured to draw off his lordship's notice from
such a business, but Bartleymore saying that Campbell was among the
poachers, lord Eglington quitted his coach, and mounting a led horse, rode
to the spot, where he saw Campbell and the other officer, whose name was
Brown. His lordship said, Mr. Campbell, I did not expect to have found
you so soon again on my grounds, after your promise, when you shot the
hare. He then demanded Campbell's gun, which the latter declared he
would not part with. Lord Eglington now rode towards him; while Camp-
bell retreated, with his gun presented, desiring him to keep at a distance.
Still, however, his lordship advanced, smiling, and said, are you going to
shoot mel Campbell replied, I will, if you do not keep off.
Lord Eglington now called to his servants to bring him a gun, which one
of them took from the coach, and delivered it to another, to carry to their
master. Lr the interim, lord Eglington, leading his horse, approached Mr.
Campbell, whose gun he demanded ; but the latter would not deliver it. The
peer then quitted his horse's bridle, and continued advancing, while Campbell
still retired, though in an irregular direction, and pointed his gun towards his
pursuer. At length, lord Eglington came so near him, that Campbell said,
I beg- your pardon, my lord, but 1 will not deliver my gun to any man living;
therefore keep off, or I will certainly shoot you. At this instant, Bartleymore
advancing, begged Campbell to deliver his gun to lord Eglington; but the
latter answered, he would not, for he had a right to carry a gun. His lord-
ship did not dispute his general right, but said, that he could not have any to
carry it on his estate, without his permission. Campbell again begged par-
don, and still continued retreating; but with his gun in his hand, and pre-
paring to fire in his own defence. While he was thus walking backwards,
his heel struck against a stone and he fell, when he was about the distance
of three yards from his pursuer. Lord Eglington observing him fall on his
back, stepped forward as if he would have passed by Campbell's feet, which
the latter observing, reared himself on his elbow, and lodged the contents of
his piece in the left side of his lordship's body. At this critical juncture, the
servant above mentioned brought the gun from the coach, and Campbell
would have wrested it from his hands, but that Bartleymore came up just at
the very moment; and at this moment, lord Eglington, putting his hand to
his wound, said, I am killed.
A contest now ensued, during which Bartleymore repeatedly struck Camp-
bell; which being observed by lord Eglington, he called out, "do not use
him ill." Campbell, being secured, was conducted to the wounded man, then
lying on the ground, who said, " Mr. Campbell, I would not have shot you ;"
but Campbell made no answer. Lord Eglington's seat was about three miles
from the place where this fatal accident happened; and his servants put him
into the carriage to convey him home. In the mean time Campbell's hands
2E
326 MUNGO CAMPBELL. *
were tied behind and he was conducted to the town of Saltcotes, the place
of his former station as an exciseman. The persons who conducted him asked
him several questions, the answers to which were afterwards very ungene-
rously adduced on his trial, as collateral evidence of his guilt. Among other
things, he acknowledged that he would rather j)art with his life than his gun;
and that sooner than have it taken from him, he would shoot any peer of
the realm.
Lord Eglington died after languishing ten hours. Mr. Campbell was, on
the following day, committed to the prison of Ayr, and the next month re-
moved to Edinburgh, in preparation for his trial before the high court of jus-
ticiary; previous to which his case was discussed by counsel, and the fol-
lowing arguments were adduced in his favour.
" First, That the gun went ofl" by accident, and therefore it could be no
more than casual homicide.
" Secondly, That supposing it had been fired with an intention to kill, yet
the act was altogether justifiable, because of the violent provocation he had
received ; and he was doing no more than defending his life and property.
" Thirdly, It could not be murder, because it could not be supposed that
Mr. Campbell had any malice against his lordship, and the action itself was
too sudden to admit of deliberation."
The counsel for the prosecution urged in answer,
" First, That malice was implied in consequence of Campbell's presenting
the gun to his lordship, and telling him, that unless he kept oft" he would
shoot him.
" Secondly, That there was no provocation given by the earl besides
words, and words must not be construed a provocation in law.
" Thirdl}', The earl had a right to seize his gun in virtue of several acts
of parliament, which are the established laws of the land, to which every
subject is obliged to be obedient."
After repeated debates between the lawyers of Scotland, a day was at
length appointed for the trial, which commenced on the 27th of February,
1770, before the high court of justiciary ; and the jury having found Mr.
Campbell guilty, he was sentenced to death.
The lord justice clerk, before he pronounced the solemn sentence, address-
ed himself to the convict, advising him to make the most devout prepara-
tions for death, as all hopes of pardon would be precluded from the nature
of his offence. Through the whole course of the trial, the prisoner's behaviour
was remarkable for calmness and serenity ; and when it was ended he bowed
to the court with the utmost composure, but said not a single word in ex-
tenuation of his crime.
On his return to the prison he was visited by several of his friends, among
whom he behaved with apparently decent cheerfulness. After they had drunk
several bottles of wine they left him, and he retired to his apartment, begging
the favour of another visit from them on the following day; but in the morn-
ing (Feb. 28, 1770), he was found dead, hanging to the end of a form, which
he had set upright, having fastened a silk handkerchief round his neck.
•"It^
LUCRETIA CHAPMAN. 327
TRIAL OF LUCRETIA CHAPMAN, ' .
OTHERWISE CALLED LUCRETIA ESPOS Y MINA, WHO WAS JOINTLY INDICTED
WITH LINO AMALIA ESPOS Y MINA, FOR THE MURDER OF WILLIAM CHAP-
MAN, ESQ. LATE OF ANDALUSIA, COUNTY OF BUCKS, PENNSYLVANIA ; IN
THE COURT OF OYER AND TERMINER, HELD AT DOYLESTOWN, FOR BUCKS
COUNTY, FEBRUARY TERM, 1832.
Mr. Ross opened the case for the prosecution, as follows : —
May it please the court.
Gentlemen of the jury — The grand inquest of the county, at the last court
of Oyer and Terminer, returned to this court a bill of indictment, charging
the prisoner at the bar with the wilful, deliberate, and premeditated murder
of William Chapman, by administering poison. To this indictment she has
pleaded not guilty, and has put herself upon her God and her country for trial.
You, gentlemen, constitute that country, and you have just been solemnly
sworn or affirmed to decide upon her guilt or innocence, according to the evi-
dence that may be adduced before you. In fulfilling this duty, so solemn and
sacred in its character, you will no doubt be governed solely by a strict regard
to the public justice of the country, and the maintenance of those laws which
alone can secure us in the enjoyment of our lives, our liberty, and our property.
The crime of murder has occurred so frequently in this county within the last
few years, that it is calculated to awaken the fears of the community, and to
render it imperiously the duty of jurors to carry into execution the laws of
the commonwealth, without regard to the consequences that may follow a
verdict of conviction. Scarcely, indeed, has more than one year passed by
since there was placed at this bar, upon his trial, a brother charged with
having imbrued his hands in the blood of a brother. In the same bar, and
before a jury of the same county, there is now about to be placed upon her
trial, a vjife, charged with having been the destroyer and the murderess of
her husband.
Incredible as it may appear, that a crime so heinous in its character, and
evincing so much profligacy and depravity of heart, should have been perpe-
trated within the limits of this peaceable and moral community ; nevertheless,
the evidence which we shall lay before you, will irresistibly lead you to the
melancholy truth, that the prisoner at the bar is guilty of the otfence with
which she stands indicted.
The indictment which you are about to try contains three counts, and
charges Mrs. Chapman, jointly with another, with the perpetration of this
murder. She is indicted as a principal in all the counts. A principal in the
first degree is one who is the actor or absolute perpetrator of the crime. I
will not now trouble you with the law relative to principals, as it will be fully
detailed to you in the future progress of this case ; but will proceed to dis-
close to you the evidence which will be offered in support of this indictment,
and to which I now ask your serious and undivided attention. It appears that
some time in the month of May last, about twilight, there appeared at the
door of Mr. Chapman's residence a stranger calling himself Mina, and asking
permission to stay the night. Representing himself as the son of General
Mina, and as being poor and friendless, in a strange land, the permission was
not only granted, but he was seated at the family board, and partook in other
respects of the hospitality extended to him by the unfortunate husband of the
prisoner at the bar. He prolonged his stay at Andalusia, where Mrs. Chap-
man soon contracted that ill-fated intimacy with him, which alone could have
induced her to conspire against the life of her husband, and which is not only
about to bring upon her own head the vengeance of the law, but must, in
some measure, entail misery and disgrace upon her innocent and helpless
328 LUCRETIA CHAPMAN,
children. The evidence will disclose such a scene of profligacy and immo-
rality as has been seldom witnessed in this, or indeed in any other country.
Immediately after this stranger had taken up his residence in the family, Mrs.
Chapman virtually divorced herself from her husband. She treated him with
the greatest cruelty and indignity, and not only reproached him with the most
opprobious epithets, but repeatedly expressed a wish that he was gone. In
fact, all that affection and kindness which a wife should entertain for her hus-
band, seemed to have given place to the most deep and bitter hatred. Enter-
taining this dislike of her husband, it is not surprising tliat she should have
formed an illicit intercourse with this person, who had thus introduced him-
self into her family. The evidence will leave no doubt upon your minds
that such an intimacy had existed between them for some time previous to the
death of her husband. So wanton was her conduct, and so openly and shame-
lessly manifested, that it attracted not only the observation of her neighbours,
but of her own children and family. The maid-servant left the house in con-
sequence of the gross impropriety which she saw, and Mr. Chapman, the
husband, not only ordered Mina from the house, and complained of the ill
conduct of his wife, but wept bitterly over the misery and disgrace, which
she was almost daily inflicting upon him. Having laid before you this testi-
mony, we think that we shall have assigned a motive for this horrid transac-
tion, and have satisfied you that Mrs. Chapman was possessed of no moral
principle sufficient to restrain her from the commission of the dark and nefa-
rious deed with which she stands charged.
We will endeavour to show that a conspiracy existed between these indi-
viduals to poison Mr. Chapman. Mina, on the IGth of June, was in the city
of Philadelphia, and we shall be able satisfactorily to prove to you that he at
that time purchased of a respectable druggist a quantity of arsenic. He
stated that he was making a collection of birds, and that he wished the arse-
nic for the purpose of using it in their preparation ; whereas the evidence will
be clear and positive that he, at that time, could not have been engaged in col-
lecting birds. The next day after his return to Andalusia, Chapman was
taken sick. This sickness, when first taken, was of so slight a character
that the physician who saw him, on the 19th, did not deem it necessary to
visit him again. He grew better, and on Monday, the 2()th, Mrs. Chapman
prepared for him some chicken soup, which she took from the kitchen to the
parlour, for the purpose, as she stated, of seasoning it. When the soup was
taken to the parlour, she and Mina were the only persons left in the room.
We shall endeavour to prove to you by the declarations of jNIina, that Mrs.
Chapman at that time took the poison and mixed it with the soup. It was
taken to Mr. Chapman during the morning, and he took a small quantity of
it ; the remainder was thrown into the yard. In the evening of the same day,
the chicken of which the soup had been made, was taken up to him, and a
very small portion was eaten ; the remainder of this also was thrown into the
yard. The next day, the ducks of a neighbour, which had been in the yard
where the chicken was thrown, died in a very sudden, and at the time in a
very unaccountable manner. Immediately after taking the soup he grew
worse, and complained of a burning heat in the stomach. He said that some-
thing appeared like fire in his stomach, and that it was the seat of all his
misery and pain. In fact, every symptom of his disease indicated that arse-
nic had been administered to him. On Monday evening he was visited by a
friend, who found him in a great deal of pain, and sulfering for the want of
attention. He made a particular request, that this person would remain with
him that evening and take care of him, as his wife neglected to pay him any
attention. This friend stayed with him, as requested, until nearly 11 o'clock,
when Mrs. Chapman came into the room and requested him to retire. He
however, before he retired from the room, requested her to send for a physi-
cian. She declined doing so. He again earnestly besought her to permit
him to go for a physician, but she persisted in refusing, although her husband
FOR POISONING. 329
was then so ill that it was doubtful whether he could survive till morning.
No physician was sent for until a very late hour on Tuesday evening-, when
Dr. Knight was called in. Mrs. Chapman however refused to administer his
prescriptions, notwithstanding she was particularly enjoined to do so by the
physician himself. He lingered until the morning of the 23d, when he ex-
pired ; and on the 5th of July following, she married the individual with
whom, it is supposed, she conspired against the life of her husband. Three
months after his decease, circumstances having occurred which induced a
suspicion that he was poisoned, the body was disinterred, and a chemical
analysis made of the stomach by two distinguished chemists of Philadelphia.
In the opinion of these chemists, as well as in the opinion of the experi-
enced anatomists who examined the body, the death of Mr. Chapman was
occasioned by the administration of arsenic, and not by cholera morbus, as had
been alleged.
In addition to this testimony, we shall also lay before you a letter of Mrs.
Chapman, in which certain expressions are used, which will leave but little
doubt upon your mind, that they have reference to the crime of which she
now stands indicted. Her conduct, in various respects, furnishes, when taken
in connexion with the other circumstances of the case, very strong presump-
tive evidence of her guilt. Such, for instance, as assigning different reasons
to different individuals, when interrogated, as to the cause of her husband's
death ; treating him with so much cruelty and neglect during his sickness,
as induced him to complain to the rest of his family, that he believed his wife
wished him gone; and finally flying from the county upon the first intimation
that she was suspected. These circumstances will all be proved to you, and
will, I have no doubt, be suflicient, independent of the positive testimony, to
enable you to render a verdict of guilty.
The case does indeed afford another striking proof of the truth of the line,
that " blood, though it sleep a time, yet never dies."
TESTIMONY FOR THE PROSECUTION.
Wednesday morning, February 15.
Mary Palethorpe, affirmed : — (Witness is about twelve years of age.) I
lived last May, at Mrs. Chapman's. A person came there about dusk. He
said his father was governor of California — told this to Mr. and Mrs. Chap-
man, Mr. Foreman, Mr. Ash, Mr. Cruiser, and the children. He called him-
self Lino Amalia Espos y Mina. He asked to stay all night. They
permitted him to do so. They took him down to eat with us — I don't know^
exactly who took him down. I could not understand distinctly what was
said — Mrs. Chapman appeared to understand him the best. He said he
slept at the tavern below — they told him at the tavern he could not
stay there all night. He had on a light suit and a roundabout. When
he asked to stay all night, Mr. C. told him there was a tavern above
there — Mrs. C. said, I think we can lodge him to-night. This was all that
passed that night, that I recollect. He lodged in a nice room, and had a
feather bed — his room was not in the garret, but it was a room like a garret.
I think he said he came from Santa Fe de Bogota — he said his father sent
him to France with a doctor; the doctor died in church with a fit — he said the
people of France came and took his trunk, -which had a good deal of money
in, and the man's too : and told him he was only the man's servant. I was
away about a week from Mrs. C's. — Mina was there when I returned. I could
not say exactly there was any change in his appearance. I saw Mina and
Mrs. Chapman together often. Mina used to have fits, I believe. When he
had them we would all be in the room ; when they were going off, we were
all sent out of the room, except Mrs. C. — She staid in. I did not think he
had fits at all. Sometimes he would lie still, and sometimes not ; he would
get up and walk about after he had a fit. I have known Mina and Mrs
2 E 2 42
330 LUCRETIA CHAPMAN,
Chapman go into a room teg-ether and shut the door — I do not know that they
closed the windows. 1 don't think she treated her husband right. She called
him a fool, one Sunday, as we were going to church : this was after Mina
had come there. 1 do not recollect a dispute that took place at the breakfast
table. I recollect there was a difficulty between them in consequence of his
neglecting to call the people to breakfast. I could not tell it exactly as it
was — she told him to call them to breakfast, and he did not go right away ;
we were going to have prayers : because he did not go, she said she would
not have prayers, and they sat down — she took the prayer book and locked it
up. I think we had prayers afterwards, but none on that day. The person
in the bar is Mina. They rode together more than once, sometimes a long,
and sometimes a short time. They rode sometimes alone, and sometimes
with other persons — can't say^ how often they rode alone together. When
Mina came to the house he spoke bad English — I could not understand all
he said — his conversation appeared to be addressed to both Mr. C. and Mrs.
C. — Mrs. C. conversed principally with him. I can't say how long this was
before Mr. C.'s death. — I think Mr. and Mrs. C. had a difference about the
horse and carriage — I can't say exactly what it was — something about Mina
going to town : Mina wanted to go to town. — Mr. C. said he should not have
the horse and carriage. — Mrs. C. said he should. I think he did go :
Mr. Bishop went with him. Mr. C. gave no reason that I recollect for
not letting him have the horse and carriage. I cannot say how long this was
after Mina came to the house. I went to Mr. Chapman's to school. Mr.
Bishop came there to be cured of stammering — he said he came from Ver-
mont. I do not know where he is now. There were five scholars there —
Mr. Cruiser, Foreman, Ash, Fassit, and myself. I never heard her (Mrs. C.)
make use of any cross language to Mina.
Cross-examined by Mr. Brown I was at school at Mrs. Chapman's six
weeks altogether. Mrs. C. had the chief management of the school. I think
I had been there about two weeks when Mina came. I commenced school in
May. He arrived on 19th of May, I believe; about dusk. I was in the school-
room down-stairs — Mr. C, Mrs. C, the scholars, and the children were with
me. Mr. Foreman went to the door when Mina knocked. Mr. F. came in and
told Mr. Chapman there was somebody there wanted to see him. INIr. C.
told him to come into the room. Foreman brought him in. I don't know
exactly what Mina said, but he asked for a night's lodging. Mrs. Chapman
replied, she thought he could stay there all night. Mina said they had re-
fused him lodging at the tavern below. Mr. C. said there was a tavern
above. INIina said he came from Philadelphia that day% and was going to
Bonaparte's, for money, I believe. I don't remember he said he had been at
Bonaparte's. 1 don't remember his saying how he came to this country from
France — I think he said he had been very ill — I don't remember his saying
he had been subject to fits. He said he had been cupped. I was in the
room with them till supper time — then I left the room. I was present again
that evening when they were together. I don't think Mr. C. showed much
interest in him after he told his story. Mr. C. did not refuse him per-
mission to remain. No wayfaring strangers stopped there while 1 was there.
There was no room in the house called the beggar's room. Mr. Ash drove
the carriage when they went to Bonaparte's. 1 believe Mina went for money
— he expected to get it from Bonaparte. They set out directly after break-
fast— I don't know where Mr. C. was when they started — I was in the
piazza. I don't know of Mr. C.'s objecting to their going. I recollect Mr.
C. writing letters to Mina's relations — his father and mother. I was once in
the room when they were writing letters. Mina was in the room, and took
charge of the letters — he said he would take them to Philadelphia. He did
not say he would take them to the consul for the purpose of sending them to
his father. I have heard them speak of the consul. Mrs. C. accompanied
Mina to town when he took some of the letters. I did not understand from
FOR POISONING. 331
them that they had been to Philadelphia for letters. I think they said they
went to the consul's (Col. f -uesta). I believe they mentioned it to Mr.
C. I don't recollect what Mrs. C. said took place. — She said Mina dined
at the consul's. I do not remember that she said she understood at the con-
sul's that Mina was a distinguished man in his own country. I observed a
chang-e in his dress while he was at Mr. Chapman's — he had a new suit of
clothes — the first suit was brown. I do not remember Mr. Chapman ordering
him a suit of clothes. I remember his getting a suit of black ; he said his
sister had died. I don't know where he got it, nor that he applied to Mr. C.
to get it for him on account of his sister's death.
Me-examined by counsel fur prosecution. — The carriage they went into Bona-
parte's had a fall-back top — I never saw any letters from the Mexican consul
to Mina — I live in Bensalem, two and a half miles from Mr. Chapman's.
Ellen Shaw, second witness for prosecution, affirmed. — I lived at Mr. Chap-
man's last April a year, and left there last May. Mina came in the evening,
and asked for victuals and lodging. I was milking when he came — the dog
met him, and I called the dog away. He then came in, and was going to
the kitchen : I told him he could not get in there, and he had better go on
the piazza. So he went up, knocked at the door, and asked Mr. Chapman
if he could stay there all night. Mr. C. advised him to go to the tavern;
Mrs. Chapman took him into the room, and got to talking with him : so they
consented to let him stay all night. The next day she had a talk with him,
and concluded to let him stay a few days till he got rested.
A day or two after, he wanted to go to Bonaparte's — she concluded she
would go along with him in her carriage. They went in the morning, and
came back in the evening. After they came back, she said she had con-
cluded to let him stay three years; she was going to teach him English;
and he was to give her $2000 a year. I told her she had better let him
alone ; that he was a Spaniard, and a body did not know what he might do.
She said he was a fine young man, and she was going to take him in as
her own son ; and that she would be a mother to him, and her children would
he sisters and brothers to him. After that, Mrs. Chapman and Mina were
in the room together almost all the time. A few days after, they went to
town ; they went on Monday morning, and it was expected they would be
back on Monday night; they did not get back till Wednesday night. Mr.
Chapman was dreadfully uneasy about their going away. He said he was
really afraid there would be murder either on his own side or on Mina's —
this was on Tuesday night, when they did not come home. Mrs. Chapman
gave Mina some of Mr. Chapman's fine linen shirts — she gave him one the
night he came there, I believe. She gave him a suit of blue clothes. They
went to town together, and he got a black suit, but whether she gave it to him
I cannot say. I don't know that I ever heard Mr. Chapman say any thing
to Mrs. C. respecting her conduct. I have heard Mrs. C. tell her husband
she was mistress in her own house, and she would do as she pleased. I have
heard her say so several times. This was said after Mina came there. I don't
know any more than that they used to be together. I was in the kitchen, and
they were up-stairs. They used to be together all the time — I used to see
them kiss each other — this was before the death of Mr. Chapman. I left
there about two weeks before he died. She used to be up in his room a good
deal. I don't know that I know any thing else. Mr. Chapman slept in the
room where he always did, after Mina came to the house. Mrs. Chapman
also slept in the room where she always did. I can't say that all the time I
was there she slept in the room with Mr. C. There was one night when he
had fits, that she was up with him all night. No other person was up with ^,
him. I have often seen her in Mina's room ; I have seen her there in the even- *
ing and in the day time, and especially when he would have those spells.
I have seen her in the morning come down-stairs. I have seen Mrs. Chap-
man sitting on Mina's bed. 1 saw her do this in the evening about eight or
333 LUCRETIA CHAPMAN,
nine o'clock. No other person was in the room — Mina was lying upon the
bed at the time, whether dressed or not I do not know. Mrs. Chapman had
on her night-clothes. I saw her at another time in Mina's room in the day
time — I went to ask her what kind of a poultice I was to make fur the old
gentleman's face — Mr. Chapman wanted me to make a poultice, and I did
not know what kind to make. I did not speak to her then ; I came away
from the door, and went and made a bread and milk poultice. I did not like
to disturb her, as she was sitting there talking. She said nothing to me. I
once went out riding with them. My reason for leaving there was, there
were things I did not like to see; her proceedings and Mina's I did not like;
my folks were against my staying there. There was nothing more than what
I have mentioned — my folks heard a great deal of talk about them. (This was
the reason given why the witness's friends objected to her staying.)
When I went out riding with Lino and Mrs. Chapman, we went to .Joseph
Wright's, near Bustleton. He was lying in INIrs. C.'s lap nearly all the way,
singing love songs. When we got to .loseph Wright's, they went out into
the woods together, and were gone for two or tliree hours. We returned that
night. Lino had one of his spells in the carriage, and we had to change
seats — I got before to drive, and he got into the back seat, where he soon got
better.
I left Chapman's the following week. I can hardly describe the spells
(of Mina), he behaved so queer. They did not appear to affect his general
health. He was soon over them. Mrs. C. generally attended him when he
had these fits.
Mrs. C. and her husband did not live upon very good terms — he complained.
I have heard Mrs. C. scolding him. She spoke pretty harsh sometimes, —
she wished he was gone from the house, and would get ready and start ; —
she used to tell him she was ashamed of him ; — she said she wished to ***
he was gone, for she was tired of him. This was after Mina came to the
house. After Mina came, I observed a change in Mrs. C.'s conduct ; she seemed
as if she was weaned from Mr. Chapman and her family. I one day saw
Mrs. C. give her husband a push with her foot. She was very angry, but
said nothing.
Cross-examined by Mr. Brown. — T have been examined at the coroner's
jury; in the (grand) jury room ; and once at Cornwell's by esquire Barker. I
don't know that I ever told the story except when I have been called. I have
been talking something about it with ]\lrs. Paleihorpe since I came here.
I did not tell it to Ann Bantorn. I have had no difference with Mrs. Chap-
man— I thought Mr. Chapman did not settle with me fairly for my wages.
They both engaged me, and made the bargain with me. Mrs. C. always had
the chief management of the establishment. She generally gave directions
and made contracts in regard to it. Mr. C. in some things took very little
part to what was going on.
Mr. Sheppard and Mr. Vansant were all the boarders when I went there.
She had five children ; and a little boy was also boarding there. Mrs. C.
taught the school, and made the contracts for the scholars. I don't think the
want of harmony was so great before Mina came, as after. Before that they
had words — about like other people. My business was in the kitchen chiefly ;
the kitchen is in the cellar. There was nobody else there. I was confined
pretty closely to the kitchen.
Mina was very dirty upon his arrival. He was not much exhausted, ap-
parently. He was dressed in dark clothes. His shirt was not worth any
thing. He told me no part of his story before he went to the door. It often
happened that those who were travelling applied there. Both Mr. and Mrs.
C. were benevolent and kind to those who were in that condition. We had
a room called the " beggar's room," on purpose. 1 am certain it was Mr. C.
who came to the door — I was standing right before the piazza. T heard Mr.
C. distinctly say to him, there was a tavern he could go to. Mr. Ash, oi
FOR POISONING. ' 333
Mr. Foreman was along with Mr. Chapman. Mina told Mr. C. he had no
money to pay for his lodging. I did not hear him say where he came from,
or was going to. When he had told Mr. C. he had no money, &c. they went
in. 1 don't recollect any words that passed there but what 1 have stated. I
think Mrs. C. met him in the entry — I did not see her at all.
I cannot say whether she was often engaged in instructing him in the lan-
guage, as they were so often engaged in a private room by themselves. 1
mean the parlour. I did not know how the $2000 was to be paid. I made
no inquiries. I have heard her say he was a distinguished man in his own
country, and very wealthy. He said he was a governor ; and very rich, and
was going to send over for diamonds. On one occasion, he and Mrs, C.
brought news that his sister was dead — he had the suit of black when he
came — I don't know whether Mr. C. ordered the suit or not.
I know of no objection on the part of Mr. Chapman to their going to Bona-
parte's. Mr. Ash drove the carriage, I believe at her request. Mina thought
there was a gentleman at Bonaparte's who would assist him. The account
he gave (on their return) was, that Mr. Bonaparte had company, and did not
come down to see him. I don't remember that it was said that two Spanish
gentlemen had left the count's two days bef(5re. They arrived between sun-
set and dusk. I observed no impropriety as to that matter.
Mrs. C. generally attended to the out-door concerns as well as those within.
I believe Mr. C. wrote letters to Mina's relatives at his first coming. Mr.
C. was kind and attentive to him; but he dare do no other. I do not know
to whom the letters were written. I heard Mr. C. say that they need not be
uneasy about Mina; that he should be taken care of as his own son. I think
Mrs. C. wrote to his mother. I do not know how the letters were sent to Mex-
ico. Mrs. C. and Mina took them to the city. I have known Mrs. C. and
Mina go to the city when there was no one else with them. That was the
time when they went and staid three days.
They gave him a shirt the evening that he came, or the next morning. I
heard Mr. C. ask her what he was to do for shirts if Lino had them all. 1
never knew him to object to her giving the shirt to him when he first came.
I wanted to go to Wright's, and she offered to go. When we arrived there
we found they had been whitewashing. Mrs. C. asked me to go along and walk
with them. I sat in the room part of the time, and under the tree part of the
time. They both sang love songs — he sang in broken English. She sang two
or three pieces of songs. In going, Mina drove, and Mrs. C. and myself
sat behind. He undertook to lay his head once or twice in my lap. I told
him I didn't want to be troubled with such a butterfly. I did not hear him
complain of the sun. I did not drive myself, when he rested his head on
my lap. I believe I did undertake to drive once or twice, but he said I did
not drive right, and took the lines out of my hand.
I lived between twelve and thirteen months with Mrs. C. Religious service
was performed during the chief of the time I was in the house ; and much
good did it do. [Being afterwards asked by the court what she meant by
the last phrase, she said, she had no fact to ground her opinion upon, that no
good was done by the religious service, except the way things had turned
out.]
The beds at Wright's were not brought down-stairs (while cleaning the
house). I never knew Mr. C. to request his wife to attend on Mina. Mina
did not vomit on the journey. 1 have known them to ride about the neigh-
bourhood alone — Mina drove. The time that Mrs. C. told her husband she
wished he was gone, was three, four, or five weeks before 1 left the house.
I left on Tuesday afternoon, about two weeks before Mr. C. died. He died
on Wednesday or Thursday night. I don't know that Mr. Chapman re-
quested that Mina should go to Wright's. The children were to have gone,
but they could not be got ready.
Questioned by the Court. — She was not in the habit of singing songs. She
334 LUCRETIA CHAPMAN,
had a piano, and played and sung hymn tunes. I can't tell any of the songs
she sang.
I don't know of any improper familiarity at the time they were riding, ex-
cept that he leaned against her, and she held him in her arms. I know of
no other. Mina never sang at home with her.
Wednesday afternoon.
Mr. Brown asked if the prisoner might be allowed to sit by her counsel.
The court said she could not, — an application of that kind had been refused
in this court in a former case.
Mrs. Esther Bach e, third witness for the prosecution, sworn. — Two weeks
before the death of Mr. Chapman, I was at his house two days. Mrs. Chap-
man was remarkably attentive to Mina while I was there. After I arrived
there, she took me up-stairs, and told me that Mina was subject to fits. She
begged to be excused, as she said she had to attend on him. She went in
and attended on him. I heard their voices distinctly, and soinetimes heard
Mrs. C. laugh. While she was in the room, I requested her daughter Mary
to call her, which she refused to do. I saw Mina next, about dinner-time,
and there appeared to be nothing the matter with him.
In the course of the morning Mrs. C. came out, and I asked her how Mina
was : she said his life was almost despaired of — he was no better. After
dinner, Mina, Mrs. Chapman, and the daughter Lacretia rode out — they were
gone till late in the evening. After they returned home, Mina was relating
part of his liistory to Mrs. C. about his passage from Mexico. IMr. Chapman
made some inquiry respecting his passage — he received no answer, but very
ill looks from Mina. ^Irs. Chapman apologized, and said, Mr. Chapman did
not understand any thing, hardly, that was said. I retired to my room, and
saw no more of Mina that night. Next morning Mrs. C, and Mina, and the
servant woinan, Ellen Shaw, rode out, and did not return till night — not
while I was there, until ten o'clock at night. Ellen Shaw was not to have
returned, but I believe she did.
I saw nothing else, except that once at dinner Mrs. Chapman behaved
very unkindly to her husband : he did not come as soon as she wished : she
told him, that another time, if hp was not there when dinner was ready, he
should walk off until supper. She repealed it several times. He replied, that
he could not at all times leave his study. I believe that was all — Mr. Fan-
ning, Mr. Ash, and her children were present, and some oth rs — whether
Mina was present or not, I do not recollect. This was the first day.
Cross-examined hy Mr. Brown. — I live near I3ridgport. It was in the be-
ginning of June that I went to Mr. Chapman's. Mina drove me down to the
house. I was employed in making a dress for Mrs. Chapman. I saw Mina
after I left there — he and Mrs. Chapman called at my residence. I was never
at Mr. Chapman's before, nor since. It was Mrs. Chapman who told me
Mina had fits ; he did not. I did not speak to him on the subject ; nor to her
after she came down-stairs. I saw nothing ailed him when he came down to
dinner. They went to a relation of Ellen Shaw's, when she went with them.
Mr. Chapman was in the house at the time ; I did not hear him object to the
journey.
When Mina was mentioning his sufferings on board the ship, Mr. Chap-
man made some inquiry, in a very pleasant way, respecting his passage. Mrs.
Chapman observed my surprise (at Mina's silence and ill looks), and said
that Don Lino did not understand any thing that Mr. Chapman said.
I never knew Mrs. Chapman to find fault with her husband for coming too
early to dinner. Mina sat at Mrs. Chapman's right hand at table ; the chief
of their conversation was together. Breakfast, supper, and breakfast were the
only three meals I ever saw him at.
I refused to go back to Mr. Chapman's again — the reason was, I did not like
the conduct of Mina and Mrs. Chapman towards Mr. Chapman.
FOR POISONING. 335
By the Court. — I could hear nothing that was said, when they were in the
room together.
Ann JBanfom, fourth witness for the prosecution, sworn. — I was at Mr.
Chapman's on Monday of each week, for three weeks, washing, before he
was taken sick. The next Monday after he was taken sick, I went there
to wash, and staid till Tuesday night. I came back again on Wednesday,
and staid till Saturday night. I saw Mr. Chapman on Monday evening after
I went there, and he told me he found he was a little better. I saw him
again on that afternoon, and he told me he was not so well. There was some
soup made for him on Monday morning by Mrs. Chapman. She made
the soup, and put a little salt in it in the kitchen, and told me she would
take it up in the parlour and season it. I did not see them take the soup
to Mr. Chapman — I left her in the parlour, and saw no more of it after that.
I went to the parlour, to get something to use — I don't recollect what. I found
Mina in there, and Mrs. Chapman went up just before me. She carried the
soup up. There were no other persons in the room but Mrs. Chapman and
Lino. I left them there. I don't recollect when I saw Mrs. Chapman again.
I saw Mr. Chapman on Monday afternoon ; he said he did not feel so well as
in the morning. He complained of a misery at his stomach — it appeared to
him very much like fire ; he told me if he did not get better than he was
then, he could not stand it long. On Tuesday evening, when I was going
home, Mrs. Chapman called me up to see Mr. Chapman, how bad he was. She
told me she knew he would not live, and asked me if I would come back the
next day and stay with her. On Tuesday evening, he seemed very bad — I
can't tell any thing in particular, but he seemed very sick — I think he com-
plained of pain in the stomach. He did not vomit any — I never saw him
vomit. I can't say when I saw him attempt to vomit, but it was while he was
sick. I was not up-stairs much. Mrs. Chapman and the children were back-
wards and forwards attending him. I don't know that Mrs. Chapman was
very attentive to him. She was down-stairs a good deal. I don't know that
any medicine was prescribed. Dr. Knight was sent for on Tuesday evening
about dusk. I don't know that any medicine was given to him.
I first heard him complain of this burning heat in the stomach on Monday af-
ternoon. Mrs. Chapman said the soup was intended for Mr. Chapman. It was
chicken soup. I saw it when she brought it down. I threw it out on the
ground in the yard ; — not in the paved gutter. The chicken was also taken
up to him, but he did not eat it — I know he did not eat it because it came
down again. I think, but will not be positive, that it was taken up by Mrs.
Chapman. The chicken was in pieces. I did not take notice whether it
was cut in pieces before it was taken up. A small part of it might have been
eaten without my noticing it. It was but a small chicken. I threw the
pieces out of doors into the yard, where I threw the soup. The soup was
taken up in the morning, but the chicken not until the afternoon. Mr. Chap-
man was sensible every time I saw him, without it was the night he died. I
we»at back on Wednesday afternoon, directly after Dr. Phillips had gone awaj^
from there. I saw him on Wednesday night — he seemed to be in a great deal
of pain and misery. He said nothing to me. He talked to Mrs. Chapman; 1
don't recollect what he said to her. Mr. Bishop, I believe, was in the room
at the time. I saw Mina in Chapman's room at different times while I was
up there. It was between ten and eleven o'clock on Tuesday night that I left
Mrs. Chapman. Dr. Knight, Dr. Phillips, and Mr. Boutcher were there. I
don't know when he died — I was a-bed. He was dead when I got up in the
morning. Mrs. Chapman told me that Dr. Phillips had been there on Sunday.
I did not hear her say, on Monday, or Tuesday, any thing about his being
likel}' to recover.
I did not see Mrs. Chapman put any seasoning in the soup while I was in
the parlour. I went right out again as soon as I got what I wanted. I don't
recollect what Mina was doing — or whether he was doing any thing. I don't
336 LUCRETIA CHAPMAN,
recollect how much of the soup had been eaten. I saw INIrs. Chapman and
Lino frequently together in both the back parlours. Once Mr. Lino had one
of his fits in the back parlour, late in the afternoon — Mrs. Chapman and the
children and myself were in there with him, — when he came to, she told us
he did not like to have anybody in the room with him. She told me and the
children to go out. We went, — she staid in, and shut the door and the win-
dow-shutters. I don't know how long she remained there. This was on
Tuesday of the week Mr. Chapman was sick. I have seen Mrs. Chapman and
Mina several times alone together; I have seen them alone in the evening.
Mrs. C. told me that Mina was a young man of great fortune, and a young
man she had taken a great liking to. She said she pitied him very much, to
think he had lost so much, I don't recollect that she said any thing to me
about her husband getting well.
I have seen Mrs. C. in Mina's room where he slept; it was when he had
fits — it was the week when Mr. C. was sick. I have seen her standing by
him, and at the side of his bed, where he was lying. He was dressed. I
don't recollect that it was Monday or Tuesday. I was up no higher than Mr.
Chapman's room. It was while Mr. C. was sick, and after his death, that 1
saw Mrs. C. in Mina's room. Mina's room was in the third story. I don't
know that I had any conversation with Mrs. C. about her marrying Mina in
case of her husband's death.
Cross-examined hy Mr. Brown. — I did not see Mrs. C. take either soup or
chicken up to Mr. C. I don't recollect when the soup was brought down —
it was about dinner time. I don't know when it was taken up. Mrs. C. put
it on the table, and left it there — she did not say whether Mr. C. had taken
any of it or not, but said he did not want any more of it. My business gene-
rally was not with the victuals. T don't recollect how soon after the chicken
was taken up that it was brought down. I don't recollect how long it was
after she went up, that I threw it out. 1 ate none of it, nor drank any of the
soup. I could not tell whether any of the soup or of the chicken had been
taken. I don't recollect that she said any thing about eating the chicken. I
was busy that day both in and out of the kitchen. The whole five of the
children were in the habit of being in the kitchen every day. The dining-
room adjoined the kitchen. It was on Wednesday that I last went to the
house — I am certain I was there on the night that he died. Dr. Phillips was
with him when I went to bed, which was between ten and eleven o'clock — he
was there next morning. No other physician was there. Mr. Bishop was
there. I went up on Wednesday afternoon — I met Dr. Phillips as he was
coming away from there.
Hi/ the Court. — I don't recollect seeing Mrs. C. take the soup out of the
small pot, in which it was made — I won't be certain whether she took it all
out. I do not think she cleaned the pot. I think there was rice in the soup. A
whole chicken was used, but whether cut up before or after, I cannot say. Mrs.
C. gave me no directions to throw the soup or the chicken away. The chicken
stood on the table till lea-time, and then I threw it out. I threw out the soup
when I washed up the dishes.
When the soup was taken out, the chicken was left covered in the pot. I
received no directions from Mrs. C. with respect to the soup. I do not know
whether it was the usual practice of the family to throw away a whole chicken
that had been boiled for soup. The bowl in which the soup was taken, would
hold more than a pint. The soup was standing on the kitchen table, while I
was eating my dinner, at that table. The chicken had not then gone up-stairs.
I won't say for certain that I saw the chicken taken up. (^Jdjourned.)
Thursday moniing, February IBth.
Richard Wathinson, fifth witness for prosecution, sworn. — I reside in Phila-
delphia, and am engaged in the tailoring business. About the 16th of May,
•-^n
FOR POISONING. 337
(the precise date will appear by my order-book), Mrs. Chapman called at my
shop in company with iNIina. She came two or three times afterwards in his
company. On the 16th of June, Mina purchased of me a black suit of cloth-
ing. The entry in the order-book stands as follows :
Espos y Mina. Black Cloth Frock $34 —
June ] 6th. Do. Cas. Panis 13 —
Mrs. Chapman will pay. Do. do. 1 Vest 6 —
They were at my shop two or three times between the first and last visits.
Mr. Chapman wrote me an order for the clothes.
Cross-examined by Mr, Brown. — This is the order from Mr. Chapman.
(Produced and read.)
Andalusia, June 9, 1831.
Dear Sir, — The bearer hereof, Don Lino, will present you these few lines.
In consequence of the decease of his sister, (which melancholy intelligence
he received a few days ago) places him under the painful necessity of making
that change in his apparel which his affectionate regard to her memory de-
mands.
Mrs. C. speaks of your intention to visit us soon with ; I shall be
glad if you could make such a visit very soon, in order that I may be measured
for a suit of mourning, occasioned by the late decease of my much beloved
brother, John W. Chapman.
The amount of Don Lino's suit you are at liberty to place to my account.
With Mrs. C.'s best respects to Miss R and yourself,
I remain, dear sir, your sincere friend,
WM. CHAPxMAN.
Mr. Chapman and Mina were not at my shop over three times altogether.
At the first visit, Mrs. C. came in, and said she had a young man in her car-
riage, who had been very unfortunate ; he had no money, having lost upwards
of $30,000 somewhere in France. He wanted to go to see the consul, but
had not a suit fit to visit in. He wanted to get the consul to write immedi-
ately to his father, who was the governor of some island ; she told me to
make them and charge them to her. I told her I would do so. She stated
that a remittance was shortly expected from his father, and as soon as the
consul got the remittance, he would call and pay. Mina came out of the car-
riage to be measured. His clothes were pretty poor — he could hardly hold
them up.
At the next visit, the clothes were not done — Mrs. C. appeared to be very
much disappointed, that she had come all the way on purpose, and they
should not be done — they were disappointed, she said, in going to the consul's.
The carriage stood at my door, and her daughter Mary was in it.
Mrs. Chapman was pretty much the manager of the establishment while I
was there. Mr. C. was an inactive man.
He-examined. — I was at Andalusia before Mr. C.'s death, as well as after.
I went there after that event, to inform Mrs. Chapman, that Mina was order-
ing too much clothing. I thought it my duty to inform her.
The prisoner in the box (Mina) is the same who came with Mrs. C.
I saw Mrs. C. after I had been to Andalusia. She complained that she
was not at home when I called. I told her my errand had been to inform
her that I could not make the other suit, as I thought she would be obliged
to pay it ; that it would be like taking the bread out of her children's mouth.
I told her I thought he was a great scoundrel : that I had sent my young man
to the consul's to inquire respecting him : the consul said he knew nothing
of him, and knew neither him nor his father; and believed him to be an im-
postor. I told her I thought he was as great a scoundrel as ever lived. She
replied, " I hope not, Mr. VVatkinson." She then informed me I had acted
perfectly right ; she thanked me, and bade me good afternoon, and 1 did not
2 F 43
338 LUCRETIA CHAPMAN,
see her afterwards. She appeared to be very much hurt after I mentioned
this fact.
The entry of the last clothes ordered is dated June 28th, and charged to
Mina, with the following entries noted : — " Mrs. Chapman will pay.'''' " Not
made.''''
Mrs. C. was with Mina when this last suit was ordered. I told them the
suit was of a high price. Mina spoke in Spanish to her, upon which she
said, that Mina said $40 was quite cheap ; he had often given 850. The
price was high for a light suit (for summer), and I began to open my eyes.
It was on the fourth of July that I went up to Andalusia ; and four or five
days after that I saw her in town.
My shop is at the corner of Chestnut and Sixth-streets.
Elias Durand, sixth witness for prosecution, sworn. — I reside in Philadel-
phia, and am a druggist. I have never seen Mrs. Chapman, but have seen
Mina. I do not remember precisely the time, but I believe it was about the
middle of June, that Mina came to nay store.
Elias Durand called again. — Mina asked me, in Spanish, if I could speak
Spanish. I referred him to my assistant, I\Ir. Guillou, who is acquainted
with that language, and they conversed together. Mr. Guillou told me he
asked for arsenic. Two ounces or a quarter of a pound of arsenic was given
to him. I think I weighed it and gave it to him myself, Guillou and Mina
talked a while together.
Cross-examined by Mr. Brown. — I fix the date of his visit from the cir-
cumstance of Mr. G.'s leaving my store in August, and from estimation, 1
think it was about five or six weeks before. 1 had never seen him before.
I met him two days after in my store. I had seen him pass several times
during the day. He looked in my store, as if looking for some person. He
stopped once while I was standing at the door, and asked me in Spanish, if
the young gentleman who spoke Spanish was in. I replied that he was not.
1 was absent, I think, in the course of the afternoon. When I came back,
Mina, Mr. Guillou, and his brother were standing together at the door in
conversation. I think I have seen him at other times in the street.
When I heard of the death of Mr. Chapman, and the suspicions attending
it, I thought of Mina. My store is at the corner of Chestnut and Sixth-
Btreets.
By the Court. — I cannot say positively what dress Mina had on the day he
got the arsenic, but at the other times he had a black frock coat, with crape
on his hat. He was in full mourning dress. I did not learn his name.
{^Jldjounted.')
Thursday afternoon.
.Alfred Gvillon, seventh witness for prosecution, sworn. — In the summer
of 1831, I resided in Philadelphia, and was assistant in Mr. Durand's drug
store. I have seen the male prisoner now in the bar at the store. The first
time I saw him he came to inquire for the residence of the Mexican consul.
He asked me in broken English, which induced me to speak in Spanish, in
giving the direction to him. He then left the store, apparently intending to
go there. Some time after, probably about two weeks, he returned, and
spoke to me — spoke about the weather ; and mentioned his being the son of
the governor of California, &c. He left the store, and in two or three days
returned, and asked me in Spanish, if we liad any arsenical soap, for the
preparation of birds : to which I replied, that we had not, but that we might
prepare it. He said that was useless; but if we had the powder, that would
answer. He asked the price by the pound — and then asked for a shilling's
worth, which we gave him. He then left the store, and returned that after-
noon, or the next day at farthest, and asked me if I would have any objec-
tion to write a letter for him, if he were to dictate it in Spanish. I told him
I had no objection, and we set at it immediately. I wrote first a rough copy,
FOR POISONING. 339
and after I had done writing it, my brother Constant Guillou came into the
store; he being better acquainted with the Spanish language than I was, I
told Mina that he was a more proper person to do it than I was. I intro-
duced him to my brother under the name of Cuesta, and my brother said he
would do it, and accordingly did so. When he had done writing it, Mina
remarked that he liked my handwriting more than that of my bro'her, and
asked me to copy his rough draught, which I did. This is the letter.
(Letter produced and read.)
Philadelphia, June 16lh, 1831.
" Sir, — I take the liberty of addressing you without having the honour of
your acquaintance, from the deep sense which I entertain of your noble con-
duct toward my friend, Mr. Lino Amalio Esposimina. That gentleman has
given me to understand the sincere regret he experiences at not having it in
his power to accomplish your request, and, impelled by obligations under which
your goodness has placed all his friends, 1 hasten to put myself at your dispo-
sal, and assure you that any commands you may think proper to honour me
with, I will, to the fullest extent of my power, accomplish immediately.
" With your kind permission, I will do myself the honour of calling upon
you on Saturday or Monday afternoon next.
" My mother, as well as myself, begs to be remembered to Mrs. Chapman.
"EST. CUESTA.
Endorsed — " Mr. William Chapman, Esq."
The flourish, under the signature, was added by me at Mina's request.
He went away, and I never saw him again until I saw him here. When
he bought the arsenic, Mr. Durand was present. At that visit he wore a
pair of false whiskers, and showed me how they were fastened.
Cross-examined by Mr. Brown. — Mina paid nie four visits altogether — two
on the same day. The last was two weeks and two or three days (about)
from the first.
The letter was written on the day it bears date. He told me his name in
no visit but the last, when he requested me to write the letter. It was after
I had written the first rough copy he told me his name was Cuesta. The
Mexican consul has the same name. The arsenic was purchased at the third
visit — in the morning of the day that the letter was written. The price per
pound was half a dollar — he got either two or four ounces.
Constant Guillou, eighth witness for prosecution, sworn. — (Part of the tes-
timony of this witness was substantially a repetition of that just passed, in
relation to the letter. The rest is added.)
While my brother was copying my rough draft, I had some conversation
with Mina. He was very polite; said his mother would be very happy to
see me. He asked me if I had any intention at any time of going to Mexico ;
if so, he would be happy to take passage in the same vessel. I think that
was all.
Cross-examined by Mr. Broivn. — The letter was not exactly written from
his dictation, but from his stating the object of it. He said Mr. Chapman
had obliged his friend very much — that Mr. C. was not in good circum-
stances, and he, through gratitude for the favours shown to Espos y Mina,
placed himself at Mr. Chapman's disposal. After it was done I read it in
Spanish, and he nodded acquiescence.
Edwin B. Fanning, ninth witness for prosecution, sworn. — I was at Mr.
Chapman's about the 20th or 21st of June, On ftlonday, about nine or ten
o'clock in the morning, I called at his residence to deliver some books, en-
titled, The Family Encyclopaedia, for which he had subscribed. Upon enter-
ing the house I learned that Mr. Chapman was ill. I asked permission to
enter the room where he was lying sick. I went in, and found him very
ill ; vomiting very much ; complaining of pain in the chest and head. I
340 LUCRETIA CHAPMAN,
mentioned, while in the room, that I was going to William Hill's, principal
of Lower Dublin Academy. Mr. Hill had married a niece of Mr. Chap-
man's. Mrs. Chapman requested me to say nothing of Mr. C.'s illness
unless inquired of by them ; and if inquired oi\ to answer, much the same as
yesterday (which was Sunday). I went to jMr. Hill's and returned to Mr.
Chapman's the same day, a little after dark. I was requested by Mr. C.
himself, to tarry with him through the night and take care of him.
Mr. Brown objected to any evidence of wliat Mr. Chapman said.
3Ir. Boss. — We expect to" prove by this witness, tliat IMr. Chapman said
he was not attended to; that when Mina was sick, he (Chapman) was
neglected.
Mr. Reed cited 2 Bussell, C82. What was said by the party injured, di-
rectly after the injury received, is evidence.
Mr. Brown took up the same authority, and commented upon it. The
attempt is to give declarations of Mr. C. unfavourable to the character of the
defendant — though not going to the main point. The neglect of Chapman
is no part of the rfs gesfa.
They are not declarations made in extremis, nor in expectation of death, in
which case they are to be admitted.
3Ir. Ituss. — We allege that these declarations were made after the poison
was administered. The deceased must be conscious of his danger, 1 UasPs
C. L. 353-4. Here this is proved. Ann Bantom's evidence is, that he said
he coald not get well. Cites also 2 Russell, 686. Our object is to show
that she bad lost all affection for her husband.
Mr. Brown replied.
Court sustained the objection, deeming the evidence now offered inadmis-
sible at this state of the cause.
Edwin B. Funning, called again. — I staid with Mr. Chapman until be-
tween ten and eleven o'clock. Mrs. C. came into the room twice during that
time. The first time she did not tarry long. The second time, she thanked
me for my attention to him, and said she would not trouble me to remain
with him through the night. I then requested her permission to go myself
for a physician; she said, not. Mr. C. being in great distress, I urged the
matter, and was again refused. While I was with him 1 recommended salt
and water to be given to him to stop his vomiting, as I heard it recommended.
Mrs. C. said she'' would give it him. As Mrs. C. was in the room, I left it
for a short time, and came in again. Mrs. C. gave him medicine out of a
tea-cup. It passed for salt and water; I supposed it to be that. I remained
in the room fifteen minutes ; Mr. C.'s vomiting I thought was increasing. After
about fifteen minutes, I retired to the floor above, Mina's lodging room being
near mine. Mina being up, I stepped into the room ; he offered me his bed,
and went below. I went to my own room. I left Mr. C.'s residence next
morning between eight and ten o'clock. Mr. Chajiman was much the same
then as the night before. This was on Tuesday. I was at Bristol the same
day, and spoke to Dr. Phillips about him.
The next time I was at Chapman's was not until the Sabbath after his
death. I saw Mrs. Chapman ; she was cheerful ; much as when I was first
acquainted with her. 1 spoke of her husband's death, saying she had met
with a great loss.
On INIonday evening (my former visit) Mr, Chapman was not as well as in
the morning. I can't say that he threw any thing up ; he appeared rather to
be attempting to vomit. The intervals between the attempts to vomit were
about fifteen'' minutes. The spells would continue about ten minutes. I
heard him say, "I cannot live so."
Mrs. Chapman said something to me about the cause of his illness, I think
on Tuesday morning. She said, "You recollect that he ate heartily of beef
— stale beef. He has not been well since he ate that stale beef." She said
this to me in my room.
FOR POISONING. - 341
There was some beef eaten within two weeks before the time she spoke of it.
At the time she told me this, I had not said any thing to her about the sick-
ness of her husband. I had seen Mr. Chapman after he had eaten the beef,
and he complained of no illness.
Cross-exainiried by Mr. Brown. — I think it was on Tuesday afternoon I went
to Bristol. On the Saturday I left Mr. C.'s he walked with me across the
road to Mr. Boutcher's. I don't recollect Mrs. C.'s asking me to go in and
see him on that day.
The medicine, given by Mrs. C. to her husband, increased his vomiting. I
am the individual who left his name, requested to be sent for, in case of an
investigation.
Br, John Phillips, tenth witness for prosecution, sworn. — I have been
called to attend Mr. Chapman's family at various times within the last year.
Although I saw Mr. C. in his last illness, first and last, yet I saw very little
of him ; the greater portion of what I did see of his case, was ten or twelve
hours before his death, when he was unable to give me any history of his feel-
ings or his sufferings ; I called to see him on the 19th of June, 1831. He
appeared on that day to be labouring under very slight symptoms of indispo-
sition. I paid him a very short visit; and advised some very mild course of
treatment, I do not recollect what. I left the house very soon, under the
impression that any further attention from me was unnecessary. On the
Tuesday following, I received information from some source, that Mr. Chap-
man was much worse. I did not visit him until the following dajs as I had
no intimation from the family. On the afternoon of Wednesday I called at
the house in company with Dr. Brearly ; I went to his room, and was very
much astonished to find him in articulo mortis. I have some recollection of
his symptoms, but not very distinct. His extremities were cold and clammy;
his pulse creeping, and barely perceptible ; the skin upon his extremities
appeared to be collapsed, or shrunken ; his hearing entirely gone, which I
was particularly struck with ; his countenance evinced a good deal of anxiety,
and he seemed desirous to know whether he should or should not recover.
His senses were so far impaired that I could not make him sensible of what
my opinion was. I procured a slate, but could not make him understand by
writing. This was while remaining with him during the night. Another
symptom was a discharge, per anum, of sanies or bloody serum ; I think in-
voluntary. I laid down during the course of the night, desiring to be called,
if any alteration should occur. I do not recollect how long I was absent from
the room, but came in some time before his death, which occurred about five
o'clock, A. M. He appeared rather calm an hour or two before his death,
and expired in rather a comatose state. These are my most permanent re-
collections. The length of time before any inquiry was made, was so great,
that they have almost escaped me. Mrs. Chapman was in the room; Mina,
I think, was also, but 1 cannot say how often, or how long.
I took his disease on Sunday to be a mild attack of cholera morbus. That
was my impression ; how I received that impression I cannot say. I do not
know that I received it from any thing said by any of the family. I do not
recollect that he was vomiting.
I had a conversation with Mrs. Chapman on Wednesday, respecting his
disease. I asked her what had been his former habits and diseases. She told
me he had been subject to occasional attacks of vertigo, and that he had once
been so much affected that he had fallen down with what were supposed to
be apoplectic symptoms. I was not perfectly satisfied then as to the cause of
his death, and 1 am not yet.
Cross-examined by Mr. Brown. — I have no recollection of being there on
Tuesday. I think Mr. Chapman said a beef-steak would do him more good
than any thing else. When I visited him the last time, I prescribed stimu-
lant applications, as he seemed to be sinking very rapidly. He kept medi-
cines about his house. I saw no want of tenderness to him on the part of
2f2
a42 " LUCRETIA CHAPMAN,
Mrs. Chapman. She left the room on Wednesday night at my request. I
brought her and the children into the room as his dissolution more nearly ap-
proached. There was nothing at that time in her conduct unbecoming a wife.
By the Court. — I was very much at a loss to account for his death. I have
no personal experience of poisoning by arsenic. If arsenic had been admi-
nistered, it would, I think, have accounted for some of the symptoms, and I
am not prepared to say it would not account for all. But I am not prepared
to say, that natural causes and natural disease might not produce the same
symptoms. No symptoms can give any stronger evidence of poison than
probability.
Mr. Chapman was a corpulent, short man — not robust. The symptoms 1
have described are much those of Russian cholera. Such symptoms might
have been exhibited by a violent case of common cholera. {Adjourned.)
Friday morning, February 17.
Dr. .mien Knight, eleventh witness for prosecution, affirmed. — On Tuesday,
the 21st day of June, I went to see Mr. Chapman. I found him very ill ; he
complained of a burning sensation in his stomach, and of vomiting and purg-
ing. His extremities were cold as high as his knees, and his mouth dry,
with considerable thirst. I ordered calomel in small doses, and some other
things — I do not recollect what. The calomel was objected to by Mrs. Chap-
man and ]Mr. Chapman. I staid about an hour, and then lett. I returned
next morning, and found Mr. Chapman considerably worse. He was entirely
deaf. He was also delirious at times; a symptom which I did not perceive
before. He complained as he did on the evening before : I ordered mustard
plasters to his feet and hands, and some other things, I do not recollect what.
The patient appeared to get worse from that time until he died. I was called
about seven o'clock in the evening — (I live about a quarter of a mile from
Mr. Chapman's). 1 found Mrs. Chapman in the room. I called about eight
o'clock on Wednesday morning. I did not inquire whether the calomel had
been given or not. I do not know that any thing was given that was pre-
scribed. I never saw a case exactly like his before death. I did not per-
ceive any particular appearance after death. I observed that the skin was
coloured in different parts, under his eyes particularly, and under his ears.
I saw no part of the body except the face — it was dark. On Tuesday even-
ing he had no fever ; his pulse was small. Fever does not universally fol-
low cholera morbus; I have seen cholera without fever. Mrs. Chapman did
not attribute any cause for his disease in his presence. I do not know on
what ground she objected to the calomel. I was twice there on Wednesday.
Something was said on that day about sending to the store for medicine,
which I had not with me.
Cross-exaynined by Mr. Broivn. — There was medicine sent for by my direc-
tion, on Wednesday, to .Tesse Vandergrift's store. Laudanum was sent for ;
I do not know what else. I prepared the calomel at the time I directed it.
I did not see it given. I have no reason to say why they did not give it.
I have practised medicine since 18'27. The cholera morbus was not fre-
quent in our neighbourhood. I saw Dr. Phillips there on Wednesday — he
was not there on Tuesday. I did not on that day hear him complain of his
head. I did not examine what he cast up. I do not know that he was sali-
vated. I ordered him five or six doses of calomel on my first visit. Ice and
vinegar were applied to his head on Wednesday. He at that time complain-
ed very much of his head. I do not believe he Avas afflicted with a disease
of the heart. I attended him regularly from the time I was first called.
Mrs. Chapman absented herself more on Wednesday than I thought right.
I do not remember her saying that she had no servant. I saw a coloured
woman there that evening. Mr. Bishop was there. I do not know that he
fittended Mr. Chapman. " I do not recollect how many visits I paid. I can-
not tell what kinds of medicine I prescribed ; they were not all of an active
V ^
^ FOR POISONING. 343
character. I do not know that Mr. Chapman had any reluctance to take the
medicine. I have attended on the family before.
I made no particular examination of the body. Mina came after me on
Tuesday evening. I was not sent for at any other time. I paid four or five
visits from Tuesday to Wednesday. I saw Miss Kimble there on the first
visit; I don't remember calling her over there. It was about eight o'clock
in the morning that I saw the spots (on the face). I attended Mina in one
or two instances. I do not know who sent for me on Tuesday. I do not re-
collect that Mr. Chapman said any thing about the improbability of his re-
covery. On Wednesday evening Mrs. Chapman asked me if it would not be
proper to inform him how near he was to his end. It is an unusual thing for
such spots to appear so soon after death. I cannot account for his death.
From any thing that I saw, I do not know that medicine had any effect on
him. I cannot account for the spots below his eyes. Mr. Chapman's habit
and make of body was of an apoplectic character. I was not acquainted with
his constitution. The symptoms that I observed were not apoplectic. Apo-
plexy was not the cause of his death, in my opinion.
Benjg,mm Boutcher, twelfth witness for prosecution, sworn. — I was called
between the hours of nine and eleven o'clock the night that Mr. Chapman
died. When I went in the entry, they were about getting supper. Mrs.
Chapman took a candle and lighted me up to where he lay. He seemed
uneasy. Mr. Bishop was standing by his bed-side. I walked round, took
him by the hand, and asked him how he felt; he gave my hand a squeeze,
and looked at me, but did not speak. Mrs. Chapman said he was hard of
hearing. She spoke to him, and said, " this is Mr. Boutcher." She then
went down-stairs. I sat down with Mr. Bishop. Some time after he called
out — Mr. Bishop then got something off the mantel-piece for him to drink —
he took some of it. I asked Mr. Bishop what it was ; he said it was gruel.
Mr. Chapman then had a restless spell again — seemed sick — attempted to
vomit, but did not discharge any thing. He lay easy after that. Dr. Phillips
and Mrs. Chapman then came up, and Mr. Bishop went down. Mrs. Chap-
man was telling Dr. Phillips that Mr. Chapman had got out of bed, and fell
and hurt his knee. INIr. Chapman then had another bad spell. Mrs. Chap-
man said she was drowsy from waiting on him ; and while she went for the
mint bottle, he got up and fell. Mrs. Chapman left the room, and returned
in a short time with three or four glasses of lemonade ; she gave one to Dr.
Phillips, and one to me; and Dr. Phillips said she should give the other to
Mr. Chapman. She raised him up, and he drank it, saying it was "fine."
The salver and tumbler were handed to me, and I set them on the table.
Mrs. Chapman said she was very tired, and would go and lie down. Dr.
Knight came in before she went out. She mentioned to me, if she was
wanted, to give her a call. That was a little before twelve o'clock. Dr.
Phillips said he would lie down. Mr. Bishop lighted him to a room; he
left orders for us to wake him. At two o'clock he was failing fast ; I called
Mrs. Chapman, and Mr. Bishop called the doctor. Mina was in the room
where Chapman lay; he asked me if I would not lie down; I consented.
He then lighted me up to his bed-room, which was over that in which Mr.
Chapman lay. I lay one hour or more. Mr. Bishop came up, and said Mr.
Chapman was dead. I went down, closed his eyes, and put a handkerchief
around his jaws. They asked me to lay him out ; I went home, and sent for
David Gando for that purpose ; he did not come. I then laid him out. Dr.
Phillips, Mr. Bishop, and Mina were in the room. IMina shaved him — he
seemed stiff. I tore the shirt down the bosom ; there was a bruise on his
right side, which I pointed out to Dr. Phillips ; he said he expected it was
occasioned by a fall. There was another bruise on the knee, and one on the
right shoulder. All these marks were on the same side. His neck was a
little blue; there was a purple mark about the ears also. His nails were
purpled before his death.
344 LUCRETIA CHAPMAN,
Previous to his death, Mina took out his watch, and said Mr. Chapman's
pulse heat fifty-five to a minute; after a while he said it beat forty-five. 1
asked him how many beats there were in a retrular pulse ] He answered he
had studied medicine two years. I said 1 did not think he (Chapman) would
live to see sunrise. Mina said, " when 1 was sick, Mr. Chapman did wait
on me nig^ht and day, and prayed for me." He then ])retended to cry ; but I
saw no tears. He then asked me to go down and take some drink. I went
down-stairs. Mrs. C'hapman asked me to stay to breakfast (this was after
the decease of Mr. Chapman). Dr. Phillips told her that I could give her
instructions about the burial. She wished him to be buried in the usual form.
She said he had relations near, but she had not, I took upon me to invite
their friends to the funeral.
I saw a change in Mr. C.'s face after death; it became dark. The body
was very stitl" one hour after death. I was surprised at it. There was a dis-
charge from the body, of a dark green colour.
My ducks had been in the habit of going to Mr. Chapman's. They were
there on Tuesday, the 21st day of June, between two and three o'clock. As
I was going to the shop, I looked over towards Mr. Chapman's, and saw the
ducks coming towards home. They seemed to be worried. They came in
a row, one after the other. I had a fair sight of them, between the shed and
the house. I saw Mina standing by a buttonwood. The ducks came be-
yond where he stood, about ten yards. Before the ducks came through into
the road, one of them fell over, dead. The rest came through the fence
where the waste water emptied, and then another fell over. When they got
nearly across the road, another fell over. One of my boys came out, and I
told him to take care of the ducks; I went in the shop. After a little while
the boy came to me and said that another was dead, and he thought they
would all die. I told him to bury them. There were between twenty and
thirty that died that day and the next. They were young ducks. They w"ere
of two different broods. I think it was a dry day. Four of the ducks could
not get through into Mr. Chapman's yard; those did not die. My wife said,
that fish-water would kill ducks; I told her I thought they had been poi-
soned. They were all stifT. I had chickens at the same time, but I think
none of them went into his yard. I believe it is not a common thing for
ducks to fall over and die. 1 never kept any before.
The drain from the kitchen is in that yard; I believe it is covered, near
the pump, and above it. The drain passes through under the fence, where
the ducks passed through. My house is GO or 70 yards from Mr. Chapman's.
I do not know that Mina had any birds at any time. I heard that Mr.
Chapman had the cholera morbus. Dr. Knight said he had some symptoms
of that disease.
My wife sold a chicken to Mrs. Chapman during the illness.
3Irs. Sarah Palethorpe, thirteenth witness for prosecution, affirmed. — I staid
with Mrs. Chapman on the night of June 23d. 1 went up to see the corpse;
it was very offensive; I went to Mrs. C.'s chamber, and asked if he was in
a state of mortification when he died, he was so offensive. She said she did
not know. I said, you and the children had better take leave of him to-night,
he will not be fit to-morrow. She answered, she had seen him, she did not
want to see him. I asked her if I should take the children; I think she said
yes, but I am not sure. 1 then took the children. Nothing took place that
night worthy of notice. Next day, I said there must be some person to walk
with her from the carriage to the grave ; I asked her if she had a relative or
a friend. She said, "why would not Don Lino do]" I said no. She asked
me why. I said, he was a stranger, and under size. She then said, " could
he not walk with Mary]" (her eldest daughter.) I said, I saw no impro
priety in that. We went to the funeral. Mr. Knight walked with her. I
saw Lino on the day of the funeral. I had the charge of the house that day
FOR POISONING. 345
I asked for sugar, and was referred to Lino ; he had a bunch of keys ; he
gave me the sugar.
Mrs. Sophia Hilchbourn, fourteenth witness for prosecution, affirmed. — I
called at Mrs, Chapman's about three hours after the funeral. I asked her
if Mr. C. did not die suddenly. She said he did, he was only sick five days.
She said he died with the cholera morbus, she believed. 1 asked her if he
had his senses when he died ; she said she believed he had. I asked her if
he was sensible that he was so near his end. She said she did not think that
he thought he was so near his end, for the doctors gave him great encourage-
ment. She then went on to state how he was taken. She said, he came in
from the garden, and complained that he was hungry, and asked if supper
was most ready; she told him it was not ready, but there was some nice
smear-case on the table, and he could go and take a saucer full of that. He
did so, and ate very heartily of it. They had supper directly, and had some
fat pork, which he was fond of, and ate heartily of that. After supper they
went into the parlour together; while they were talking he complained of
feeling very unwell at the stomach ; he thought he would like to take a spoon-
ful or two of spirits ; he did so, and felt better. Afterwards they sat there
until near ten o'clock; they then retired, and both went to sleep, as she sup-
posed, for she did herself. Some time in the night, between twelve and one
o'clock, he spoke to her, and told her he felt in great distress ; and wished
her to get up and get him some peppermint; she got up to get him some,
and went to the medicine chest, and it had been misplaced, and she did not
find it until he had taken to vomiting. I think she said in the morning, she
sent for Dr. Philips. He gave him something that helped him a good deal.
The doctor called the next day, and found him much better; he then said he
might eat some chicken soup. She had a chicken killed and made some soup,
and gave him a bowl full, of which he ate very heartily and went to sleep.
When he awoke, he told his daughter Lucretia to go down and tell her ma
that he wanted some of the chicken of which the soup was made. She took
the plate that had the chicken on, and sent it up by her daughter Lucretia,
whom she told to tell her pa that he might eat as much of it as he wanted.
When the plate was brought down, he had eaten all of the chicken except
the neck. He was taken worse soon after that, and vomited until he expired.
Dr. Knight was in the room; he and Mrs. C. were conversing about Don
Lino; she told Dr. Knight that this young gentleman who was with her had
convulsion fits, she thought, and she wished him to prescribe for him without
his knowing of it, as he had great objections to taking medicine from the
doctors ; he had studied medicine himself two years. The doctor asked her
some questions, and she said she thought dieting would be of service to him;
if he would prescribe, she would see that he was paid; he was a gentleman
that was immensely rich ; his father was governor of California, his mother
lived in Mexico, and his grandfather owned a silver mine. This conversation
took place after the funeral.
I saw Mrs. Chapman at her house, about a week after Lino had left her to
go to Boston. She said nothing of him, except that he had left her without
paying for his instructions ; she expected he would remit the money from
the north.
Ten or twelve days afterwards, between nine and ten o'clock in the even-
ing, Mrs. Chapman came to my house after 1 had retired to bed. I came
down-stairs, and she apologized for calling so late; she understood that 1
wished to see her, and her son did not tell her of it until after eight o'clock.
She asked if Mr. M'llvaine and Mr. Reeside had called at my house that
day; she understood they did, and she thought it probable they had left some
message for her. She asked me if I had seen any thing in the papers respect-
ing the gentleman who had been with her learning the English language;
the governor's son, of Mexico. She was informed there was an advertise-
ment of his being robbed of his pocket-book in Washington or Baltimore.
44
'•^.
346 LUCRETIA CHAPMAN,
I told her 1 had not seen any thing of it, but I had heard of it. She asked me
if I would lend her the newspapers for a week or ten days past. This con-
versation was on the Thursday evening of the week preceding that on which
Mrs. Chapman went away.
On Monday morning of the next week, I had a little conversation with her
at her house. She asked me if I had seen any account in the paper of Lino.
I told her I had been infonned that he was arrested in Boston on suspicion
of poisoning her husband. She sa3's, is it possible! She said, she had never
heard of it. I told her I was informed that she was married to him in ten
days after her husband's death. I asked her if she had any idea that Lino
had poisoned her husband ■? she said she had not. She asked me if her name
was in the paper; she said she hoped not. I told her I was surprised she
could have done such an imprudent act. She made no reply for a moment.
I told her they must be facts, or they would not dare to publish them. She
then acknowledged that she did marry him, and staled the reasons why: he
was very rich, and she thought he had a great disposition to go travelling,
and therefore she thought it was best for her and her children's sake. The
conversation was then dropped.
Cross-examined by Mr. Broicn. — I live within half a mile of the place. I
have been there on a visit, ten or twelve weeks. I saw nothing improper in
her conduct. She was very economical. She was the owner of that esta-
blishment. She told me that Mina was to pay her a large sum of money for
his instruction. It was in answer to my question that she told me that he
had gone away without paying her. \^'hen she said she hoped her name was
not in the paper, she said it would have an eflect upon her character.
(^Adjourned.)
Friday afternoon.
Mrs. Ann Smith, fifteenth witness for prosecution, sworn. — Desiring to
place my two children in a boarding-school, and having heard a favourable
character of Mrs. Chapman, I went to her residence in the stage, with my
eldest daughter, to make arrangements for that purprse. A passenger in-
formed me on the way that Mr. Chapman had been buried the day before. I
went to Mrs. Chapman's house, and knocked ; a lady with a black dress, and
white turban, with a lilac border, came to the door. I asked for Mrs. Chap-
man. She said, "I am Mrs. Chapman, walk in." I introduced myself to
her, and was making arrangements with her about my children, \\hen one of
her children said, " Mamma, here is Don Lino coming with two ladies." She
turned to me, and said, '• A gentleman who is learning English, was kind
enough to go to Philadelphia, and get me help, for I am very bad off for ser-
vants." While we were talking, he came in (the same person who is in the
box), dressed in deep black. I then made my arrangements ; — Don Lino left
the room. When I got into the carriage, she observed, " that is the carriage
that was at my husband's funeral yesterday." Her manner appeared as if
there bad been no trouble in the house ; except once she went to the parlour
window and said, that the sun looked gloomy.
I took my children there four or five weeks after. I found Mrs. Chapman
in the utmost imaginable grief. I was sitting with my husband in a room
which was called the ball-room, when Mrs. Chapman came in, and asked me
if I would be kind enough to send one of my children to a neighbour for a
newspaper. 1 told her we were strangers, and I thought she had better send
herself. She said she had been troublesome for papers, and would be glad if
I would send. My husband said, "Yes, Ann, I would like to see the papers
myself." I retired to my chamber, and while there, Mrs. Chapman came up
and asked me if I would be kind etiough to step into her chamber. When 1
went in, I found her sister (Mrs. Green) lying in bed, in tears. Mrs. Chap-
man then said to me, " Mrs. Smith, yon appear to be a good-hearted woman:
I am now going to place the same confidence in you that I would in my dear
'p
FOR POISONING. - 347
sister." I replied, " Mrs. Chapman, I hope I will not betray your confi-
dence,"— having not the least idea what she was going to relate. She then
said, " Mrs. Smith, this young man, of whom you have heard me speak, who
has been boarding with me, I fear has turned out an impostor."
She had before told me, that this man came to her door, and asked for a
glass of water ; he went in, or was taken in to the school-room : he there
asked how far it was to .loseph Bonaparte's; he said his father had sent him
to this country with thirty thousand dollars — when he got as far as France he
was robbed — a friend had given him one hundred dollars, with one half of
which he paid his passage to this country — when he got here he had but ten
dollars, with which he bought him clothing. He said his object in going to
Bonaparte's was to see a friend of the name of Cazenove ; if he could see
him, he could draw on him to any amount. After telling that he was the
governor's son of Mexico, he asked if he might be permitted to remain there
all night. Mr. Chapman objected, saying, there was a tavern to which he
could go. Mrs. Chapman said to her husband, " My dear, you know there is
a bed which has jastbeen left vacant." Her husband then acquiesced, and
said, "My dear, if you think so." Next morning he said, " Suppose you go
with this gentleman to Bonaparte's, and get some one to drive you." They
accordingly went to Bonaparte's. On their arrival the servant told them that
Mr. Cazenove had been there, but had gone away ; they then asked for Count
Bonaparte, but he had company, and could not be seen for two or three hours.
She then said, she would have to return to her school that night — and accord-
ingly they returned. The next day he proposed going with her to the con-
sul's at Philadelphia, and they went. While there, the consul and his sister
came into the parlour ; after the customary salutations, that lady turned to
Mrs. Chapman and said, " We are much obliged to you for your attentions to
this young gentleman. He is a young gentleman of very large fortune in his
own country." Mrs. Chapman then said to me, " Mrs. Smith, I can declare
to you upon holy writ, that if she had not told me that this young gentleman
was a gentleman of large fortune, I should not have been deceived ; but she
said so, and I believed it."
She then stated that her husband gave him an order on Mr. Watkinson for
a new suit of clothes. He returned from Philadelphia, saying, that he under-
stood his sister was dead, and that he wished a suit of black clothes. In a
day or two after he stated that his sister was not dead, as he had said, and
that he wished to have a suit of brown clothes.
She stated that he asked Mr. Chapman to write to his father for him. Mr.
Chapman said to him, " I^ino, you know I do not understand your language —
if you will write it, I will sign it." After signing it he said to him, " Lino,
I have done for you what I never did for anybody in the world. It shows
the confidence I have placed in you, for I have signed what I do not under-
stand." She said she wrote a letter also, of which she showed me a copy.
Copies of the letters produced and read by Mr. Reed.
Andalusia, Bucks County, Pennsylvania State, May 16, 1831.
Sir, — I have the pleasure of addressing you on a subject that will doubtless
be very interesting to you. On the 9th instant your son Lino Amalia Espo-
simina came to my house. He has a great desire to learn the English lan-
guage, finding that travelling in the United States is attended with consider-
able difficulty, without a ready knowledge of that language. He writes to
you by this conveyance, and will acquaint you with his circumstances. He
will continue here until he hears from you, during which time it is his inten-
tion to exert himself in acquiring such an addition to his English education
as the time may admit of.
Herewith you will receive one of my publications, which will make known
to you the profession in which I have been successfully engaged during the
348 LUCRETIA CHAPMAN,
last fourteen years : should your station in life allow of your giving publicity
to the cures that have been effected by me and my lady, great encouragement
will be afforded to the unfortunate objects labouring under such a calamity as
stuttering, stammering, or any kind of impediment of speech, in your section
of countr"}'. Since the time that I was so fortunate as to effect a cure on my-
self, 1 ha"ve had four hundred and eleven pupils of both sexes, and all ages
and conditions in life : of that number, several have come to me from Europe,
the West Indies, and great distances in the United States.
With the o-reatest respect, I am, sir, your most obdt. servant,
WM. CHAP:\rAN.
To his Excellency the Governor of the Province of~\
California, Don Antonio Mara Esposimina, — City C
of S. Barbara, Republic of Mexico. _>
To the care of William Taylor, Esq. American Consul, Vera Cruz.
Andalusia, Bucks County, Penna., May 16, 1831.
Dear Madam, — Though 1 have not the pleasure of being personally ac-
quainted with you, yet as kind Providence has directed your son to my house
(which I wish may be his home, till he receives intelligence from his fond
parents), I am happy to inform you that it will be the pleasure of my hus-
band and myself to treat your son as our own child, while he remains in our
house, and I sincerely hope he will not soon leave us, as myself and family
are already much attached to him. Though he speaks the English language
but imperfectly, yet he is very intelligent, and has given us interesting ac-
counts of his family, in the English language. His manners are so mild and
engaging, that he wins the affections of every one in our house ; even our
youngest child (a little boy three years old) is delighted to remain by him
while taking our meals at the table. He has commenced studying the Eng-
lish language under my direction; and I shall be well pleased if his improve-
ment should be such as to induce him to encourage others from California and
Mexico to patronize me by sending their daughters to be educated by me in
English. Your son talks of spending three years in my house, which I hope
he will do; and if he does, you may rest assured. Madam, that parental
attentions shall be extended to him by myself and husband. With much re-
spect to your husband and family, 1 subscribe myself, dear Madam, your
sincere friend,
LUCRETIA CHAPMAN.
Para la Sn. Dn. Maria de Calme Mirones, en'}
la Republica y Cuidad de Mexico. 5
Care of Mr. William Taylor, American Consul, Vera Cruz.
Mrs. Smith continued. — 1 forgot to tell the manner in which she said her
husband died. She stated that he had eaten a very hearty dinner of pork ;
that he became extremely sick, took some brandy, which he said made him feel
much better, and went to bed. In the night he awoke her, saying he was
very ill, and asked her for the peppermint. She got up and gave it to him,
or was in the act of giving it to him, and he became deadly sick at the sto-
mach. The next day they sent for Dr. Phillips, who ordered him chicken
broth ; after taking this for a day or two, he got much better. He then
said he had taken so much of the chicken broth and had got so much better,
that he would eat some of the chicken without the broth. She dressed the
fowl herself, and sent it up by her daughter. When her daughter returned, she
found he had eaten nearly all the chicken up— being very much surprised,
she went up-stairs and said, " Mr. Chapman, how imprudent to eat so much !"
His reply was, he had lived so long on chicken broth, and the chicken tasted
so palatable, he could not help it. He was then taken very ill, and shortly
after died. She then stated that after the death of Mr. Chapman, this man
FOR POISONL\G. 349
(Mina) became very attentive to the family. A few days after Mr. Chap-
man's death he came to her and said, " Lino has one heart — Lino never
forgets a favour — If you will marry me, I will take you to Mexico, and my
mother will never forget what you have done — she has gold mines there, and
you shall share a part of them." She was surprised, and said, " Lino, would
it not be more proper for you to marry my daughter Mary "?" — He said, " No,
it is you, Mrs. Chapman, that I wish to possess — it was you that took me in
your door, not knowing who I was," or something to that amount. She then men-
tioned to him the impropriety of marrying so shortly after her husband's death.
He said, it would be thought nothing of in Mexico — he did not wish that it
should be known here ; but it would be impossible for them to travel unless they
were married. He said they would go to New York and get married ; he
would return to her house and take care of her family, and she could go on
and bring her sister, Mrs. Green, who would take possession of the property
while she was gone, and also take care of the school. They were accordingly
married, and she went on for her sister. During her absence, two gentlemen,
whom Mina styled the minister and one of his secretaries, came to the house.
He desired to introduce them to Mary, her eldest daughter, but she excused
herself, not being dressed. He then asked her to go to the store and get some
refreshments. While she was gone, Mina took a trunk of Mr. Chapman's,
filled it full of books, and gave it to those gentlemen. A few minutes after,
Mrs. Chapman arrived. The children told her that their papa's trunk was
gone. Mrs. Chapman having questioned Mina about it, he said he had given
them a few books as a memento of Mr. Chapman, and that the trunk would
be returned again. She told him her silver spoons were gone also. He said
a black woman had taken them, and that he followed her to Philadelphia a
few days after, and accused the woman of it — she was much confused, ac-
knowledged it, and paid him for them in part, promising to pay the rest.
After hearing these stories, I said, "Mrs. Chapman, I should not be sur-
prised if this fellow had poisoned your husband." She gave a sigh, and said,
"Do you think so, my dear — those gentlemen intimated the same thing."
I asked, what gentlemen. She said, " Mr. M'llvaine, Mr. iJlayney, and Mr.
Reeside." I observed to her I had not seen them. She said, " No, ma'am,
as you did not know any thing of their business, I did not mention it to you."
I observed to her, I was very much shocked to hear it. I wished to be out
of the place. Her reply was, that " hearsay was no witness."
A few days after that conversation, one of my children remarked that she
thought Mrs. Chapman was going away ; she was getting her riding-dress
brushed up. The house was in a complete state of distress and confusion every
way. Mrs. Chapman was sitting, sewing, in her chamber, preparing to go;
as I passed her door, she observed to me that she was going a little way to
sell some books, she was badly off for money, and she meant also to take her
daughter Mary with her, in order to save her feelings. ]\Iy reply was, " Mrs,
Chapman, don't you think you are wrong to go at this time, it looks like run-
ning off." She seemed a little hurt, and said, " No, ma'am, my object is to
sell some books and get money." I believe she went away that morning, or
the morning before Mr. Ross (the attorney-general) came. I had this con-
versation with her the night before she went away.
Mrs. Chapman told me further, that Mina once asked her for her watch.
She told hitn he had Mr. Chapman's already. He said, he wished to have
her watch as a memento of regard. He then took a chain and presented it to
her, saying, " this is a chain that a friend of mine gave me. I give it to you
in return for the watch — when I come back, you shall have it." He went
away, taking all the money in the house, even to a little that her sister had.
She at first wore the chain around her neck, but finding it irritated her skin
very much, she observed to her sister, that when she went to Philadelphia
she would inquire whether it was gold. She went up-stairs, and found on the
mantel a bill for himself and two females. {Published with the letter to Mina.)
2 G
350 LUCRETIA CHAPMAN,
She got alarmed, and went to Philadelphia, and inquired whether the chain
was gold. She discovered it was nothing but brass. She then made up her
mind, she hoped he would never return. In the midst of her talk with Mrs.
Green, he came in. She said, " Lino, leave me." He replied, "What is the
matter 1 if an angel from heaven had come and told me a wife of mine would
behave so, I would not have believed it." She said, " Lino, the chain you
gave me is not gold." He replied, "if your affections are so slender as a
chain, I can explain that to you. When I gave you the chain, 1 told you a
friend had given it me — that friend might have deceived me, or might have
been deceived himself." As to the note from the City Hotel for the two
females, he stated, that whilst he was in Philadelphia, a shower of rain came
on, and he ran under the arcade for protection. While he was there, two
ladies of distinction came and asked him if he had an umbrella — he said no,
he was under there for protection himself — he remained there a little while
with them, and then took them to the City Hotel; which accounted for the
bill. She then said, "Lino, my sister is not at all satisfied with this con-
duct." Said he, " W^e had better be separated then — I find I have more wives
than one to please." Mrs. Chapman replied, the sooner the better. He then
said, " Remember, Mrs. Chapman, before we go, I must tell you something."
She asked him what it was. He said, " I cannot tell you in the presence of
your sister. If you will come into the other room, I will tell you." She went
into the room with him, and returned to her sister, saying, " Sister, Lino is
not an impostor, he is a clever fellow." I asked Mrs. Chapman what it was
that he told her — she said, " Well, ma'am, that's of no consequence, it was
something between ourselves.."
Cross-examined by Mr Brown, — She said, she went to the consul's with
Lino and her little son William. The consul asked them all to dine, but she
declined, and went to Mrs. Lebrun's and dined there. She returned, and
found Lino drinking wine — she took him home in the carriage with her.
She said, that Lino told her the minister had rooms in the United States
Hotel, and was absent from town ; he (jMina) had the privilege of going there
whenever he chose, and had servants to wait on him. I understood from her
that she saw the gentlemen at her house, who were called the minister and
his secretary. They were at dinner on her return. One of them was a ^en-
teel looking man, the other not so much so. I think I was at Mrs. Chap-
man's three months.
I hereby certify that on this fifth day of July, in the year of our Lord one
thousand eight hundred and thirty-one. Lino Amalia Esposimina and Lucretia
Chapman were by me united in holy matrimony, agreeably to the form pre-
scribed by the Protestant Episcopal Church in the United States of America.
BENJ'N. T. ONDERDONK,
Bishop of the Protestant Episcopal Church in ihe Slate of New York.
iVew Foj-A-, /«/^ 5, 1831.
Witnesses present,
John A. Portal,
James Brochard, by John A. Portal.
"Willis H. Blaney, high constable of Philadelphia, sixteenth witness for pro-
secution, sworn. (This witness proved the handwriting of the prisoner
and authenticated certain letters about to be produced.)
Certain letters between the prisoner and Lino were here given in evidence ;
but are omitted, as immaterial to a full understanding of the case.
Joseph M-Ilvaine, Esq. Recorder of Philadelphia, seventeenth witness for
prosecution, sworn. — In the latter end of August last, between the 20th and
25th, it chanced, that in the absence of the mayor, the direction of police of
the city fell upon me. Mr. Blaney placed in my hands the letter of 31st
July, 1831, which he liad received from Washington, as a part of the evi-
FOR POISONING. 351
dence that Lino was an impostor. I thought that the conduct of Lino ought
to be inquired into; and accordingly went, on the 2Sth or 29th of August,
to the neicrhbourhood of Mrs. Chapman's residence, taking with me Mr. Blay-
ney and Mr. Keeside. We went together to her house, where we waited
until her return from church. I then requested to have a conversation with
her in a private parlour. I introduced the subject by saying that I had under-
stood that a person, calling himself Mina, had spent some time in her house ;
that I had in my possession very satisfactory evidence that he was a swind-
ler and an impostor ; that it had become my "duty to exert myself to have him
arrested; and that I also had reason to believe that she had suffered from
his impositions. I told her I would be obliged by such information as she
could afford me as to what he had done. She said, she could not believe that
he was an impostor ; that he had represented, and she had believed, that he was
the son of a distinguished Mexican, and began to tell me how he had come
to the house. I changed the subject, as I was seeking for other matters, and
asked her if he had not to a considerable extent injured her or plundered her
of her property 1 She said no, pretty promptly. Having in my possession
the letter last read to the jury, naming various articles, I asked her if he had
not taken from her a horse and wagon. She said that he had taken the horse
and wagon, but that his excuse was, that he had left them at a house in
Twelfth-street. I then mentioned the spoons to her. She then gave me the
same account of them as that related by Mrs. Smith. I named all the arti-
cles, and she admitted that he had carried them away. About this time Mrs.
Green came in and took a seat. I then said to Mrs. Chapman that I had it in
rny power to convince her that this man was an impostor. I asked her if she
knew what money he had when he left Bucks to go to Baltimore. She said
about fifteen dollars. I asked her if it was possible he could have had $500
of the notes of the Farmers' Bank of Bucks county. She said it was impos-
sible he could have had it. I told her I had his advertisement of having lost
that sum in notes upon that bank, and that he had used that advertisement
for the purpose of defrauding several persons in Washington ; and it was
therefore my duty to see that he was arrested. I then asked her if she could
not tell me where he had gone when he left her house last. She said he had
been gone from her house two or three days. She and Mrs. Green both said,
he had only told tliem he was going to the north.
I think the next subject of conversation was introduced in this way: I
said, that from my knowledge of the character of this man, who had been
entertained in her house, and of the lower classes of the nation to which he
belonged, and from the information I had received of the circumstances attend-
ing the death of Mr. Chapman, and the motives I could conceive a man like
him might have to plunder a woman like her, I had a very strong impression
that Mr. Chapman had died by poison, and that Lino had administered it to
him. There was a very marked effect on her countenance when I mentioned
this ; as much as I had ever witnessed. I then asked her if nothing had
occurred within her observation to make her suspect the same thing that I
suspected, or to strengthen the impression I had communicated. There was
a very decided pause, occasioned by the feeling which the question had pro-
duced. I could see that she made a great effort to recover, and she succeded.
She answered, no ; she had seen nothing of the kind ; that Lino had been Mr.
Chapman's kind nurse during his illness, and had given him a great part of
the medicine he took. She^'then instantly told me of the great attachment
Mr. Chapman felt to this man; and said, she could produce me letters that
would establish that point. I think I waived seeing the letters at that mo-
ment, and put a question which led her to speak partially of the symptoms
which attended her husband's death. She said that he and she were talking
together by themselves, when he complained of violent pain. He asked for
a small quantity of brandy, which she gave him ; he seemed to be relieved
till bed-time, and went to bed and slept soundly ; he awoke in the night sick,
352 LUCRETIA CHAPMAN,
and she arose to get the peppermint, but could not find it. From that time
he was exceedingly ill, and had symptoms of cholera morbus all night; and
Dr. Phillips came the following morning. I do not think she went into more
details, except as to the visits of Drs. Phillips and Knight, She said that
these symptoms of cholera morbus continued until his death. She returned
to the point from which I had diverted her, as to the reception of Lino into
the house. She seemed desirous to convince me that the attentions paid him
were with the entire approbation of Mr. Chapman. She produced the copies
of letters from Mr. Chapman to the father of Mina. She told me also of a
conversation that she and Mr. Cha])man had had, a day or two after Mina's
arrival there : at which they talked the whole subject over, and had come to
the conclusion that the reception of Mina into their house had been a fortu-
nate event for them in a pecuniary point of view, while, at the same time, it
had enabled them to do an act of kindness to a friendless man. I brought
her back to the fact, that this man was an impostor : I again mentioned some-
thing of the business at Washington. She then expressed surprise that
he (Mina) bad been so much of his time in Washington. She said she
supposed, from his account, that during his absence, he had been to New
Orleans and back. I remarked that if she would consider the time of his
absence, which it was admitted had not been more than between two and
three weeks, she would find it was impossible he could have been half-way
there and back. She said, that when he had returned and told her he had
been to New Orleans, she had made the same remark ; to which he replied,
he had gone all the way on a rail-road, and had travelled night and day at
the rate of thirty miles an hour. I told her there was no rail-road to New
Orleans, and that this was a palpable deception. I then urged her to inform
me where he was ; as I had proved to her that he was a swindler, and said
it was her duty to give me that information. She denied any knowledge
further than that he had gone to the north. I left her with the assurance
that if it was possible by any efiTort of the police, this man should be taken
and punished for his crimes. The effect of this interview was to leave a
mystery upon my mind, and I determined to be quiet — to create no disturb-
ance in Bucks ; but to arrest this man if possible, and then communicate to
the authorities of Bucks what information I should obtain. I learned that
he would be in Boston on a particular day, and I took means to have him
arrested.
On the 10th of September Mrs. Chapman came to my house. I had an
interview that morning with Mr. Campbell, her counsel, and had told him that
I had reason to believe that Mina was then in custody in Boston. Between
twelve and one o'clock Mrs. Chapman came to my house. She referred to
the interview I had had with Mr. Campbell in the morning, and said she had
come to have a conversation with me on the subject of her situation. I re-
peated to her that Mina was in custody, and told her that I had learned from
Mr. (IJampbell that morning, that she had been married to Mina on the 5th
July, she said she had come, by Mr. Campbell's advice, to inform me how
far she had been deceived and injured by INlina; and that her object was, that
I should advise her what she should do to protect her and her character from
the consequences. I told her it would be very difficult to give her advice ;
that her conduct had been imprudent, and that it was gross infatuation to have
taken the course she had ; that I could not promise that any step she could
take, could relieve her from the consequences. That there was but one pos-
sible course that could do her any good, which was, to convince the public
that she had been, throughout this business, the victim of deception, and that
she ought to show her sincerity by giving me all the means in her power to
bring him to justice; that if she chose to be candid in lier communications
to me, I would do all I could, consistently with my duty, to save her feelings,
and rescue her from the consequences, particularly her character, which was
involved in these proceedings. She assented to this course, and I proceeded
FOR POISONING. 353
to examine her as to all the details. All conversations that I held with Mrs.
Chapman upon tliis assurance, 1 hold to be strictly confidential, and I am not
at liberty to give a single word she then said. It is proper I should say, that
from the moment she occupied that confidential position towards me, I pur-
posely abstained from putting- to her a single question relating to the death
of Mr. Chapman, which I thought could involve her. Whatever was said,
was her voluntary communication. I confined myself to the frauds of Mina
upon her.
Mr. Brown (after conferring with the prisoner). — We waive all objec-
tions, sir.
Mr. M'llvaine continued : Our conversation that day was not a very long
one. The first thing she did was to produce a letter she had received from
Lino, dated at Brewster, Massachusetts, enclosing a draught on a man named
Bitonia, which she said was a fictitious name, or at least, that the draught
was of no value. Upon the receipt of this, she said, she had become satisfied
of the truth of my assurance to her that he was an impostor; that she had
come to town in consequence, and that among the first tbings, she had learned
the history of her horse and wagon, which he had sold. I assured her that
the draught was fictitious. I then inquired whether he had palmed upon her
any document or paper. She produced several papers for me to look at. The
first was a certificate from the minister of Mexico resident at Washington,
certifying that Lino and Mrs. Chapman were lawfully man and wife. The
moment I cast my eye upon it 1 said, " that is in Lino's handwriting, and that
seal is a forgery." The name and titles of the minister were printed at the
head of the certificate. She said she knew it was in his hand-writing but he
(Mina) had explained to her how it came to be so ; that he had written to the
minister for a certificate of this kind ; the minister had answered that his se-
cretary was absent, and he was too busy to write it himself, but that such was
his confidence in him (Mina) that he sent him a certificate, signed, which he
might fill up for himself. I told her she must give me that paper, as it would
enable me to detain him on a charge of forgery committed in Pennsylvania.
I asked her for what purpose this paper was obtained ; she said she had re-
peatedly told him, after they were married, that as his health was infirm, in
case of accident or death to him, she would have no means of claiming her
rights; that, after repeated promises, he finally produced this certificate. She
expressed great anxiety to obtain a divorce from Mina, and asked my opinion
on that subject. I said, I could give no opinion. This was all that passed.
She got up to go, and left on my table the papers referred to; went towards
the door, and came back, put her hand on the papers, and asked whether
these communications and the leaving of these papers might not bring her
into trouble? I told her she had thrown herself voluntarily upon me, and I
had pledged myself to her; I had nothing to add; and it was still for her to
decide whether the papers should be left or not. She reflected a minute ;
seemed agitated ; and finally said, she would leave them. She then left me,
intending to go in the stage.
About 8 or 9 o'clock that evening she came again to my house, as she
said she was too late for the stage. She introduced the conversation by ask-
ing my opinion on two points of law; one as to the validity of a deed she had
in her possession, and the other as to administering to the estate of her hus-
band. I told her I could not be considered as her counsel, but I would give
her a word of friendly advice, which was to omit no formality, but to adminis-
ter herself. She was averse to this course ; I told her she must do as she
pleased, I would not be considered as her counsel. vShe gave me a great num-
ber of details in relation to Mina, much of which has been related by other
Avitnesses. She gave me the story of the ladies at the United States hotel,
as related by Mrs. Smith, with some additions which make it still more im-
probable; such as, that, from the arcade they went to the Chestnut-street
theatre, from thence in a carriage to the Unit;ed States hotel. I told, her it
2 G 2 45
354 • LUCRETIA CHAPMAN,
was singular she should have been deceived by such a statement. She said,
liis excuse for the ladies not goingr home, was, that their clothes had got wet
in the shower, and that he had been up all that night with the servants of the
hotel drying tlieir clothes in order that they might go home the next morning.
She told me further, that after their marriage (Mina and herself) he had taken
her to an apartment in the United States hotel which he called the minister's
room. (The ladies alluded to were alleged to be those mentioned in the bill,
and note of Mrs. Chapman annexed.) This conversation took place on the
evening of the tenth of September. On the following Monday I received in-
formation of the arrest of INIina in Boston. I immediately forwarded an affi-
davit of the charge of forging the certificate, and wrote the same day to Mr.
Ross to come to Philadelphia and receive the case into his hands. So far all was
kept secret. As soon as I had heard of Mina's arrest I wrote to Mrs. Chapman.
On the Saturday, when Mr. Ross came, I was called into the entry, and
found I\Irs. Chapman there. I got ]Mr. Ross as quietly as I could out of the
house, and asked Mrs. Chapman, with those who accompanied her, into my
office. On that evening the first publication upon the subject in Philadelphia
was made, in the National Gazette, copied from a New York paper. Mrs.
Chapman came in with her sister, Mrs. Green, captain Baker, and her niece,
Mrs. Baker. She said she had brought those persons for tlie purpose of giv-
ing further evidence of the frauds of IMina. Captain and Mrs. Baker then
informed me that they had just arrived from Cape Cod; that they had come
on at the recommendation of Mina for the purpose of visiting their aunt; that
Mina had been at Cape Cod with letters furnished by Mrs. Chapman, to her
friends there ; that her friends had received him with open arms ; that he had
made himself very agreeable; had communicated to them his great wealth,
and the immense benefits he had conferred, and still intended to confer, on
her; that he had represented that he had $1,500,000 a year from his gold
mines ; that he had furnished IMrs. Chapman with six or ten thousand dollars
in gold, with which she had erec^ted the most elegant house in all that sec-
tion of the country; that he intended, when he received remittances, to erect
a palace on the bank of the river; that he had recommended all her relations
to come on and visit her; that he had off'ered to them some situations on a
farm adjoining that of jMrs. Chapman, which he w^as going to work with
slaves brought from IVIexico ; that to one in particular he olTered the place
of overseer. It was also mentioned that he had paid, while there, very par-
ticular attention to a niece of Mrs. Chapman's, and that this young lady had
followed him to Boston with a view to marry him. I was able to show, by the
date of the arrest, that the young lady had escaped by about twenty-four hours.
It was also mentioned that while at Cape Cod he had lost his pocket-book,
containing a large sum of money. After I had heard all they had to say, I
entered again into conversation with Mrs. Chapman. I asked her what were
the motives which induced her to pay such extraordinary attention to a
stranger 1 Her answer was, that they believed him to be a man of great
wealth, that he promised them very large sums of money, and that they ex-
pected to derive great benefit from him. In one of these interviews she pro-
duced me two papers in Spanish, which she said were written at a time when
he was sick at her house, and when it was apprehended his life might be in
danger. (Papers produced.)
(^Endorsed in Mrs. Chapmaii's lariling) Don Lino's will.
TRANSLATION.
15,00000 dollars. Be it known by these presents that I, Lino Amalio
Esposimina, as my last will, leave to Mrs. Lucretia Chapman the sum of fif-
teen thousand dollars for having assisted me with particular attention before
my death, which sum will be paid in the city of Mexico. In witness whereof
I execute this at Philadelphia, May 23, 1831.
(Seal,&c.) LINO AMALIO ESPOSIMINA.
(Margin) This is worth 815,000.
i'.'
FOR POISONING. 355
These were executed in order that, if he should die, they should be remu-
nerated for their kindnesses. I remarked to her that it was very extraordinary
that they should be deceived, when in the body of the order $15,000 is
named, and in the margin, in figures $1,500,000. During all the interviews,
I was particular not to say any thing to her that might lead her to speak of
the death of her husband. I kept the murder of iMr. Chapman o\it of view
from the time she first came to town. In all these interview s she evinced a
strong desire to be separated from Mina. When I told her that these frauds
must be the foundation of her divorce from Mina, she seemed anxious that
they should be investigated. This interview of the 17lh Se| tember was the _
last that I had "with ]\Irs. Chapman. The publication spoken of in the Na-
tional Gazette of that day, alluded to her.
The next morning Mr. Ross came to me, and I delivered the papers to him,
and gave him a statement of the case. Since that time I have taken no
part in it.
Cross-examined by Mr. Brown. — On one occasion she told me, that when
Lino was urging her to marry him, he said it was her husband's dying wish.
Mrs. Chapman said that had operated with her.
The letter of July 31st was enclosed to the high constable of Philadelphia,
in a letter from Mr. T , in Washington city, which stated that Mina had
swindled him. It was taken out of the post office by Mr. T . When sent
to Philadelphia, it had been opened. I did not know of the marriage when I
perused that letter. Mrs. Chapman did not know that I was possessed of it.
By the Court. — Whilst I was telling her of the probability of Mina having
poisoned her husband, her countenance became livid ; there was a great heav-
ing of the bosom ; I thought she would lose herself under the agitation. She
did, however, after a considerable pause, recover her self-command, and gave
me the answer, "No; I have seen nothing of the sort; Mr. Lino was my
husband's kind nurse during his sickness." I did not think there was an ex-
pression or appearance of surprise, as I expected there would have been. I do
not say it was fear; it did not look like surprise. I was disa|)pointed at the
moment, for I had hoped for such an expression of surprise, and that she
would have inquired of me what reason I had for suspecting him. She did
not make such inquiry, either then or at any subsequent period. These are
my reasons for saying it was not surprise : she leaned upon her arm ; did not
look me in the face; and from the middle of the sentence, from the time my
object became apparent, there was a very striking change of countenance to
as livid an expression as I ever saw ; accompanied by a convulsive heaving
of the bosom, as if by an effort to control feeling, until the sentence was end-
ed, and for a considerable pause after. The interval was such, that I thought
she would have sunk under the feeling, whatever it was. She recovered her-
self, and made the answer. The effect was unsatisfactory to me at the time;
I did not know they were then married. 1 think she said, she did not think
it possible that Lino could do any thing so diabolical.
Brewster, Sept. 1st, 1831.
Mrs. Chapman — Dear Madam : It is with much pleasure I inform you of
my arrival at this place, and with your friends, who I am pleased to inform
you are in good health. Your recommendation to General Cobb I am very
much pleased with, whose house I now reside ; I called at your sister's, Mrs.
Abigail's this morning who with her family are in good health. Mrs. Baker
I will visit to-morrow, as she lives at a distance of six miles from this place.
I shall leave this place for Boston in two days, where I shall remain until I
hear from you. W'ith the enclosed order I wish you to call on Sn. Dn. Juan
Bautista Bitonia at Phild. and forward me the amount of the order. To the
care of Messrs. Elijah Cobb & Co., mercha«iis, Boston. I wish you to send
the money soon as possible, as I shall stay in that city until I hear from you.
If you wish for money for your own use, please draw on the above named
356 LUCRETIA CHAPMAN,
gentleman, who will place the same to my ac't. Present my respects to Mrs.
Green, your children, and other friends wlio inquire after me. 1 remain yours
respectfully, LL\0 A. ESPOSYMINA.
TKANSLATION.
I have this day drawn in favour of Mrs. L. C. for the sum of $1000, lawful
money, &c. (Dated and signed as above.)
TRANSLATION.
Don Tomas Montolla, Colonel of Infantry, and INIinister, &c. of the Repub-
lic of Mexico.
I certify by these presents that 1 have recognised Don Lino A. Esposymina
as the lawful husband of Mrs. Lucretia Winslow; he having contracted mar-
riage with the said lady. In witness whereof, &c. (Dated, &c. as above.)
Saturday morning, February 19th.
(Mr. M'llvaine finished his testimony this morning, but the adjournment at
last evening was omitted to be noticed.)
Jualiua Barker, esq., eighteenth witness for the prosecution, affirmed. — Mrs.
Chapman called at my house in company with her brother-in-law Green, on
the evening of the 19th September, about dark, and stated that she wished to
have something in the form of a power of attorney drawn up to authorize her
brother to transact business for her in her absence, as she was going away the
next morning. At the time I was particularly engaged, and wished to post-
pone it till the next day; but by her importunities I was induced to do as she
wished, and I drew a power of attorney, authorizing her brother to do general
business, and it was executed. It was signed " Lucretia Chapman." I think
I asked her if she was going away for any length of time. Her reply did not
indicate that she was. JShe wished to impress me with the idea that it would
be a temporary absence. She said her object was, to take some books to New
York for sale.
Cross-examined b;i Mr. Brown. — I have known Mr. and IVIrs. Chapman tw^o
or three years. I have been occasionally at their house. I never observed
any want of harmony between them. I live about two miles off". I once saw
Mina and Mrs. Chapman in a carriage together near my house — she intro-
duced him to me as a young gentleman from Mexico.
Jonathan Thomas, nineteenth witness for prosecution, affiriued. — [This
witness having been called to prove the identity of the body which was dis-
interred, ]Mr. Brown said, it was admitted that that was the body of Mr.
Chapman.]
Br. JoJtn P. Hopl-inson, twentieth witness for the prosecution, sworn. — I
w^as requested by Mr. Ross to make an examination of the body of Wil-
liam Chapman, and on the 21st day of September, proceeded to do so. The
coffin was removed from the grave, and the lid taken off. l^he odour that
escaped from the coffin was not remarkably offensive. ITpon the first inspec-
tion of the body, the whole of the face was black and putrid, and the linen
about it somewhat stained. I cut through the coverings and exposed the
abdomen and part of the chest, which were of a pale white appearance. I
made two incisions, and exposed the cavity of the abdomen ; and was struck
with its firmness and resistance. No offensive odour escaped from the abdo-
men. The stomach appeared externally as if inflamed within, that is, it had
a somewhat dark colour. I now requested Dr. Coates to assist me in the
examination. We proceeded first to examine the intestines, which we opened
in many parts. We were here struck with the absence of any fluid in them.
They were very slightly distended, and seemed disposed rather to become
dry than to putrifj'-. With the single exception of a small quantity of bilious-
looking matter in the commencement of the large intestine, they were, I be-
lieve, totally empty. Their appearance was universally pale, without any
FOR POISONING. 357
marks of inflammation. The whole canal was exammed in this general way,
with the exception of the terminating portion called the rectum, which was
not examined. The liver and other solid viscera presented no unhealthy ap-
pearance ; and we proceeded in the next place to remove the stomach ; to
accomplish which, ligatures were applied, insulating it, including a portion
of the commencement of the intestines. We now remarked that in cutting
the oesophagus or gullet, that it appeared inflamed. The parts removed were
immediately placed in a glass jar, cleansed for the purpose, and it was closed
by myself. — We reflected some time whether our examination had been ex-
tended sufficiently far; and from the appearance of the stomach externally,
it seemed to us that the objects of our examination were accomplished. I
carried the jar and its contents to Philadelphia, kept them constantly in my
own possession, and on the following morning placed them in the hands of
Dr. Mitchell for analysis.
In the presence of Dr. Mitchell, and Mr. Clemson, who was to assist in
the analysis, I opened the stomach. The whole surface exposed, was covered
with a dark, brownish coloured mucus. This was scraped otf and carefully
removed for a separate analysis, and the surface of the stomach exposed. It
presented appearances of universal inflammation, at one extremity bounded by
the orifice leading into the intestine, extending to the other leading into the
oesophagus. I here left the matter with Dr. Mitchell for examination.
In reply to questions put by Commonwealth's counsel,^ — I am a practitioner of
medicine andsurgery, and am engaged in lecturing on anatomy in the Univer-
sity of Pennsylvania. I have had very considerable experience in dissections.
The peculiarities which particularly struck me (at the examination,) were,
the slight degree of putrefaction in the abdominal viscera, and the limited ex-
tent of the inflammation from the stomach. To this I will add, that when the
stomach was opened, a very peculiar smell, which I immediately compared to
that of pickled herring, arose from it. Upon my mentioning this, all present
confirmed it. — Both the stomach and intestines, M'hen cut, showed consi-
derable firmness of texture. I was further surprised that so little matter of
any kind should be found in the canal or the stomach. I have examined
many hundreds of bodies, and never observed such a smell before. I never
dissected a body of a person who died by arsenic, to my knowledge.
In cases of poisoning by arsenic, the inflammation may be confined to thd"
stomach. A person may die of arsenic, and no trace be found of it in the
stomach. Cases of this kind are recorded. In cases of poisoning by arsenic,
inflammation of the intestines is not an invariable symptom. In case of
death from local inflammation, the part aflfected is most liable to putrefaction.
Medical opinion is divided, in respect to arsenic being an antiseptic upon a
living body. It is used for the purpose of preserving animals, being applied
after death. Judging from the appearance of the body, I should attribute the
death of Mr. Chapman to inflammation of the stomach. From the symptoms
detailed by Drs. Phillips and Knight, and from the appearance of the body,
I am disposed to attribute the death of Mr. Chapman to the action of some
violent substance on the stomach. Authorities state that inflammation of the
rectum, and such discharges as sometimes attend it, are symptoms of poison-
ing by arsenic.
Cross-examined by Messrs. Broivn and M'-Call. — I did not examine the rec-
tum. By a violent substance (to which I attribute the death of Mr. Chap-
man) I mean a substance usually termed poison. Bile would not be consi-
dered a violent substance. It produces irritation, but I am not prepared to say
that bile would produce inflammation. It is difficult to describe inflammation
— it is impossible to explain it to one who is not a medical man. Irritation
is the commencement of inflaramacion. Irritants are the causes of inflam-
mation. Inflammation certainly exists after death, when caused by natural
diseases. Congestion is very diflTerent from inflammation.
The gall bladder contained some bile ; it was not opened. — The symptoms
358 . LIJCRETIA CHAPMAN, ^^!'
I heard from the medical witnesses are those of r-holera morbus. — Putrefac-
tion is hastened or retarded by circumstances. Causes of retarding r.utrefac-
tion may be, the dryness of the soil — the individual not having died very
suddenly — and the absence of any fcecal matter in the intestinal canal. I
never before examined a body after so long an interval from the decease. I
never before examined a body that had been disinterred. Absorption may go
on after death. Arsenic will only preserve that with which it is in immedi-
ate contact. Applied to an animal internally, after death, it may preserve the
whole. The body, except the face, was in a good general state of preserva-
tion. The inside of the coffin, and the linen, were dry. The ground in
which the coffin was deposited, was a mixture of clay and gravel. From
having read of cases of long interment, I would say that the herring smell
is not usual. I never heard or read of the herring smell peculiarly belong-
ing to arsenic.
A violent case of the cholera morbus might present the same appearance
after death as this body. — Orfila 1 consider as high authority. It is a gene-
ral opinion, that the results of cholera morbus and arsenic on the stomach
are difficult to distinguish. I should not now consider the examination I
made as sufficient, although when made, I did consider it so from the appear-
ance of the stomach. It is considered that the appearances of the body as
to these subjects are fallacious. The examination of the heart is not as im-
portant as that of the stomach in examining for poison. I was not apprized
that Mr. Chapman laboured under a disease of the heart. In so small a quan-
tity of arsenic as would kill a man, I should not suppose the heart would
show it. Four or five grains will destroy life.
We were not more than three-quarters of an hour in examining the body,
if so much. The discharge of bloody serum spoken of does not accompany
any general disease, but it may accompany a disease of the rectum. In dys-
entery, blood and serum are discharged. I do not know that blood is discharged
in cholera morbus. I have never known a case of cholera morbus to termi-
nate fatally, neither in my own practice, nor in that of the friends I have
consulted.
£1/ t/it Cuurt. — Cholera morbus continues trom a few hours to several days.
I never had a patient in my care to continue beyond one or two days. Cholera
morbus arises from the action of irritating substances in the stomach and
bowels. The seat of the disease in this case was solely in the stomach.
The inflammation might have been very violent in the rectum without show-
ing it above. I presumed that I had the cause of death in the stomach, and
therefore did not make further examination than I have detailed. From the
symptoms that preceded his death, I should not have thought it at all neces-
sary to examine for apoplexy. From the symptoms described, and from the
post-mortem examination, I have no doubt bat the disease that caused his
death was in the stomach. I locked up the vessel that contained the stomach
while in my care; I carried it myself to Dr. Mitchell. The tendency in the
intestines was to dry. I never saw the dryness of the intestines in any body
I ever examined before. I thought at the time, that if there was poison, I
had it in the stomach. {Mjuumed till Munchnj murning.)
Monday morning, February 20.
Dr. Reynell Coufes, twentj'-first witness for prosecution, affirmed. — I am a
practitioner of medicine. I was present at the disinterment of the body, in
the church-yard of All Saints, on the Bristol turnpike. When the coffin was
removed from the ground, it was placed upon the ground, and opened. Dr.
Hopkinson proceeded to lay the body bare, previous to examination. He
opened the abdomen, and then requested my assistance in the further examina-
tion. The examination proceeded to the abdomen only. I observed previ-
ously to the body being opened, that the lid towards the head was indented,
apparently by the weight of the earth, and by the action of a slight degree of
FOR POISONING. • • 359
moisture. The smell of the body was not fetid. The face was the only ex-
ternal part which was presented to view during the examination wliich exhi-
bited si^ns of putrefaction. It was very much putrified. The body exter-
nally had a clammy feel. When the abdomen was opened, we were surprised
at the small quantity of moisture in it. I do not recollect distinctly the order
in which the parts were examined, althoucrh I recollect distinctly the exami-
nation of each part. The small intestines were opened throughout a large
portion of their extent by incisions made in various places. They were al-
most empty, although there were observed in them two or three small por-
tions of fgscal matter, tinged with apparently healthy bile. Those portions
of the intestines which came into view, exhibited no signs of disease. I
think the whole extent of the small intestines was handled. One consider-
able incision was made — or perhaps two — into the large intestine. No signs
of disease were found here, but there was present a small portion of faeces
apparently tinged with healthy bile. The external appearance of the stomach
induced us to think that the internal coat was in a state of inflammation. The
stomach, together with a portion of intestine, was tied at each extremity and
removed from the body. When the oesophagus or gullet was divided, we had
the opportunity of seeing a small portion of the internal lining of the gullet
close to the stomach. This part was in a very intense state of inflammation.
The liver did not possess any marks of disease. The gall-bladder appeared
to contain some bile, and had externally a healthy appearance. The spleen
was soft, and in a condition not unusual where persons die of disease of rapid
progress. The kidneys appeared to be healthy ; they were not dissected.
The stomach and that portion of the intestine removed with it, were placed
in a clean bottle by Dr. Hopkinson — the coffin was closed, and the body re-
interred. These are, I believe, all the facts 1 know. This examination took
place in September.
I forgot to notice, that upon opening the abdomen there was a very peculiar
smell. I do not know that I could liken it to any thing precisely. I never
perceived it in opening any other body. I have been present at the examina-
tion of two bodies, said to have died by arsenic. Both of those cases were
prior to my studying medicine. All the appearances in this body were in ac-
cordance with a certain class of cases of poisoning by arsenic.
In reply to qucstiims put by commomcealtli's counsel. — The bloody serum
spoken of by Dr. Phillips, the inflammation of the gullet, and the absence
of the inflammation of the intestines, as the question is general, would not
be evidence of poison by arsenic. Inflammation of the rectum is one of the
symptoms of poisoning by arsenic. A man may die by arsenic, and from
vomiting and purging, no trace of it afterwards be found.
In the cholera morbus there are generally some marks of inflammation
about the small intestines. From the nature of these there may probably be
some marks in the stomach, though probably not very intense. I have heard,
however, of cases of cholera, in which the inflammation of the stomach was
intense. In natural death, the diseased part is considered most liable to putre-
faction— I think it would always be so, unless the death were instantaneous,
or nearly so. This answer is applicable to cases of death by accident. In
all cases of local inflammation, the diseased part is most liable to putrefac-
tion. Arsenic is not agreed to be an antiseptic even in a dead subject. My
own opinion is, that it is an antiseptic.
From what I saw, and from the evidence of Drs. Phillips, Knight, and Hop-
kinson, I am of opinion that Mr. Chapman died by the action of some corro-
sive poison, or irritant poison, probably of an arsenical character.
The ordinary symptoms of disease occasioned by arsenic are as follow : —
The first marked symptom is some degree of sickness at the stomach, ac-
companied by an uneasy feeling in that part ; there is soon pain in the sto-
mach, accompanied by an acrid feeling in the mouth, being the commencing
symptom of inflammation about the mouth and throat; the pain in the stomach
*^..
360 LUCRETIA CHAPMAN,
rapidly becomes very severe, and sometimes tiiat in the throat also ; the pa-
tient complains of an intense burning sensation ; this burning pain generally
soon reaches its height, and continues throughout the case. Vomiting is a
very common symptom. The quantity of the first discharges depends on the
quantity of the contents of the stomach. When the stomach is evacuated or
nearly so, if the vomiting continues, bile is generally thrown up, of a healthy
character. After a certain time, if the vomiling still continues, and that time
not very long, it sinks into useless and straining efforts to vomit, without
bringing up any thing. In some cases of the same class with these, there is
no vomiting from the first to the last. At the time when these inflammatory
symptoms begin to be severe, there is generally some irritation of the small
intestines also. Sometimes this irritation also becomes very severe, and a
burning sensation and pain upon pressure are extended to the whole abdo-
men. Very early in tlie case the system is found in a slate of collapse ; all
the vital energies are very much depressed. The heart and circulation ap-
pear to suffer most. The pulse is found to be small, weak, and frequent; in
fatal cases it is often entirely imperceptible at the wrist. In fatal cases this
collapse frequently continues until death, the system never reacting, and there
never being a proper state of fever. The symptoms described as affecting the
small intestines, are often wanting in the case. Somietimes all the symptoms
intermit in the progress of protracted cases, and reappear upon the second at-
tack. Cramps in the lower extremities are not unfrequently present, and are
often severe. Irritation about the rectum is one of the most common symp-
toms. All the other mucous membranes are affected. The brain and the
nerves of sensation and motion are affected sometimes, though seldom.
These are the symptoms attending the most numerous cases of poisoning by
arsenic.
Cross-examined by Mr. Brown. — I resided in the borough of Bristol at the
time of the disinterment. I was not asked to be present by any one ; I had
heard of it, and considered it a privilege to be present. I had frequently
heard before, that Dr. Phillips had, prior to the suspicion of poison in the
case, attributed the death to cholera morbus. I think he told me so him-
self. The physician to whom the character of a case is communicated by
another, is not, every thing else being equal, as well fitted to judge of it as
the physician who saw it.
All the symptoms described by Dr. Phillips that I heard, might attend other
diseases. There were none of the symptoms that would necessarily be the
effect of arsenic. I should never feel authorized, by any train of symptoms
to say, that a man had died by arsenic. I would not feel authorized to say
so, from any external appearance of the body, nor from any consistency of
it. Beyond these, I observed the external appearance of the stomach, the
inflammation of the gullet, and the absence of inflammation in the small
intestines. I have both heard and read, and what is better, have observed
conclusions proved to be correct, drawn from the external appearance of
the stomach. I do not regard such conclusions as absolutely positive, but
only very probable.
Three coats are commonly named for the stomach, the mucous, the nervous,
and the muscular, which is covered by the peritoneum. I could certainly
know better the state of the stomach by seeing it through the peritoneum,
than I could know the lining of a coat from seeing the cloth outside. The
inferences from the appearances in such case could be drawn by a prac-
tised eye alone ; but such might be drawn. An opinion drawn from such
appearances might be ill founded. The colour of ttie peritoneum was what
I should call a dull ashy grayness, not uniform in all its parts, but ap-
proaching to a mottled appearance. I have examined stomachs longer after
death than this — none, however, which were not subjected to a peculiar
preparation. I have examined stomachs in various periods of decay, at
shorter periods after death. I do not think that I ever before examined a
FOR POISONING. 361
stomach taken from a body which had so long been interred. I have been
contented to form as strong an opinion as I now have from the external ap-
pearance of the stomach. I incline to the opinion that arsenic would be a
preservative of the body. A burial shortly after death would be calculated
to preserve the body. The character of the soil, material of the coffin, and
absence of fluids from the body would be means of preservation. Arsenic
would not be as apt to preserve the face as any other part, when applied
at a distance from it. The preservative effects upon the abdomen would
be stronger than upon the face in this case, because the abdomen was
nearer th'e spot to which the arsenic was applied. If there were arsenic
enough in the abdomen to preserve, there would be enough to inflame it.
One of the organs in the abdomen, which is considered a part of it, was
inflamed. The parts were all in a good state of preservation. That which
was inflamed was in no better preservation than the rest. There is in all
corpses reasons for the face decaying faster than other parts : it is un-
covered— and in this case there was moisture about it.
It would be impossible to answer the question by what process death is
produced by arsenic. In most cases, death is produced in consequence of
inflammation caused by it.
I have never formed an opinion whether arsenic destroys by absorption or
not. I think it probable that it does enter the blood. I think arsenic would
preserve parts with which it does not come into contact, and to which it could
not be conveyed by any obvious process. I do not know by what principle
it would be that it would do so. I think not by absorption in all cases ; I
think the twentieth part of a grain is the smallest quantity that has been de-
tected upon analysis. I have not heard on the best authority that the three
hundredth part of a grain has been detected. A stomach, inflamed as I sup-
pose that (of Mr. Chapman's) to have been, might be dissolved, and no traces
of arsenic be discovered. I should suppose that in a very large majority of
such cases, arsenic would be found, i cannot distinguish between a high
state of inflammation produced by natural causes, and a high state of inflam-
mation produced by poison. Such a state of the intestines as I observed
might be produced by natural causes.
1 infer there was poison in this case from the joint evidence of all the cir-
cumstances. All the supposed proofs are liable to exception. My conclu-
sions in this case were drawn from all the symptoms, and all the morbid ap-
pearances ; which, taken together, are sufficient, in my mind, to show the
presence of an irritant poison, which can be proved by any train of circum-
stances whatever, short of chemical proof, which I have not heard. I have
not said, at any time, that I was physically sure that this man died of an irri-
tant poison; but that is my opinion, founded upon the same evidence which
determines us in all medical researches. Where life is dependent upon the
result, I should consider the evidence I have, sufficient to say, that the man
died by poison ; that is, the evidence I had was sufficient proof to determine
me in my medical practice. From what I saw of the body alone, I should
not say what was the cause of his death. We did not examine the heart.
The brain would not be likely to show the effects of poison by arsenic. I
should suppose the examination of the body took up more than an hour. The
circumstances that appear from what Dr. Hopkinson has testified, corroborate
my conclusions.
It is within possibility, that all the symptoms and appearances that have
been described, all the examinations that have been made and described, and
all that I myself saw, might be accounted for on the supposition that the
man died a natural death.
I do not think it possible that any one can be certain that a man died by
poison, unless the poison be found in the body. The evidence I have of the
man having died by poison, is as strong as it could be, without the arsenic
being found there.
2 H 46
362 LUCRETIA CHAPMAN,
Although the appearances and symptoms could be accounted for by natural
causes, the thing is so exceedingly improbable, that I could not take it into
view in coming to a medical conclusion, which, however, can never be posi-
tive. Such a course of circumstances I never saw, and never heard described,
as attendant upon cholera morbus, existed in this case. The cholera has
fallen a good deal under my own observarion, in both its forms (the common
cholera morbus and the epidemic Asiatic cholera), and I have never seen
it run such a course, and be attended after death by such morbid appear-
ances ; nor have I seen such morbid appearances described as attending it
after death.
I have always been convinced that medical testimony is an insufficient
ground, independent of any chemical investigation, to warrant me in deter-
mining a case of life and death, were I called upon to determine the fact
legally. In point oi fact, it is not to be relied upon. (Jlc/Journed.)
Monday afternoon.
Dr. John K. Mitchell, twenty-second witness for prosecution, sworn. — I am
a practitioner of medicine and lecturer on chemistry, and one of the attending
physicians of the Pennsylvania hospital. On the '2'2d September, 1831, Dr.
Hopkinson brought to my laboratory in Philadelphia, a jar, containing a sto-
mach, and about six inches of the intestine nearest the stomach, called the
duodenum, which he told me was the stomach of Mr. Chapman, which he
had disinterred somewhere on the Bristol road. In his, and Mr. Clemson's
presence, an examination of this stomach and intestine was made. The ex-
terior appearance of the stomach differed very much from that of the duode-
num. The duodenum was of a nearly white colour, such as a healthy duo-
denum appears. The stomach was much darker, and had a reddish tint :
it might be said to be a dark gray, tinged with red. The large vessels of the
stomach could be traced by a stronger red colour, but of the same description
of colour. The smell of the whole was very peculiar, such as I had never
before perceived. Upon consultation, we came to the conclusion, that it
most resembled the smell of a dried Scotch herring. We proceeded then to
open the stomach, which was tied at its upper orifice, a string being applied
likewise to the other end of the intestine, so as to include the contents of the
stomach. Upon laying open the stomach and intestine, we found them
empty; there being nothing in them but a thin layer of matter, which was
attached to the sides of the stomach. Through this adhesive mucus, which
lined the stomach, we could, in many places, perceive the colour of the
lining-coat, or the internal membrane of the stomach, which, wherever it
showed itself, appeared of a red colour. In some places the course of larger
vessels than those that give the general colour could be traced by a more dis-
tinct redness. It appeared as if the blood had spread from the sides of these
vessels, the deepest colour being in the middle line, gradually fading until
the colour became that of the walls of the stomach generally. Nothing ap-
peared remarkable in the duodenum except the pale straw yellow colour of
its internal surfaces.
As Mr. Chapman had been said to be poisoned by arsenic, and as the most
usual arsenical preparation used in poisoning is not very soluble in water, I
passed my fingers over the whole internal lining, feeling the mucus which
lined it for the purpose of ascertaining if any thing gritty could there be
found. In this manner, and by examination with the eye, we failed to dis-
cover any solid body or particle, in any part of the stomach, or attached duo-
denum. As the stomach contained nothing, and as no particles of any sort
could be discovered in it, the detection of arsenic, or of any other poison
presented a probable difficulty. It was therefore thought best to scrape off
from the internal walls of the stomach the viscid mucus with which it was
lined ; to subject that to one method of analysis, and the solid stomach and
FOR POISONING. 363
intestine to another. In the attempt to remove the mucus, which was done
with a smooth-edged bone spoon, it was found in some places so much at-
tached as to bring with it the internal coat of the stomach, which appeared
in some places to have been loosened from its cellular attachments to the
muscular coat, by a very thin plate of what appeared to be effused blood.
A little water was passed over the inner surface of the stomach after scraping
for the purpose of the better observing its condition ; that water was added
to the mucus which had been scrapeJ off. Then the stomach appeared to be
less regularly red than might have been inferred from the examination before
the mucus was removed. There then appeared many red spots, especially
around the first opening of the stomach, next the gullet, and in various parts
of the stomach could be perceived dark brown patches. None of these seem-
ed to be the effect of putrefaction ; for there was no smell indicative of that
process. I do not recollect any thing farther in the appearance of the stomach
and duodenum worthy of notice.
To the mucus and water already mentioned, some more clean water was
added, and the whole boiled in a clean Florence flask for a considerable time ;
every thing thus treated was then thrown upon a filter. After filtration there
was left on the filter a dark brown substance, which was thrown into nitric
acid (filter and all), in which the stomach and intestine were undergoing so-
lution. The liquid which had been filtered was transparent, with a very faint
amber yellow colour. Very small portions of this liquid, taken separately,
were subjected to liquid tests. Sulphate of copper in solution changed the
colour of that portion to which it was applied to an undecided grass green.
Nitrate of silver in solution gave a brownish yellow flocculent precipitate,
which grew darker, and soon lost its yellowishness. Sulphuretted hydrogen
in its gaseous state was passed through another portion, and deepened its
yellow tint just perceptibly. Nearly the whole of the liquid was then sub-
jected to the action of sulphuretted hydrogen, thrown into a capsule, heated
until its yellowness became distinctly marked, and its transparency was gone.
The whole liquid was then thrown upon a filter, and, from necessity, left for
several hours. When it was again looked at, a transparent liquid was found
in the vessel beneath the filter, and on the filter was discoverable a yellow
substance which could not be separated from it, being in too small a quantity
and the paper not being smooth. As the quantity was too small to hope to
look for any decided result from heating it alone, it was thrown (filter and
all) into the vessel in which the stomach and intestine were in a state of so-
lution. Every thing then which might be supposed to contain poison, re-
mained to be looked for in the nitric acid solution. That was evaporated
nearly to dryness, heated again by nitric acid, and so on, until it was sup-
posed that the animal matter was destroyed. Water was added to the resi-
due, and boiled on it until it was supposed that every thing soluble had been
taken up. That liquid was filtered, evaporated to dryness (I have on this
point rather an indistinct recollection), and treated with lime water. This
matter was evaporated to dryness after using the lime water, and it was pre-
sumable that if any arsenic were present, it existed in the dried mass as a
salt called arseniate of lime. This was divided into three portions, each
placed in the closed end of a glass tube, open at the other end. The sealed
end of a tube was then placed over the flame of a spirit lamp (the dried mass
was mixed with powdered charcoal, before being placed in the tubes), with
a view to sublime metallic arsenic, if any there should be. The tube which
was held by Mr. Clemson, became covered on its internal surface for some
distance above the material employed in the tube, with black looking matter,
which an unpractised eye might readily mistake for a metal ; for although
black, it was glistening. In conducting this experiment, and after these ap-
pearances had been observed, the sealed end cracked and opened under the
action of the spirit lamp ; when Mr. Clemson, who was holding it, turned
round and said, " is any one subliming arsenic in the room ]" The reply was
364 LUCRETIA CHAPMAN,
no; and he then called me to examine what the odour of the tube was, and
I distinctly recognised what I believed to be the smell of the fumes of arse-
nic. The tube was subsequently heated where the shining black matter had
lodged, and as the tube was open at both ends, a current of air was passing
through it, and the arsenical smell was perceptible at the upper end. The
other tubes were subsequently at different times treated in the same manner ;
and, with the exception of the breaking, presented similar results; a black
matter covering the arsenical ring, if any was there. There was no evidence
to the eye that there was any arsenic there. This is a succinct history of the
proceedings in my laboratory for the detection of arsenic.
Previously to entering upon the search for arsenic, some tests were used
for the purpose of ascertaining whether it would be proper to search for any
other poison. Corrosive sublimate and tartar emetic were thus looked for,
but no indication of their presence, however slight, could be discovered.
That was all that was done with Mr. Chapman's stomach as far as I re-
collect.
Examined by the counsel for the commonivealth, — As a chemist, knowing
nothing more of the case than one who is not a physician would know, I
would say that the tests used upon the liquid obtained by boiling the mucus
of the stomach gave no conclusive evidence of the presence of any arsenical
matter. They, I think, ought not to be regarded, being negative. The ar-
senical odour is generally esteemed, by high authority on this subject, a very
imperfect test of the presence of arsenic; but as the objections to this test are
several, and as it was important for public justice that this case should be
strictly examined, I tested, one by one, experimentally, the objections. The
first alleges that the mixture of animal matter so covers, when it is volatilized
along with arsenic, the odour of that metal, that it cannot be perceived.
That objection does not apply in this case, as it was perceived. Another
objection is founded upon the alleged similar odour of certain substances,
phosphorus and its compounds; zinc, antimony, and onions, garlic, and
things of that kind. Garlic or onions could not, by any possibility, have
been present in the matter which was sublimed. Antimony, zinc, and the
phosphates, mixed with animal matter and charcoal, were tested in similar
tubes under like circumstances. These experiments were repeated again and
again, in the absence of Mr. Clemson, without the production of the arsenical
odour, or any thing that I could mistake for it, unless I actually placed
arsenic in the tube. Supposing myself liable to deception, because 1 knew
what was actually in the tubes, I prepared a set of them containing these
articles (ph. of soda, kermes mineral, and some granulated zinc); I placed
them, while under treatment by the spirit lamp, and in succession, under the
nose of Mr. Clemson, who was ignorant of their contents. Among these
tubes one was prepared with arsenic in a very small quantity. It was only
when the tube containing the arsenic was heated and presented to him that
he said decidedly and promptly, " That is arsenic :" and did not hesitate
about tlie others, that there was no arsenic there.
Desirous to pursue an investigation after the partial failure of this one, 1
placed in a stomach, which was brought to me from the alms-house, a small
quantity of arsenite of potash in solution ;* called Fowler's solution, intend-
ing to analyze it at my leisure, for the purpose of seeing how small a quantity
I could separate. Other duties prevented me from attending to the analysis,
and it (the stomach) remained in my laboratory for two or three months.
It did not putrefy in that time, and at the end of that period it had precisely
the smell, as far as I could recollect, of the stomach of Mr. Chapman. A
smell which was new to me ; and which I observed only in those two
stomachs. After all these investigations, I still feel bound by the high
authority of those writers who have expressed an opinion on the subject, to
* Two drachms.
FOR POISONING. 365
say, that the chemical proofs of the presence of arsenic, though amounting to
a strong presumption, are not conclusive evidence of its presence. a
I am now, sir, to state my opinion upon all the proofs. For these reasons : *" •
the suddenness and the violence of the attack, in a neighbourhood subject at
that time to no epidemic, in a man of temperate and cautious habits, attended
with the following symptoms : sickness and vomiting, a burning pain in the
region of the stomach, described as being " like fire ;" attended with extraor- ^.
dinary reduction of strength, and very unusual coldness of the extremities for
a very considerable period before death, the absence of delirium, the particular
character of pulse described, the parched state of the mouth, the unusual
livid spots about the face, the preternatural rigidity of the body after death,
absence of swelling of the belly, the calm and nearly quiet death after so
much suffering, the intellectual faculties remaining perfect nearly till death
(there being no evidence that he had them not till death), the period at which
death took place, are the symptoms upon which I partly found my opinion.
I found no part of that opinion upon the state of the body when taken out of
the ground ; nor can I with a single comparative fact, with reference to the
smell, permit that to form any part of the foundation of my opinion.
The circumstances upon which I in part found my opinion, derived from
the examination of the dead body, are those peculiarities in the morbid state
of the stomach which I have before noticed. The singular exemption of the ,»
intestines from disease, except the rectum, from which there U'as discharged
matter significant of disease in that organ, which, had it j)assed through the
intestines, would have left traces of its progress, being coloured ; added to
these, the hitherto inconclusive chemical proofs, acquire increased strength ;
and I am unable, after a careful and considerate view of the whole ground, to
resist the conclusion that William Chapman died because of the presence of
arsenic in his stomach. That is all I have to say. I think Christi.son is
consi^^red the best English authority on poisons. Orfila, the best French
authority.
Cross-examined by Mr. Brown, — I consider Berzelius as the first chemical
authority in the world. I do not think that the ivhole of the symptoms de-
monstrate the presence of poison; and of course that includes the admission
that any one of them does not. The bloody serum issuing per anum might
have proceeded from a variety of diseases. The livid spots also, they are
very usual when malignant fevers prevail; they characterize the spotted ■'
fever. After a considerable time, the rigidity of the body is of no unfrequent
occurrence. I think it very unusual for a body to become stiff in one hour's
time. It is usual for the body to become stitTer gradually. Ceteris paribus,
ocular observation of the symptoms is the best test for forming an opinion.
A physician might feel himself authorized to pass an opinion upon the cause
of a man's death, upon hearing his symptoms, even though the attending
physician being competent could not be able to do so, because the person to
whom he narrated them might have peculiar advantages for observation.
Upon this are founded most medical consultations. In reciting symptoms,
facts are stated ; the opinion founded upon them is an act of judgment.
Omissions of symptoms in this particular case could not alter the opinion ;
because the ground of the case, as regards the principles, has been travelled
over. Whether it (the opinion) would depend upon the degree of reduction
in intensity of symptoms, I hardly know how to answer. Cholera morbus
is a vomiting and purging. Sometimes in indigestion there is violent
vomiting; in cases of dysentery there is rarely vomiting; there are occa-
sionally discharges of bloody serum. There is every variety of the state
of the pulse in fatal cases of dysentery.
The violent burning " like fire" I never saw presented in the cholera of our
own country. In that disease the intestines are found sometimes empty, and
sometimes full. I never saw a case in which a patient diedfrom inanition,
in cholera. In epidemic cholera of E. I. the symptoms are represented to be
2 H 2
-""^ 366 LUCRETIA CHAPMAN,
like those occasioned by irritant poisons. It is said, that irritant poisons are
among the causes of cholera. I attach no importance to the preservation
of the body. To judge of the degree of importance, &c., it would be neces-
sary to examine bodies from that burial ground three months after interment.
The exemption from inflammation of the lower intestines, I do consider
important, not as standing by itself, but in connexion with the disease of the
.^ stomach and rectum. I believe that there is evidence of the disease of the
rectum — the bloody matter which could not have come from the intestines.
There are bloody discharges from piles. I have heard no evidence of cholera
being rife in that neighbourhood. If there were, I think it would have no
influence upon my opinion, unless they were malignant cases. Fowler's so-
lution is administered as a medicine in some cases. It is arsenite of potash
in solution. I believe very few physicians administer it now in intermittents.
If the medicine were poisonous, those symptoms would depend upon them.
I think calomel could not have produced them. I have seen Mr. Chapman
once, several years ago. When the disease is not very violent, the constitu-
tion of the individual modifies it very much. Diseases of a very acute cha-
racter, especially when epidemic, seem to be under no sort of influence,
derived from the constitution of the individual. Age and sex sometimes
make a difference. Smear-case and pork, eaten at night heartily, if the per-
son be not accustomed to them, would be very sure to hurt him.
For my friend Dr. Hopkinson, I must make this apology : this was his
first case ; he was, without preparation, taken up to the place of interment,
'-« and made an examination which gives us the greater part of the information
which could be probably elicited for this case, by those means. He has said
himself, that it was an inadequate examination. The examination of the
rectum was very important — of the heart not very material-^of the brain less
important — nor the internal examination of the gall bladder.
I could have made a probable conjecture of the state of inflammation of the
stomach by external inspection, but no more. I do not think the one-hun-
dredth part of four grains could be separated from the body. I could only,
without detecting the metal, form a moderate presumption of its presence,
speaking from the authorities (sulphuretted hydrogen, reiterated). When
the quantity is very small indeed, compared to the amount of liquid, and that
0 liquid contains also animal matter, it sensibly affects the powers of the pre-
cipitate, (sulph. hyd.) and it is often necessary to evaporate the liquid to a
certain degree to obtain a precipitate, even when arsenic is present. As far
as the precipitate was concerned, the test was characteristic enough of arsenic.
It retained its colour until it stained the filter yellow. If there were arsenic
enough to abide that test, I should expect to find enough to abide the final and
metallic test.
I applied the test of nit. silver. It threw down a precipitate not character-
istic. So of sulph. copper. The true characteristic colour of arsenite of
copper is a grass gTeen. The actual precipitate was an imperfect grass green.
I stated that I considered the liquid tests used in this case as negative and
fallacious. I did not, I believe, reduce the arsenic to metal. Christison
says, the alliaceous odour is not to be depended on — I do not recollect his
saying that it should be entirely disregarded.
The symptoms at the death-bed are not alone conclusive. The state of the
body was not alone conclusive. I did not obtain the metal — I come to the
conclusion that Wm. Chapman came to his death from the amount of moral
probabilities — any one proof not being sufficient. I do not think the fact
of my not finding the metal makes against the symptoms. I did not try the
sulph. copper with ginger. No fresh or unaltered animal or vegetable mat-
ter could have remained in the solution by nitric acid when subjected to the
attempt at reduction. I never opened a body so long after interment ; nor
one supposed ta have died of arsenic : never applied those tests to a stomach
which contained arsenic before death. The stomach from the alms-house
FOR POISONING. 367
abided the liquid tests very much as did this stomach. It was not dissolved.
I did not treat it with nitric acid — merely boiled it and tried it with other
tests. There may have been arsenic enough in the stomach antecedent to
death to cause death, and no particle be found after death. Christison says that
there might arise a combination of symptoms which alone could show the
presence of arsenic. That, however, I consider a conjecture of his, and do
not give it any weight. In skilful hands a grain of arsenic would certainly be
detected in the stomach. I did not apply the galvanic pile. The individual
whose stomach was sent to me had not been buried. The stomach was not pre-
pared— merely opened and washed. I do not impute its preservation to arsenic. ^
By the Court — It would have more clearly demonstrated the diseased
state of the rectum to have examined it — and strengthened the appearance of
the action of arsenic. Arsenic was not as likely to be there as in the sto-
mach. Cannot say what quantity would probably have killed Mr. Chapman.
Mr. Clemson has been for several years in the laboratory of the School of Mines
in Paris — ^the best analytic school in the world — and spent some time in the
laboratory of Robiquet, whose business it is to manufacture the most delicate
medical preparations. I have every reason to believe that he is highly com-
petent to such an investigation as this, as far only as chemistry is concerned
— he is not a physician. I believe him to be a most excellent analytical
chemist from my own observation.
By Mr. Brown, — I think the sense of smelling is the most fallacious of all
the senses.
By Mr. Boss. — I do not think that in my laboratory I could be easily de-
ceived in the arsenical smell.
(^Closed at fifteen mmutes before 7 o''clock, P. M. ,- duration of the examination
three hours and a half. )
Tuesday morning, February 21.
Thomas G. Clemson, Esq. twenty-third witness for prosecution, sworn. —
Before 1826, I was engaged in acquisition of chemical information in the
United States. In 1826 I went to Europe, and in the fall of that year entered
the practical laboratory of Mr. Gaultier de Clowbry; at the same time I at-
tended the lectures of Thenard, Gay-Lussac, and Du Long, as delivered at the
Sorbonne, Royal College of France. In 1827 I entered the practical labora-
tory of Laugier and Filier — and afterwards the practical laboratory of Robi-
quet; after which I gained admittance to the Royal School of Mines. I was
then examined at the mint, and received my diploma as assayer. It is dated
June, 1831. I then came to the United States, where I arrived in the fore
part of September, 1831.
On the 22d September, 1831, 1 received a note from Dr. Hopkinson, desiring
me to assist him in the examination of a stomach supposed to contain poison.
On the same day the stomach was opened in the laboratory of Dr. Mitchell,
in the presence of Dr. Mitchell, Dr. Hopkinson, and myself. The interior
of the stomach was covered by a brown semi-fluid substance, to the amount
of a table-spoonful. This being taken off, the stomach had rather a brown-
ish hue ; certain parts looked redder than others, and the blood-vessels
might be traced by a stronger expression of brown. This semi-fluid
substance was washed, and the liquid coming from the insoluble part was
tested. The first test used was the ammoniacal nitrate of silver, which amount-
ed to nothing. The other tests, such as the ammoniacal sulphate of copper, and
sulphuretted hydrogen, gave no evidence of arsenic. I had little confidence in
them, knowing there was a presence of animal matter. The stomach and a small
portion of the duodenum, and the insoluble part of the semi-fluid were all
treated with nitric acid ; until we concluded the animal matter was entirely
destroyed. Let it suffice to say, that we obtained the arsenic which existed
there in the liquor, in the state of arsenical acid in combination with lime.
The lime was added as lime-water — it was arseniate of lime. To the arse-
368 LUCRETIA CHAPMAN,
niate of lime we added a quantity of carbon, sufficient to decompose the
entire quantity of the arsenical acid combined with the lime. This Avas put
into two tubes, and a small portion which remained was put into a third.
Heat was applied to the first tube, and carried to a red heat. We observed
something that might be called a ring. I do not believe it was an arsenical
ring, for that part of the tube which contained this ring was taken off and
digested in nitric acid ; and if it had been arsenic, we would have discovered
it by the tests. The matter contained in the bottom of the tube was so ex-
posed to the lamp, as that the carbon of the lamp should act upon that])ortion
of the arseniate of lime which had not been in contact with the carbon in
powder. As I expected, we obtained an odour of arsenic. The second tube
I exposed to the heat of the spirit lamp. I was expecting a ring, and the
odour of arsenic struck me. I looked round, and asked if any one was burn-
ing arsenic 1 On examination I found that the end of the tube w'as broken,
and the odour of arsenic still given out. I called Dr. Hopkinson and Dr.
Mitchell and the servant to smell this odour, and they all agreed that it had
the odour of arsenic. I know of no substance which, in my opinion, has the
same odour, or an odour which resembles that of arsenic. It is stated that
there are certain vegetable substances which give off an odour resembling
that of arsenic ; but here there were no vegetable substances. Phosphuretted
hydrogen is also said to have the odour — I have manipulated it, and have
never found the odour. I account for the smell b)^ the action of the carbon in
vapour from the lamp, coming in contact with the arseniate of lime not already
decomposed. If in the examination of any mineral substance, I had disco-
vered the same results, I should have said there were traces of arsenic. I
believe that was the odour of arsenic that I smelled.
Cruss-exainimd hy Mr. Brown. — I should build upon my examination, inas-
much as I say I believe it was the odour of arsenic. I was not made ac-
quainted with the circumstances attending the death of the individual whose
stomach I was examining. I think I was informed that the examination was
made with reference to a suspicion of poisoning by arsenic. At the opening
of the stomach, I do not recollect that any person was present but those I
have named. During the course of the examination, persons occasionally
dropped in. Dr. Hare was there. I do not recollect seeing Dr. Togno there.
The stomach had rather a dark brown hue ; the course of the blood-vessels
might be traced. I never examined a stomach before, with reference to the
suspicion of poison. I have been present when JMr. Robiquet manipulated
with a view to the detection of poison. I never was present at an examina-
tion with a view to detect arsenic. The first test used, the ammoniacal nitrate
of silver, show'ed no characteristic precipitate. I look upon this test as
vague, as there was animal matter ; and unless there had been a great quan-
tity of arsenic, it could not have been discovered. The second test showed
no characteristic precipitate. The colour of the water was grass-greenish.
I know not whether onions or ginger will give such a green.
Authority goes to say that other substances produce an odour so like that
of arsenic, that one may be deceived. A man can smell the shadow of a
shade of arsenic. I cannot say what quantity will give the odour. I cannot
say whether arsenic can always be detected in a metallic state, when its pre-
sence may be ascertained by its odour, although we have the means of detect-
ing the smallest visible or tangible particles of arsenic. The fumes which
emit the smell, produce the metal. The fumes are the metal in a gaseous
form. The same process might produce other metal than arsenic. It is very
possible there might have been mercury in the stomach. In that case we
would have had a nitrate of mercury. There is something in the eye, as dis-
tinguishing between the metals produced. Where the liquid tests fail, and a
metal is produced, it is necessary to apply tests to ascertain what the metal
is. There are characteristics which the eye will detect so as to distinguish
metals, arsenic in particular. In the tube in which the ring was formed, we
FOR POISONING. 369
sawed off the glass containing- that portion of the volatilized matter. It was
digested in nitric acid, and the proper test used, and we discovered no arsenic.
(Mr. Brown here showed a small glass tube to the witness.)
There is mercury in the bottom of that tube. The tube contains a metallic
ring of arsenic. I take the lighter ring to be such. This may be proved be-
yond doubt, by the correct application of heat to that part of the tube contain-
ing the ring. Zinc would be reduced by the same process we used.
By the Court. — When I have found arsenic by the blow-pipe, I have never
been deceived in detecting it afterwards. When there is not arsenic sufficient
to be weighed, we apply the term " traces of arsenic," in the description of
the analysis of a mineral. It is the metallic substance that gives the odour.
Orfila is the best authority on poisons. Christison I do not consider as high
chemical authority as Berzelius, Gay-Lussac, or Berlhier.
Br. Mitchell called again hy Mr. Brown. — The tube shown to Mr. Clemson
was prepared by myself. It does not contain any mercury.*
Israel Deacon, twenty-fourth witness for the prosecution, sworn. — I am
keeper of the penitentiary for the city and county of Philadelphia. I knew
the prisoner, Mina, by the name of Celestine Armentarius. The first know-
ledge I had of him was on the 17th March, 1830. He came into my custody,
convicted of three charges of larceny ; he remained until 9th May, 1831, when
he was discharged by pardon. He was discharged between nine and ten
o'clock, A. M. I was in the habit of seeing him almost daily. I never knew
him to have a fit, nor ever heard of his having a fit.
Crvsn-examined by Mr. Brown. — I am principal keeper. I do not remember
Mina's having been cupped in prison, nor do I remember the marks, when he
came out. If a prisoner is sick, or placed in the hospital, he is always re-
ported to me. If he had had a convulsion fit, it would have been reported to
me. He was employed in winding bobbins in the weaving department.
Ellen Shaw called again for prosecution. — I don't know much at present;
there was a dispute arose about the carriage, between Mr. and Mrs. Chap-
man; she wanted to go out. She said, she wished to *** he was gone,
she was tired of him. She said she was mistress of her own house, and
would do as she pleased. He said he could not spare the horse, for he wanted
to break up the ground to put his potatoes in. She replied, she wanted the
horse, and she must have him. She got the carriage, and she and Lino went.
This was about three w«eks before his death. I have heard Mr. Chapman
say to Mrs. Chapman he was very uneasy about Lino's being there; it was
disturbing his peace. Mrs. Chapman replied that Lino should not go. Lino
and myself were present, with Mr. and Mrs. Chapman.
Mr. Ross here offered to prove, by declarations of Mr. Chapman made in
the absence of Mina and Mrs. Chapman, the dislike of Mr. Chapman towards
Mina, and that he was the last person to whom he (Mr. Chapman) would
have confided the care of his family.
Mr. Brown objected, upon the general principle, that declarations in the
absence of the interested party are not evidence; and upon the ground that
the expressions of Mr. Chapman which they now offered to rebut, were
brought out in their own examination.
Mr. Ross oflfered the testimony to show that the inference which might be
drawn from the letter to Watkinson, was not true. It was also offered to
falsify the statements of Mrs. Chapman, made to witnesses examined for the
prosecution.
* The impression of Mr. Clemson as to this matter, in which he appears to have been
mistaken, was given upon a mere momentary inspection of the tube. Dr. Mitchell, in a
letter to the compiler, adverting to this subject, says: "The mistake was one more import-
ant in appearance than reality, for, since my return, I have been able to make rings in
tubes which contain no arsenic, which the advocates of 'crusts' would unhesitalingly de-
clare upon oath to be arsenical." Mr. Clemson made no mistake, however, as to the ri7ig ,
t was in reference to the globules in the bntlom of the tube.
47 ... . V*
if-..
370 LUCRETIA CHAPMAN,
The court overruled the objection. The declaration of Mr. Chapman, so
far as he approved or disapproved the conduct of INIina at his house, would be
evidence, to show the state of feeling between the parties.
Elkn Shaw continued. — At the time that Mina and Mrs. Chapman were
absent three days, Mr. Chapman did nothing but run about the house, like a
crazy man. He cripd. He said he did not know what to make of it. I told
him, maybe they had gone to Mexico, for they had talked about it. He said
he should not be a bit surprised if they did run off together, the way they
were going on. He said he wished the ship had sunk that he came over in.
Two or three weeks before 1 left, I heard Mrs. (.'hapman say she expected
to go to IMexico in a few weeks.
Their bed (Mr. and Mrs. C.'s) was sometimes made by Mary, and some-
times by Mr. Chapman. Mrs. Chapman did not attend to it herself, because
she was engaged with Lino. Sometimes he neglected to make it, or did not
get it done when she wanted him to. She used to tell him if he didn't get
it done, he should have no breakfast.
Mina had been two or three weeks at the house before he had any of his
spells. He had no birds.
Cross-examintd hy Mr. Brown. — I have not talked much to the witnesses
since I was examined — a little through each other. I told Mr. Ross a few
things at the boarding-house last evening. I thought of some things which
I did not think of when here before. It was my request to be brought for-
ward now. If there was any thing I knew, I told him I was willing to come.
None of the evidence has been read to me, Ann Bantom and Mary Pale-
thorpe were present last evening.
It was about two or three weeks before I left, that I heard Mrs, Chapman
say she was going to Mexico. It was up-stairs in her bed-room. She said
she would have thousands then, where she had not dollars now. I told her
I did not think she would. I told her, Mina did not look, to me, like a man
who had much. She introduced the conversation — she said he was a dear
young man, and she was going to take him for her own son. I told her it was
well she had not my eyes to look through, or she would not think so. She
replied nothing. I did not hear of anyhoHy but him and her that was to go
to Mexico. The children were not mentioned. I told this to Mr. Chapman,
because they staid so long. It was on Sunday they went, and not Monday.
I heard Mina and Mrs. Chapman talking about it, a week before I left them.
It was a couple of weeks before I left them, that they went away for three
days. I heard them talk of it before they went to town, pretty soon after he
came there. I have often heard her talk of it, and have heard him too say he
was going to Mexico. I never heard them say exactly they were going to
Mexico together. I think I heard Mr. and Mrs. Chapman say something
about sending William to Mexico. I did not hear how or with whom he
was to go. I heard Mrs. Chapman talk about it, but not Mr. Chapman. I
cannot tell whether this was before or after the conversation up-stairs. I
believe I have heard something about Mina's ordering a carriage, and of
Mr. and Mrs. Chapman riding fn it. I heard Mina tell Mrs. Chapman, that
he would have the high fence (around the house) torn down, and have it
fixed up in the Spanish fashion.
Mr. Chapman used to help Mary make the bed — putting the clothes off
and on. This is what I mean by his making the bed. I have seen him do
it a great many times. Mrs. Chapman used to ask if be bad made the bed,
and would say he should have no breakfast till it was made. He would go
and make it, as he was afraid of her. I have seen him making the bed while
they were at breakfast. I never told Mrs. Chapman what Mr. Chapman
said, while she was gone. Mina had a dark long coat on when he came
there— if I don't mistake, it was black. He had an old light roundabout.
I think his jacket was dark.
Be-cxamined. — I left because things went on so bad I did not wish to stay.
FOR POISONING. 371
I do not know that Mrs. Chapman requested her husband to dismiss me.
They had picked up a worthless old woman on the turnpike, and they thought
she would do. I went away of my own accord — they told me of no reason.
My children did not like their proceedings — they said it was too hard a place
for me. When they saw her capers with Lino, they told me I must leave. I
had been talking about leaving, to go down to my brother's, and I wish I had,
and then I shouldn't have been obliged to come to this plaguy trial.
afternoon.
Edwin B. Fanning called again.
Mr. M'Call objected to the re-examination of this witness, because he was
one of those who were excluded from the court-room by an order of court,
and therefore could not be heard again.* 3 >SY«/-A7'e, 1733.
Mr. Ross replied, that the witness now offered was not embraced within
the rule respecting the witnesses who should be excluded from the room.
But however this might be, he said that he had been unable to find the prin-
ciple, which is laid down in the note to Starkie, in any other authority, which
he had consulted. He referred the Court to Fust. C. L. 47. 1 Chit. Crim. L.
G18. Russell, 624, where the power of the court to exclude witnesses upon
the application of either party, is fully recognised, but not a word said as to
their incompetency to testify in case they infringe the order of the court. He
contended that the pernicious consequences of such a doctrine could scarcely
be foreseen. It never could be in the contemplation of the law that either
the commonwealth or the defendant should be deprived of the evidence of an
important witness by the mere neglect or disobedience of such witness. We
may, said Mr. Ross, order our witnesses from the court-room, but if they
choose to violate the order, how can it be prevented — unless, indeed, we lock
them up. Suppose that the witness now called was offered on the part of the
prisoner, and that the proof of her innocence depended entirely upon his tes-
timony; would this court, under such circumstances, decide that, because the
witness might have been present a few minutes during the progress of the
trial, he has therefore become incompetent and cannot be heard. A principle
so repugnant to justice and humanity never could be the law of the land.
The law in this respect makes no difference between the rights of the com-
monwealth and those of the prisoner. If then it would permit such a witness
to be heard for the prisoner, it would also permit a witness similarly situated
to be examined on the part of the prosecution. I am willing to admit, that
the violation of the order of the court may affect his credit, but I deny that it
can affect his competency.
Mr. Brown said, the doctrine for which his colleague and himself contended,
was settled ; and that the penalty must fall upon the commonwealth's coun-
sel, whose duty it was to see that he be excluded.
The court overruled the objection, on the ground that Fanning was not in-
cluded in the terms of the rule.
Edwin B. Fanning. — As I before stated, Mr. Chapman requested me to
tarry with him, and take care of him through that night, being then a little
after dark ; " for," said he, " I am very sick — when Don Lino is sick, all at-
tention must be paid to him, but now I am sick, I am deserted — I am left."
I tarried with him that night, till 10 or 11 o'clock, when Mrs. Chapman said
to me, " I will take care of him." She thanked me for my attention to him.
* The Reporter has omitted to notice, that on Tuesday evening of the first week of the
sessions, all the witnesses were, upon motion of counsel, excluded from the court-room dur-
ing the progress of the trial, except when called up to be examined. The rule was after-
wards altered, so as to include in its terms only those witnesses who resided in the neigh
bourhood of Andalusia.
Mr. Ross has furnished a short sketch of his argument to this point. The remarks
of the opposite counsel were very brief, and the Reporter cannot now well procure
them.
372 LUCRETIA CHAPMAN,
Some time previous to this, Mrs. Chapman and Mina had gone to Phila-
delphia, I think on a Sunday morningr, and were expected by Mr. C. to return
the same day at evening, or on the following- morning. They did not return
until, I think, the third day after, in the evening. The second day after they
went, in the evening, Mr. Chapman became very uneasy in consequence of
their not having returned. He said he was not satisfied with such conduct.
"I believe," said he, "that this Mina is an impostor; a roguish fellow; — I
would not (said he) bear such troubles for a large sum of money. (I don't
recollect the sum.) I had rather be poor than to have my peace so disturbed.
In all probability (said he) their object is to tarry until the family has retired,
and I would like to know whether they would be guilty of improper conduct
after they do return ; for," said he, " if I know of their going together to
Mina's lodging-room, I will be in there, and by *** I'll kill him," or " take
his life." I do not speak the words exactly — it was to that effect. " I would
not have my peace so disturbed with this fellow," said he, " and when he
does return, he shall leave my house — I will have him here no longer."
Mr. Chapman retired to his lodging-room about 10 or 11 o'clock, earnestly
requesting me to sit up until they returned ; and in case they should return,
and go together into Mina's lodging-room, to inform him immediately. I
remained up probably an hour. They did not come home, and I then retired.
Cross-examined by Mr. Brown. — This was in the month of June. I can state
nothing accurately as to dates. I had been there about two or three weeks before
this. I think no one was present at this conversation. I was with him a con-
siderable part of the evening. I think this was not a week after Mrs. Chap-
man accompanied Ellen Shaw to Wright's. I had no acquaintance with Mr.
Chapman before I came to that house. The first time I was there was in
April. Mr. Chapman said to me, that his friends were on the other side of
the Atlantic — that his wife's affections were gone from him ; he said he did
not want to go to his neighbours with this trouble — he confided in me as his
friend, to whom he might communicate his sufferings. Mr. Bishop, Ellen
Shaw, and the children were about the house. I think William was with his
mother. I don't know but Mr. Ash was with them also — I think I saw them
start.
The first time I saw Mina, I think he had on a black suit — this was within
one or two days after he came to Mr. Chapman's. He had black pantaloons,
considerably worn ; and a blue nankeen roundabout.
This conversation was not more than two weeks before Mr. Chapman was
taken sick. Upon their return from Philadelphia, Mrs. Chapman spoke of
Mina's trouble on account of the news of the death of his sister. ]\lina was
in great distress for his sister; he went into the parlour, and gave vent to his
grief. Mr. Chapman went into the parlour, and mourned with him. He
showed no displeasure towards Mina at this time.
Mr. Chapman was not delirious in his illness when I saw him. — I have not
been led to apprehend a charge against myself for administering improper
medicines to him.
By the Court. — I am very confident Mrs. Chapman did not request me di-
rectly to go for a physician.
Dr. Allen Knight called again for prosecution. — Since Mr. Chapman's death
I was called upon to attend Mina. I never saw him in a fit. I bled him
at his particular request.
One of the last symptoms in Mr. Chapman's case, was his deafness. At
times he was delirious — complained of a burning pain in his stomach, and
dryness of the mouth. His extremities were very cold — vomiting and purg-
ing were frequent, the pulse small and tremulous. I remember no soreness of
the mouth — no complaints of the rectum. He was frequently out of bed the
day before he died. I remember going out of the room on Wednesday for
the purpose of consultation. We treated the disease as cholera morbus. I
know of no involuntary discharge per anum. I judge he was delirious, from
FOR POISONING. 373
his behaviour. What he said was incoherent — he attempted to get up — at
times he recognised us, and at other times he did not. He was not violent.
This incoherency was present about ten o'clock when I left the house — it
was present to a slight degree when 1 first saw him, which was on Tuesday,
about seven o'clock. He would frequently cry out and ask if all was right.
William F:eld, Esq. deputy sheriti', twenty-fifth witness for prosecution,
sworn. — [This witness was called to prove the handwriting of Mina, in the
various letters from him to Mrs. Chapman, already published.]
Mr. Ross moved for an attachment against Willis H. Blayney, who was a
very material witness, and who had absented himself. Mr. Ross said, this
witness was to prove an important fact which he had stated to the jury in his
opening speech. The attachment was awarded and issued instanter.
Mary Hamilton, twenty-sixth and last witness for prosecution, sworn. — 1
lived at Mrs. Chapman's during the last summer. I went there on the 25th
of June. While I was there, Mrs. Chapman was making preparations to go
to Mexico, with Don Lino. There was clothing made for herself and for the
children.
Cross-examined by Mr. Brown. — I came out to Mrs. Chapman's with Don
Lino, and another girl — I assisted in washing, and ironing, and sewed the
most of the time. I v/as to wash and iron and plait Don Lino's shirts. He
called for me at Mrs. Battel's. Three girls were sent for — a cook, and a
waiter, forbye me. It was after Mrs. Chapman returned from New York,
and after she told me she was married, that she told me she was going to
Mexico.
The court having decided to wait for the return of the attachment against
Mr. Blayney, the jury retired until to-morrow morning, at ten o'clock.
The application for the postponement of the trial of Mina was then taken
up — Mr. Rush addressing the court on the part of the prisoner, and Mr. Ross
for the commonwealth.
[The great accumulation of matter more important to the present publica-
tion renders it inexpedient to report this argument. Mr. Rush urged his ap-
plication upon two grounds : 1. A libellous publication in the Bucks County
Republican, of February 14th, 1833, purporting to be a letter from Erie
prison, and signed by Lucretia Chapman; which was calculated to prejudice
the minds of the public in relation to Mina. This letter is very nearly the
same as that written by Mrs. Chapman to Colonel Cuesta, and which will be
found in the evidence for defendant. On this ground it was contended to be
a matter of legal right. 2. The existing circumstances of the case, viz : the
trial now in progress, and the disclosures now making in prejudice of Mina;
this ground was addressed to the discretion of the court.
The court decided, that the application was not a matter of legal right ;
but in the exercise of a sound discretion, taking into view the publication al-
luded to, and the evidence adduced, they consented to the postponement of
Mina's cause till the next term; upon condition that the testimony of Mr.
Fanning, Ann Bantom, and Mr. Guillou, who resided out of the state, and
Mr. Clemson, who was about to leave the country for Europe, should be taken
by deposition. The counsel then agreed to take the notes of Judge J'ox, which
were accordingly filed for that purpose.] ;
Wednesday morning, February 22.
Benjamin Boucher called agai^i for prosecution, — 1 have some further recol-
lection since I went home. On Monday before Mr. Chapman died, I was
mowing in the lot; a chicken came from Mr. Chapman's yard, above the shed ;
it was coming across the road, and it died before it got across. My son
buried it. There were three chickens that died, that came across the road
from Chapman's yard. T think it happened in the fore part of the day. — Some
of the ducks were dug up, and I fetched the remains of them with me.
374 LUCRETIA CHAPMAN,
Mr. Ross asked, What was the appearance of the bones 1
Mr. Brown objected to any description of the bones. It might savour of
quackery, for him to say much about these ducks, but he thought the bones
ouo-ht to be produced to speak for themselves. He had no doubt they would
speak with most miraculous organs.
The objection was overruled.
Boucher continued. — There was something white on the bones. It seemed to
be in little fine pieces, and fairly glittered, it was so white. I broke one of the
craws open, and it appeared to me there was something there similar to what
was on the bones. I wrapped them up carefully in a newspaper, and put
them in my hat when I started from home, brought them and left them in Mr.
Ross's office. The craw was full and appeared to be sound. There was no-
thing left but the craw and bones. All the rest had wasted. They were
buried eight or ten inches under ground.
Cross-exainined by Mr. Brown — The ducks died after I had my dinner. 1
think it was betwixt twelve and three o'clock. My son mentioning the
black chicken to me, brought the chickens to my mind.
I had not laid out a dead body for several years, before I laid out that of
Mr. Chapman. I had been present on such occasions. I think there were
lights in the room at the time. It was about daylight.
The stage having arrived from Philadelphia with Mr. Blayney's name on the
way-bill, but without his person, the court would not agree to any further
delay, and therefore the testimony for the prosecution was here closi^d.
Afternoon.
Mi. ]M'Call opened the case for the defendant.
Deposition of Dr. Franklin Bache, first witness for the defendant. (Read
by Mr. M'Call.) — Franklin Bache, of the city of Philadelphia, M. D., being
duly sworn according to law, deposes and says : I am professor of chemistry
in the Franklin Institute, and College of Pharmacy, in the city of Philadel-
phia. The symptoms of poisoning by arsenic are very diversified. They
have certain general characters, to which there are numerous exceptions. The
most general symptoms are such as occur in cholera morbus ; such as puking
and purging; general distress at the pit of the stomach; cohl perspirations;
towards the end of the symptoms, coldness of the extremities, lividness :
sometimes a metallic austere taste in the mouth; burning in the stomach;
before deathj convulsions very frequently supervene. There are cases on re-
cord, where a very few symptoms of indisposition have been manifested.
The symptoms produced by arsenic are so various, that no satisfactory con-
clusion can be drawn from them, in proof of poisoning by arsenic. It is
quite probable that variation in the symptoms may depend on the age and
constitution ; and the quantity of poison has a very decided influence in de-
termining the character of the symptoms. These are different where the
poison kills in a few hours, after a few days, or the lapse of several weeks
or more. These differences depend, in my opinion, partly on the quantity of
the poison taken, and partly on the vital resistance of the s)'stem. The
symptoms of poisoning by arsenic sometimes resemble those of violent colic.
The symptoms are very various, and afford but light presumption of arsenical
poison, as to their cause. I have never treated a case of real or reputed poi-
son by arsenic. What I state here is the result of professional knowledge.
Poisoning by arsenic has various phases ; sometimes there is no puking, but
diarrhoea alone ; and sometimes neither. Five or six grains will produce
death, or less, if there is no vomiting. There are general appearances after
death, which are usually thought to occur in cases of poisoning by arsenic,
but they are by no means constant, and may be therefore deemed fallacious
as a ground of inference, as to the cause of death. All these appearances,
thus considered to characterize arsenical cases, occur in other diseases.
There is no particular mark which is peculiar to arsenical cases, or conclu-
sive of their nature. I speak (generally without restriction) of the external
■€.
FOR rOISONING. ' 375
and internal appearances of the body. In illustration of this, it may be
stated, that arsenic often produces a violent inflammation of the stomach,
and the best authorities inform us, that the appearances in death by yellow
fever are very similar to those produced by arsenic. The appearances in all
cases of violent inflammation of the stomach from natural or accidental causes
resemble those exhibited by the stomach in most cases of death by arsenical
poisoning. Cholera may, perhaps, produce violent inflammation of the sto-
mach. There are many cases when spots have been observed on the cavi-
ties of the heart. Arsenic lessens ,the contractility and irritability of the
heart. The appearances of the heart are by no means so important as those
of the stomach. Arsenic is supposed to produce death by destroying the
irritability of the fibre. It affects the general system, most probably by
absorption.
I have no opinion on the effect of arsenic to hasten or retard putrefaction,
except what I derive from books. Orfila says it has no effect either way ;
and he is the highest authority I know. I believe it preserves locally, with-
out having eff"ect on other portions of the frame. Bodies may be preserved
unusually long from peculiar circumstances, such as the condition of the
body as to leanness or obesity, state of the ground, or nature of the disease.
Arsenic is that poison which is, perhaps, most easily detected a long time
after death ; its mineral nature, to a considerable extent, preventing its being
lost. It can also be detected in a very minute quantitj^. My impression is,
that some authorities state that so minute a portion as the two-hundredth part
of a grain may be detected. Such minute quantities may be detected only
by the most expert chemists ; but certainly, a grain of arsenic will furnish
several experiments to those not particularly skilful. The proofs of the ex-
istence of arsenic are made out chemically by tests on one hand, and reduc-
tion on the other. The tests, when they yield the characteristic appearances,
furnish a strong proof of the presence of arsenic ; but the reduction of the
metal is more conclusive. The exhibition of the poison in its metallic state
is the best evidence the case admits of; and, in my opinion, can always be
eflfected when the liquid tests indicate arsenic. The reason why I consider
reduction a better evidence than precipitation by the liquid tests, is, that pre-
cipitates are more likely to be mistaken in their character, than metallic arse-
nic. Some of the best authorities are in favour of the proof by metallization,
as being that on which most dependence can be placed ; and all speak of it
as a highly important proof. I would not be willing to decide on the presence
of arsenic without reduction, because I would not be satisfied by any evidence
or proof, except what I considered the best. I examined the contents of the
stomach of Mr. Fenner, in conjunction with Dr. Bridges, and did not feel
satisfied of the existence of arsenic until reduction was effected.
With regard to any possible eff'ect of arsenic in preventing putrefaction, it
is my impression that if this supposition be well founded, and the mineral
were present in sufficient quantity to have a general effect of preserving the
body, it could be readily detected. Reduction is the most decisive test. I
think the alliacious odour is not to be depended upon, because other sub-
stances have some analogy in odour. The best authorities are against the
conclusiveness of this indication.
Cross-examined. — I do not recollect having seen a case of cholera, in which
such burning heat in the stomach, as is described in this case, occurred. The
lividity described is one of the appearances after death in cases of poison by
arsenic. From the symptoms detailed, I should certainly say, that Mr. Chap-
man did not die of an affection of the head. If there is no vomiting, less
than five or six grains may kill. When I say the appearances in death by
yellow fever are very similar to those produced by arsenic, I mean the appear-
ances of the stomach ; other appearances are widely distinct. In Fenner's
case [ do not recollect that the alliacious smell was produced ; I think it was
not sought after. Phosphorus has a smell somewhat alliacious ; in this case
376 LUCRETIA CHAPMAN,
phosphorus could not be present in the body; but phosphoretted hydrogen,
which has a smell somewhat alliacious, and which is sometimes the result
of putrefaction, might possibly be present. I have never observed the odour
of phcsphoretted hydrogen in cases of putrefaction. Zinc is said to have a
smell somewhat like garlic, but I have never perceived it. The smell of
garlic itself, in cases of examination soon after death, might be mistaken by
the inexperiencnd for the alliacious smell produced by arsenic. I think garlic
could not have been present after so long an interment as in this case, which
I understand to have been nearly three months. Nothing else that occurs to
me will produce the alliacious smell. I do not think 1 should be apt to mis-
take the smells I have mentioned for that produced by arsenic, but 1 might
do so. In Fenner's case I was very much struck with a peculiar odour from
the stomach and bowels, such as I never remember to have observed before
from a dead body. I mentioned it at the time to those about me. It was like
tanner's oil.
In common cases of cholera there is not active inflammation of intestines
or stomach. If there were a bloody discharge from the anus and no inflam-
mation of the intestines, I should suppose there was local inflammation near
the anus. There might be a train of symptoms, which would furnish a
strong presumption that they were produced by the taking of corrosive poi-
son. I do not recollect ever examining a body after death by cholera morbus.
Dr. Joseph Tog7ui, second witness for defendant, sworn. — I am a practi-
tioner of medicine. I studied with Dr. Chapman, and graduated in the Uni-
versity of Pennsylvania. I have delivered lectures on anatomy, physiology,
comparative anatomy, and medical jurisprudence.
Considering human fallibility, and considering all that has transpired be-
fore me during this trial, I now with reluctance come forward to testify even
to the evidence of my own senses. My friend. Dr. J. K. Mitchell, is in the
habit of inviting me to his laboratory every time that any thing interesting
is going on. 1 do not distinctly remember whether I was invited on this
occasion, but availing myself of his general invitation, I paid him a visit on
a certain day, the date of which I do noi remember. Here I found him
busily engaged with his friend Mr. Clemson, whom I had never seen before;
and who was introduced to me by Dr. Mitchell. This being done, they pro-
ceeded to their examination. A solution, which was said to be that produced
from certain manipulations of the stomach of a Mr. Chapman, was over a
spirit lamp, for the purpose of condensing the fluid. From time to time Di.
Mitchell and Mr. Clemson tried two tests in my presence. The one was
nitrate of silver; this trial failed in obtaining the desired result. I was con-
vinced of this, and so was my friend. Dr. Mitchell, and Mr. Clemson. The
ammoniacal sulphate of copper was then applied, and this test also failed in
producing the desired result. While they were thus engaged, I proceeded to
a box in which was contained a glass jar, in which the stomach of Mr. Chap-
man was, as I was informed by Dr. Mitchell. Having heard a great deal of
it, curiosity urged me to examine it ; and having then no ulterior view, I
perhaps did not examine it with all that care and accuracy which such a case
always demands. As well as I can remember, the stomach was in spirit of
wane. I took it in my hands, and found there was a cut through the coats
of the stomach, which exposed its cavity. I turned the inside out, and the
w^hole surface, as far as I now reinember, presented one uniform pale colour,
resembling a piece of tripe after being washed, with the exception of two
dark purple spots, of the size of a cent; and I believe that they were on the
posterior part of this cavity, at about a distance of one inch from each other.
To this, nearly, my examination was confined. The stoinach was somewhat
hardened by the spirit in which it had been plunged, and its apparent consis-
tency increased by this process. Not knowing any one of the particularities
of the case, except a general rumour that a certain Mr. Chapman was poi-
FOR POISONING. 377
soned, I paid no further attention to the case. This is the amount of the facts
to the best of my recollection.
In reply to questions put by defendunf s counsel. — With respect to the two
spots spoken of, my impression was, that they were a mere cadaverous phe-
nomenon, there being- nothing more common than the settling of the blood by
its specific gravity in the most depending parts of the stomach or any other
part, some time after death. To this phenomenon, at the time, did I ascribe
the cause of these spots, and not to inflammation. By cadaverous pheno-
mena, I mean those regular and gradual changes which take place after death,
and gradually increase to the destruction of every tissue or part. The nitrate
of silver should throw down a straw coloured precipitate. This, however,
presupposes the arsenical solution to be colourless, and free from any animal
or vegetable matter. The precipitate thrown down in this case, while I was
present, was of a brownish yellows The slightest reliance could not be
placed on that experiment; but if the arsenic has been mixed with soup, a
white precipitate would be produced. The ammoniacal sulphate of copper
would throw down a brilliant green with flocculency. In this case it scarcely
threw down any juecipitate ; what it did was of a dirty green, and I believe,
it soon changed into a bluish green. Suffice it to say, that we put no confi-
dencfi in the result of these two experiments. There are vegetable substances
which will produce a green very nearly alike that produced by the solution
supposed to contain arsenic in this instance. Those which T have tried are
a tincture of ginger and stramonium, substances often used in medicine. I
do not mean to say that the tincture of these substances will produce as per-
fect a green as a colourless and pure solution of arsenious acid ; but that in
this case the two might be readily mistaken. The colouration of the solution
of ginger would be as clear a green as that produced in this instance. I speak
from actual experience. Stramonium would colour the water in the same
manner. In elementary works a number of ether substances are mentioned
which will produce the same result.
Sulphuretted hydrogen is the great detecter of metals generally. I believe
it will detect any metal. The detection of arsenic is exhibited by a canary
yellow precipitate. The reduction of the metal is the best test of arsenic.
Where the tests answer perfectly, the metal may be reduced. If any portion
of arsenic had been exhibited by these tests, it could have been reduced, in
the hands of a skilful chemist. As I am not a very proficient chemist myself,
and do not make it my sole pursuit (although I am not a stranger to chemis-
try), I must rely upon the authority of the best chemists when I state, in an-
swer to the question, that I believe a portion as small as the 200th or 300th
part of a grain has been obtained. I do not believe there could be arsenic
enough to resist putrefaction in the stomach, which could not be detected by
the regular process. I should not feel myself authorized to say there was
arsenic from the liquid tests without reducing the metal. I have heard the
symptoms detailed by Dr. Phillips and others. These symptoms are exhi-
bited by other diseases, so much so as even to deceive an experienced phy-
sician. I come to this opinion, not upon actual observation, but from the
careful perusal of the best authors upon the subject. If the observer is a good
observer, and in whom we can rely, then we can come to some conclusion,
but never as when we examine the thing ourselves. The accumulation and
progress of every kind of knowledg-e depends on the question now put to me.
Towards the last moments of life the pulse generally diminishes, the con-
tractility of the heart diminishes also with the life of the individual. Flutter-
ing and irregularity of the pulse are not unusual in other diseases. As a gene-
ral rule, coldness and clamminess of the extremities exist in all diseases. All
the symptoms detailed by Dr. Phillips accompany cases of cholera morbus.
Cases of violent indigestion would present very much the symptoms detailed
in this court by various persons. Discharges from a diseased rectum would
be attended with considerable pain. There are bloody faeces in piles. In dis-
2 I 2 43
378 LUCRETIA CHAPMAN,
of the rectum, violent dinrrhcea, dysentery, &c., bloody discharges to
my knowledge are common. When such cases terminate fatally, we find, on
examination, the alimentary canal ulcerated in different parts, which accounted
for the bloody stools. The rigidity of the body some hours after death is not
?n unusual thing. The body becomes rigid as it becomes cold, and its degree
of rigidity is always in proportion of its degree of coldness. It has always a
tendency to become cold some hours after death. The rigidity observed in a
common case of death by arsenic, cannot be distinguished from the rigidity
attendant on any other disease, unless the rigidity has been produced by vio-
lent convulsions, in which case there may be contractions of the limbs.
As to the preservation of the body after so long an interment, it may be
ascribed to a variety of causes, or all may partially contribute to produce this
result; for instance, the age, sex, and temperament; the disease which pro-
duced death, and its duration; the state of obesity or leanness of the indivi-
dual; manner of burial ; the season of and time kept before burial ; the man-
ner of inhumation ; the quality of the soil ; the depth of the grave, and finally
the flatness or declivity of the ground. These results have been obtained by
Orfila, from a series of experiments purporting to ascertain the influence of all
these physical agents in retarding or accelerating putrefaction.
I could not discover the state of the inside of the stomach from the appear-
ance of the outside, any more than I could discover the lining of the coat by
examining the cloth of which the coat Avas composed. The external surface
of the stomach is covered by a membrane whose functions are diametrically
opposite to those of the one inside. Opinions are divided as to the number
of coats of the stomach. There are three coats. In a very violent inflamma-
tion of the internal membrane, the external membrane sympathizes and be-
comes inflamed; but the external membrane being inflamed is no evidence
of the internal membrane being so. I could not tell the difference between
inflammation produced by arsenic, and inflammation produced by any other
cause, as I never saw a case of death by arsenic. In violent vomiting, the
gall bladder would probably be found empty. In cases in Avhich there is no
Vomiting, the arsenic would invariably be found in the stomach. The empti-
ness of the intestines after death depends upon the diarrhcea which preceded
death. As to the appearance of the intestines I would put no reliance, as
being caused by a phenomenon during life, because, during the lapse of three
months, many phenomena must have preceded the one observed by the gen-
tlemen appointed to proceed to that examination. Moreover, Dr. Mitchell
speaks of having observed that the mucous membrane was detached in some
parts from the muscular coat, which is certainly an evidence of an advanced
degree of putrefaction, showing the fallacy of judging of this case by the ap-
pearance observed in the examination. I cannot say that the symptoms would
be incompatible with cholera morbus.
For the opinions I have expressed, I rely on Orfila and Montmahou. Ber-
zelius I should put at the head as a chemical authority. Christison is a dis-
tinguished authority.
From the best of my impressions, I should say, from the symptoms, post
mortem examination, and chemical tests, that William Chapman did not die
of arsenic.
Croes-examined by the commonwealth'' s cotinsel. — I have been a practitioner
of medicine three years. I can state the general symptoms of poisoning by
arsenic; but after all they would be fallacious, as, of all the cases which I
have read in detail, no two are alike. Violent vomiting, one, two, or more
hours after taking the poison, occurs; a constriction of the throat; pain and
burning in the stomach; great lassitude, disabling the individual almost to
move; after the vomitings have continued some time, thirst; and if this state
continue, purging follows; the circulation is slow, and participates in the
general prostration of the vital powers. These symptoms run through their
career in the space of a few hours; for instance, from three hours to twenty-
*^ V i
FOR POISONING. 379
four hours. These are the general symptoms; there are nervous pymptoms,
such as convulsions, and at times the loss of the intellectual faculties towards
the end of the case.
The reason why I am induced to believe he did not die of arsenic is, that
no arsenic has been found. I have no testimony that he did die of arsenic
from the exhumation; far from it; the gentleman appointed to examine the
body, candidly and honourably to himself, acknowledored that the examination
was imperfect. If I had examined the stomach the day after, there would be
no certainly that he died of arsenic. There was no appearance in the siomach
that induced me to believe he did die of arsenic ; my reason is this ; that, at
the time. Dr. Mitchell stated that the mucous membrane was detached, which
was an evident proof of an advanced staare of putrefaction, which must have
destroyed all the appearances which existed during life. There was no ap-
pearance in the stomach that he did not die of arsenic. He had not any one
symptom that any one dying of arsenic would not have. I have been a stu-
dent of chemistry and of medicine for eight years. I have studied chemistry
with Dr. Green, Dr. Hare, and Dr. Mitchell. I have not paid much attention
to analytic cliemistry; I mean the manipulation of it.
I believe the stom^ach was in spirits of wine. I am not positive. I should
put greater reliance on the symptoms and the exhumation if the tests had not
failed; but these failing, their failure reacts upon the symptoms and exhuma-
tion. If the poison had been found, then I should say that the symptoms and
appearances were to be regarded, to show that the poison was in the body
during life, and not put in after death. I mean that if there is no arsenic
found, all symptoms and exhumation go for nothing. In a word, no poison —
no poisoning; no cause — no eflect. I consider that the symptoms, exhuma-
tion, and tests are no evidence that he died of arsenic. The symptoms, ex-
humation, and tests satisfy me that he did not die of arsenic. I am of opinion
that if arsenic enough has been given to produce death, it could be found ; and
because, upon the proper tests being employed, it was not detected, I infer he
did not die of poison. There is one case recorded in Orfila, of a man who was
supposed to have died by arsenic, and no trace of it found afterwards, but it
is not believed to be true. Such cases are not believed by persons who culti-
vate medical jurisprudence. Orfila says the case 1 mentioned is not true.
Chrlstison, as well as Orfila, says, that" in every instance in which they have
analyzed the contents of tiie stomach of persons dying by arsenic, they have
found it by reduction. I should not rely on the alliacious odour. As a single
test, standing by itself, established authority says it ought to be entirely dis-
carded. Wlienever the fumes are sufficient to impart this smell, the metal
may be reduced. I have bestowed great attention to medical jurisprudence.
Col. Estcmislao Be Cuesfu, third witness for defendant, sworn. — The witness
asked for the aid of an int-orpreter, believing himself to be unable to relate his
narrative in the English language. He referred to two of the counsel (Messrs.
Reed and M'Call), either of whom was well qualified, he said, to render that
assistance.
Those gentlemen desired to be excused, by reason of the situation in which
they were placed as counsel in the cause, as well as from a conviction that
the witness was sufficiently acquainted with the English language to obviate
any need of an interpreter.
Judge Watts said, he had conversed with Col. Cuesta, and was persuaded
that he need not apprehend any difficulty.
The witness then proceeded, referring to Mr. Reed for assistance, on a few
occasions, in the course of his testimony.
I am consul of the Mexican government, for the city of Philadelphia. In
May last, I resided in Union-street, No. 5 ; my office was next door. No. 3.
On the 17th or 18th of May, 1S31, between twelve and one o'clock of the
day, there came two persons to my office, one of whom saluted me in Span-
ish, telling me that he was an unhappy Mexican, whose name was Liao
380 LUCRETIA CHAPMAN,
Amalio Espos y Mina ; and requesting- me to hear his misfortunes. The
other person was a lady, Mrs. Chapman. 1 then offered them seats, and they
sat down.
He told me that he was a Mexican young man, whose family were in
California. His father, he said, was governor of that slate, and his mother
was in Mexico. He (Lino) lived with his grandfather, who was very rich,
and that was the only merit he had ; for he had the same education which I
might perceive in himself. His grandfather, having made an acquaintance
with an English gentleman, was induced, at his request, to send Lino with
him to Europe for some years, that he might see and learn something of the
world ; and for that purpose, gave him money enough to travel. They went
by the city of Mexico, where his mother was, and remained there a week or
ten days ; she recommended them to Mr. William Taylor, consul of the
LTnited States at Vera Cruz, telling them that this gentleman was very inti-
mate with her, and he could be useful to them. They proceeded to Vera
Cruz, where Mr. Taylor received them into his own house, and took their
passage for them in a vessel about to sail for France, telling him (Mina) to
send letters for his family, to his care. They arrived in France, 1 do not
remember how many days after. In a few days after their arrival, the
English gentleman in whose company he went, died suddenly while in
church. He then inquired for some person who could speak Spanish, as he
could not speak French ; a Spaniard came and offered his services. He told
him what had happened, and asked him to take him home. They went to
the hotel. In a few minutes after, the English consul came to his room,
taking away all their trunks and money ; Mina told him a part of those
things belonged to him, but the consul would not believe him, but told him,
if he had any right to these things, he could have them in time. INIina was
not afterwards able to find the consul, or any one that accompanied him.
Finding himself in a strange country, and without friends, and not speaking
French, he complained to a gentleman who was in the same hotel, and asked
him for advice. That gentleman pitied him, and told him he had better go
back home; that he himself had been in the same circumstances ; and gave
Mina $100 to enable him to return. Mina then determined to come to Boston,
having a relation in that place, and having heard that his grandfather had
money in a bank there. He arrived in Boston, and was disappointed in
learning that his relation had gone to Mexico, with a lady whom he had just
married ; and he was not able to hear any thing as to the money in the bank.
Not being acquainted with the English language, he determined to come on
to New York, to see if he could find a friend of his who had taken leave of
him in France, for this country. At New York he was told that they would
inform him at Joseph Bonajiarte's where his friend was ; he went there, and
could not find any one, and determined to come to Philadelphia by land.
He got tired on the way, and went to a tavern to ask for something to eat,
and a room to rest. They told him he could have any thing he paid for ; he
said he had no money ; and the man told him he could go away, for he
would not give him any thing. Going on his way he saw a country-house,
where he stopt to ask for the saine thing. On his telling them how tired he
was, and how much he had suffered, they offered him to rest there during
the night, and he could go the next day. On that night he told them his
history. The next day he thanked the owners of the house for their hospi-
tality, telling them he was going to take leave. They told him that his lot
need not change so soon, and that he had better remain there until he found
some friend, or received some news from his family. He accepted the offer;
and they took him to Bonaparte's, to ask for the same gentleman that he
wished to see before ; they could not see him, and came back again. After-
wards they came to Philadelphia, and somebody sent them to my ofhce. He
then requested me to send the letters which he had in his hand to his family ;
and until he received an answer, he said he would wait in the house of the
FOR POISONING. 38]
lady who was with him, and who was the virtuous, kind, and hospitable
wife of the gentleman of that house.
I then remarked to him, that I could not believe all that story to be true,
because I observed that his manners and his bad language did not show him
to be such a man as he would have me believe. He said, it was true, he was
an ignorant man, without any kind of education, but the reason was that his
grandfather was without education, and had neglected him (Mina) in that
particular, and therefore had sent him to travel, to improve his manners. I
remarked to him, I did not know that there was any governor of that name ,
in Mexico. He said he did not know where his father was, or whether he
was governor or not, for he had only heard it from his grandfather; his father
was in some high employment, and he thought it was governor. I then
asked him where was the place at which he had resided ; he could not give
me any answer. 1 asked him where his mother lived in (the city of) Mexico ;
1 knew from his answer he had never been in Mexico, and told him so. He
said he had been there, and that all he had stated was true ; but he had been
suffering so much from the loss of his friend and money, that he was almost
out of his senses. Then I asked him to give me some proof that he was a
Mexican. He asked, what proof? I asked him for his passport. He replied
he had none. I then asked him for his certificate of baptism, which all of my
countrymen carry with them. He said his passport was in his friend's
power, and he did not know what had become of it; and the certificate of
baptism was in his trunk, with many other documents, which had all been
taken away. 1 then told him I would write to the American consul, and send
him the letters he had given me for his family ; which were directed to the
care of the consul at Vera Cruz. He then told me he would write another
letter to his mother, and I prepared paper and pens for him. When he was
about commencing, the lady told me that she wished to attend to some busi-
ness, and would call again in one hour, to take him back with her, if I
thought that would be time enough. I told her it would, and she went out.
Mina then asked me to write the letter, because he was ashamed to write before
me, as his handwriting was very bad. I told him I was busy, and that he could
write himself to his own mother, because it was rather her fault, that he could
not write better; he then said, if he had thought of it before, he would
have brought the letters witliout sealing them, until he had seen me. 1 saw
one of the letters that he had, and as the paper was thick, and sealed with '
a wafer, I told him I could open it, and he might write a postscript. He asked
me to have the kindness to open it for him. I put water on the wafer, and left
it until the wafer was soft, and then opened it. He said he was very glad to
learn that manner of opening letters, and that he would never write on thick ->
paper, or seal with wafer. He wrote the postscript and sealed the letter -^
again, and sat down, waiting for the lady, I was then employed in my busi- " .
ness for more than an hour and a half, and the lady did not come, at half-
past three o'clock, I think it was more than two hours after she left my
office. I was then called to go to dinner, and I asked Mina if he would
come with me and take dinner ; it being a custom in my country, that when
a person is called to dinner, he invites the stranger with him; but it is cus-
tomary also, that the stranger never accepts such invitation, because it is
understood merely as an act of politeness. But Mina accepted the invitation,
and went with me, I was ashamed to take him home, because he was so
dirty that he looked like a beggar; but as he came to see me with a lady
who appeared to be very respectable, and she herself brought him in her own
carriage, I thought I could take him, making this apology to my mother and
sisters. My family were at table, waiting for me. We sat down, and in a
few minutes after, the waiter told me that a lady whose name was Mrs.
Chapman, was in the parlour, asking for Mina, I went down-stairs into the
parlour, and told her that we had waited in my office for her till half-past
three o'clock, and as she did not come, I had invited Mina to take dinner
382 LUCRETIA CHAPMAN,
at my table ; and 1 would feel myself honoured if she would accept a
place at the table, as we were just beginning. She thanked me, telling me
she had dined, and would wait willingly until Mina was done. I went
up-stairs to ask my elder sister, who could speak a little English, to be com-
pany for her till Mina was done. I came down-stairs with my sister, and
introduced her to Mrs. Chapman. {Acljuumed.)
Thursday morning, February 23.
Col. Cuestain continuation. — As it was very warm, I asked Mrs. Chapman
if she would take any refreshment. I believe she asked me for a glass of
water. I asked her if she would not prefer a glass of cold lemonade; she
said she would, and I ordered the lemonade to be brought into the parlour.
She said then, that her child was taking care of her horse at the door. I went
out and brought him into the parlour, leaving a servant with the horse. I
caused some sweetmeats to be brought for the child — I do not recollect whe-
ther or not they brought him any wine. I went up-stairs to tell Mina to make
haste, the lady was waiting for him ; he followed me down-stairs. . Mrs.
Chapman got up to go, and in doing so, she told my sister she would be glad
to see us at her house ; my sister reciprocated her politeness by the same
offer. I accompanied the lady to her carriage. When she was in, I ob-
served that 3Iina was without his hat, and told him he had forgotten it. He
made his excuse, saying that his head was disturbed, and he did not know
what he was doing. As soon as he got his hat, they went away in the car-
riage. That very night I was informed that Mr. Taylor was no longer consul
at Vera Cruz, and that he was then at New Orleans. In a day or two after
I wrote to him, and sent Mina's letters to Vera Cruz by the first vessel. On
the same day I wrote a letter to Mina. These are copies of the letters to Mr.
Taylor, and to Mina. (Copies produced and read).
(Mr. Cuesta here produced and read the copy of a letter written by him to
Mr. Taylor, late consul of the United States at Vera Cruz, communicating
what Mina had narrated, and making inquiry as to the truth of the story.
The date of the letter 19th IMay, 1831. Mr. Cuesta also produced a copy of
the following letter to Mina, the original of which has been found among
Mina's papers on his arrest at Boston, and was now shown by ]Mr. Reed to
Mr. Cuesta, and identified. The date was torn off the original, which was
postmarked Philadelphia, May 20. The copy was dated 16th ]May, 1831.
May Sr. Mlo, — Me ban informado que el Sr. Taylor se halla en Nueva
Orleans, le he escrito y hiego qe recibu contestacion avisare Jiv, lo mismo
que cuando reciba las de Mexico. Salude v. a la Sna Chapman de mi parte, y
celebrando se mantenga v. sin novedad quedo su atento servr. q. b. o. m.
ESTO. CUESTA.
To Lino .imalio Esposimina,
Care of Mrs. Chapman. Andalusia P. 0., Bucks Cotmft/, Peima.
TRANSLATION.
Sir, — I have learned that Mr. Taylor is at New Orleans. I have written to
him, and as soon as I receive an answer from him or from Mexico I will in-
form you. Present my respects to INlrs. Chapman, and believe me, &c.
Cut. Cuesta continued. — I never received the answer from his family, nor
from Mr. Taylor, because I was told that this gentleman was in New Orleans,
and probably he was somewhere else (at the time). A few days after I had
written to Mina, I received his answer, written in very bad Spanish, in a kind
of spelling peculiar to himself, and not to be found in any book; a copy of
which this is. (Copy produced and read).
Andalusia, Mayo 21, 1831.
Mill/ Sr. Mio. — Reivi la de V. S. con todo placer, y fecha, de el 19 de el
corriente, en del qe do infromado de lo ql V. S. me comunica : emas he en:
FOR POISONING. 383
contrado una contradicion, hi detemiino pasar a comunicarle a V. S. bervat:
mente, para ql V. S. me dirig-avotre de el particular.
le participo haberen Contrado una presona de mi a mistad la ql me ha asis-
tido prefectamente.
Reciva U. S. Espreciones de la Sa. Chapman y permita me V. S. ponerme
alas ordenes de su Sa. Madre y demas familia de su Respetable morado. y se
lelva se mantengna V. S. Sin. novedad y ordene a su atento servidor q. B. S.
M. — Lina Amalio Esposimina.
Sr. Dn. Estanislao Cuesta.
Col. Cuesfa continued. — I could not then, nor can I yet, understand the
meaning- of that letter. But according to what had passed between us before,
I interpreted it in this manner ; he was afraid the lies of which his story was
made up would very soon be discovered, and wanted to make me believe
he had found the friend he mentioned, and therefore he would not want
my services ; and this made me think him an impostor. A few days after in
the afternoon, he came to my house with Mrs. Chapman, and met my sister.
They asked for me; my sisler told them I was sick in bed, and they could
not see me ; and they went away. Eight or ten days after, I met Mina in
Chestnut-street, opposite the State-house ; he stopped me, and sainted me ;
I told him, I would not be spoken to by him, and he must never stop me in
the street again, nor come to my house ; that his conduct was very wrong,
and if he thought to deceive me, he was very much mistaken. A few days
after, when I went to my office, I found a letter on my table directed to Mina's
father ; 1 think the address was in Mina's hand ; the letter was written on
thick paper, and sealed with a wafer. I knew in a moment what that meant,
and asked one of my clerks who brought that letter there. He said that Mr.
Le Bran brought it, asking him to have the kindness to send it by the first
opportunity, without saying from whom the letter was. I put it among other
letters to Mexico, and sent them by the first opportunity.
A few days after, Mr. Page, the tailor at the corner of Chestnut and Sixth-
streets, sent to request me to inform him whether I knew Mina. I told him
I did not know him, or any thing about him. In about half an hour the same
person came back, and requested me, in Mr. Page's behalf, to know what I
thought of Mina. I told him that 1 did not think any thing good of him, and
I believed him to be an impostor.
On the QOth of June I left the city with a part of my family, and was ab-
sent until the 10th or 12th of September. A very few days after, a person
came to my house, and said he was an officer of the police ; and came to see
me from a magistrate to know if I could tell him where Mina was, and whe-
ther I conld describe him. I believe this officer is now in this house. I told
him I did not know where Mina was, and had not taken notice of his appear-
ance ; I gave a description, however, which I believe he wrote down. Some
days after, tliis person came to my office with a certificate, signed by Mr.
MontoUa, and asked me if that signature was genuine. I told him it was not,
and showed him the signature of Mr. Montoya, and the seal of the Mexican
legation, which was entirely different from that on the certificate. He then
asked me to lend him a letter of Col. Tornel, who had been the Mexican
minister before Mr. Montoya was charge d'affairs. I gave him the letter he
asked for. Some time after I received a letter from Mrs. Chapman, dated at
Erie. (Letter produced and read.)
After I had read that letter, I showed it to my sister, telling her to see
what Mrs. Chapman said about her. After she had read it, she said she was
very sorry that Mrs. Chapman was mistaken; she was sure she never had
told her that Mina was a rich man in his own country, because she could not
say such a thing without knowing him. She recollected that when they were
speaking in the parlour about Mina, as she had nothing else to talk about to
Mrs. Chapman, she told her in a complimentary way, that she was obliged to
384 LUCRETIA CHAPMAN,
her for her kindness and hospitality towards that person, supposing' that he
was a Mexican : and 1 did the same myself to Mrs. Chapman. My sister
also remembered that she told Mrs. Chapmnn, that it was a pity to see a
young man so unfortunate ; as he represented himself to be rich in his own
country.
As it was necessary to make a very long explanation in reply to the con-
tents of her letter, because every thing that Mina had told her was not true, I
thought that that was not the time to do so, and 1 was afraid my letter might
fall into wrong hands, and have an influence against her. As she asked me
to call on Mr. Campbell, her lawyer, I went myself to that gentleman's
house, with the intention of informing him what Mrs. Chapman wished, and
to pay him from my own purse, and do all that I could in her favour. But
as I was informed that Mr. Campbell was not in town, and having heard
that Mr. Brown was her cotmsel, I was very glad, because, although I had
not the honour of knowing that gentleman, yet his fame had reached me ; I
therefore thought that it was prudent to reduce my answer to the terms of
this letter. (Produced and read.)
rhiladelphia, 10th Dncember, 1831.
Mrs, Lucretia Chapmart, Doylesfoicn,
Madam, — A few days since, I had the honour to receive your communica-
tion, dated Erie, November 29th. I have perused it with interest, and very
much regret the critical and unfortunate business in which you appear to be
involved. I hope and truly wish that you are, as you say, innocent; and
that you may be acquitted and liberated soon. According to your wishes, I
have called myself at Mr. Campbell's, the lawyer, who happe; s to be at
Harrisburg ; and was informed by one of the family, that he had nothing to
do with your business ; having seen by the public prints that you had a very
respectable and able counsellor, Mr. D. P. Brown, I have not the least doubt
but that gentleman alone will see justice done to you ; therefore, Madam, 1
have the honour to be.
Very respectfully, your humble obt. servant,
(Ei^Copia.) ESTO. CUESTA.
After writing this letter, I put it in my pocket with the intention of putting
it in the post office. While at dinner, I was told there was a lady in the
parlour who wished to see me. 1 went down, and found Mrs. Chapman
there, and some person with her. I saluted her, but did not know who she
was, until she told me ; 1 then told her I was very glad to see her, that I had
received her letter, and had also the answer ready in my pocket. I took it
out and gave it to her; she read it and put it into her reticule. I do not re-
member what she said to me ; and I was co sorry for her situation, that 1
would not speak to her about it. A few minutes after, she went away.
I think this is all that ever passed between Mrs. Chapman and Mina and
myself. As for the stories he has told, they are utterly false.
The counsel for the prosecution declined cross-examining Col. Cuesta.
Lucretia Chapman, fourth witness for the defendant, being called to be
sworn, Mr. Ross asked her the following questions.
How old are you ?
Witness. — Ten years old.
Do you know what you have come here for ]
JVitness. — (after a pause.) To swear to all I know.
What will become of you if you do not tell the truth ]
Witness. — I will be cast into hell-fire for ever.
Court. — Let her be sworn. (She was thereupon sworn.)
I was at our house in Andalusia with my parents, at the time that Mina
came there. He came in the evening, just as the candles were beginning to
be lighted up. He had black clothes on. He came and knocked at the
front door. Mr. Forman went to the door, and came back and told pa there
*^
FOR POISONING. 385
was a person there who wished to see the gentleman of the house. Pa said,
"it is a beggar, I suppose — tell him to come in." Mr. Forman brought him
in. He came up close to pa and bowed, and solicited a night's lodging.
He said he had been refused at the tavern below. Pa told him there was an-
other tavern about half a mile above. Ma said the carpenters had gone, and
he might stay all night. Pa said, " very well then." Lino then sat down.
We were exercising on a grammar lesson, which ma was explaining to us.
After we got through, he told his story — (my father was sitting in the rocking
chair nursing little .John.) He said he came from Mexico, and when he left,
his father was governor of California. He started from that country with a
doctor, who had relieved his grandfather : his grandfather had a skin growing
over his lungs — the doctor gave him something to make him sleep, and then cut
open his side, took the skin off his lungs, and closed it up again. He went to
France in company with this doctor, and while there, the doctor died suddenly in
a church. He went to his boarding-house, and threw his watch and brace-
lets into a large trunk, which was lined with diamonds, and which his father
had given him when he left home. He put on a common suit of clothes, and
threw himself on the bed : when the officers came in, to seize the property.
He said one of the trunks was his, but as he had on a common suit, they
would not believe him, although his name was in full on the top of the trunk.
They said he was but a slave of the doctor's. Two young ladies came in
and told them that the trunk was his — they would not believe them, but took
the trunk. The ladies gave him $100 to return with; he heard he had a
friend and relation in Boston, and as there was no ship going to sail for
Mexico, he sailed for Boston. At that place he found that his relation had
been lately married, and had taken bis wife to Mexico to see his relations.
He heard there that he had a friend at Joseph Bonaparte's, and he was coming
to see him, because he would help him. He said he had walked from Phila-
delphia that day. The day but one after that, ma and Mr. Ash went with
him to Bonaparte's at pa's request. They got home early in the eve-
ning. A few days after, they went to Philadelphia with Mary Ann Pale-
thorpe. I don't recollect when they came back — 1 think it was on the same
day. Pa wrote a letter to his father, and ma wrote one to his mother. I
don't recollect how long this was after he came. On Sunday ma went to
Philadelphia with Lino, Mr. Ash, and William, and staid a day or two — they
returned on Monday evening. I did not hear what my father said. Ellen
Shaw then lived with us. Ellen was eating her dinner, and pa called her
away from the table to speak to her, but I don't know what he said. I
don't recollect that Fanning was there — I think he was. I don't recollect
that my mother ever was absent three days with Lino. I don't recollect what
was said when they returned from town after they went on Sunday. I don't
recollect that my motherever went to town with Lino, without another person.
Lino came from town one day, I don't recollect what day it was ; he came
in crying, and went into the parlour, and sat down on the sofa. Pa came in
and sat down on the sofa beside him, and tried to comfort him ; repeating se-
veral Scripture verses that he had committed to memory. When ma came
in, Lino told her he would go to town on Sunday (I think it was Saturday
he came home). He went on Sunday with ma, and William, and Mr. Ash.
This was the same I mentioned before. I do not remember my father order-
ing Mina a black suit. Father and Mina were very friendly. I never knew
them to quarrel or disagree. I do not know how long it was after this that
Ellen went away. It was on Friday evening that pa was taken sick. Before
that, I one day went out to the barn ; Lino stood leaning against the barn,
crying. Pa was there, and asked him what the matter was. He said he
was distressed, because he did not know where he could make his
home, until he received letters and money from his father. Pa told him he
could stay with him until that time. A short time after. Lino was walking
behind the shed. The next morning he told, that as he was walking there,
2 K 41)
386 LUCRETIA CHAPMAN,
he heard a voice saying, " Linetto — Linetto — Linetto !" He said it sounded
like his mother's and youngest sisters voices — their voices were very much
alike; and in a short time he should hear of one of their deaths. This was
before he came home with the news of his youngest sister's death. In a short
time after this story, Lino went, I think, to Philadelphia (al'ter he had got his
black suit), and when he returned he said he had heard his sister was not dead,
as a friend of his from Mexico had seen the family, and they were all well.
My father took sick on Friday evening. At dinner (that day) we had veal,
boiltd pork, and green peas — I think the veal was baked. My father, mother,
Lino, ^Ir. Forman, sister Mary, and Mary Ann Palethorpe were at dinner ;
1 was not at the table myself, I was reading in the room where they ate.
Lino had been to Philadelphia the day before ; he went by the steamboat, and
returned, bringing a letter from the consul to pa, stating that he and his mo-
ther and two sisters would be out there on Saturday. At supper (on Friday)
Pa eat very heartily of smearcase and cold pork. I was sitting in the room,
but not at the table. Ma and pa, Mr. Forman, Mr. Ash, Lino, Miss Pale-
thorpe, and sister Mary were at the table. Pa handed the pork to each one of
them, said it was nice, and told them to try it ; they all refused. I awoke
up that night, a few minutes after pa was taken sick — I was in the same room
— I slept there. Ma went to get the peppermint, and she could not find it.
My father puked violently by spells that night. On Saturday ma would have
sent for the doctor, as Mr. Fanning was going that way, but pa said that the
doctor would only give him medicine, and he had cholera morbus drops in the
house, which he would take. IMina went on Sunday morning for Dr. Phillips
before breakfast. The doctor came not long after breakfast. I came in the
room — he ordered chicken soup, and said that pa could take a little chicken,
not much. He said the soup would be good for him, he might eat plenty of
it. On the same day (Sunday) ma made him a little rice gruel — I helped to
pound the rice in a marble mortar. I don't recollect who carried it up. On
Monday, the chicken soup was made in the kitchen ; the chicken was got at
Mr. Boutcher's. I don't recollect Avhen the chicken was got, I think on Mon-
day. ]\Iary carried the soup up to my father — I was with him at the time.
Mary went down-stairs again, and I staid with him. Pa tasted the gizzard,
but it was tough — he used to be always very fond of the gizzard when he was
well ; he gave the rest to me, and I ate it. Pa soaked the cracker in the soup,
and ate it with the chicken. He ate only a few spoonsful of the soup, but he
ate very heartily of the chicken. I ate some of the soup myself. 1 carried it
down-stairs, chicken and soup both, and set it on the kitchen table. The neck,
wing, and part of the back of the chicken was left. As I was going through
the dining room to the kitchen, ma exclaimed, " How heartily your pa has
eaten of the chicken, and how little of the soup I I am afraid it will hurt him."
I went back up stairs to stay with pa, till they had done dinner. 1 don't re-
collect that pa was ever left alone when he was sick. Mary and I took turns
attending on him while he was sick. Mr. Bishop attended part of the time.
Ma also attended on him. There was a bell in the room. I think Ann Ban-
torn was there on Monday. I don't recollect whether Juliaime was gone away
or not. I do not remember seeing Ann Bantom in my father's room. I don't
remember tl\e day on which my father died. I don't remember the day Mr,
Fanning came there. I don't remember the day Mr. Forman went away.
Bif the Cuurt. — I don't recollect that they used any copper saucepans about
the house.
Cross-examined hy conimonweallh''s counsel. — I have told this story to lawyer
Brown and to aunt Green — no one else. I have not told it to aunt Green this
week, I talked to her about it yesterday — Mary was by, part of the time.
Aunt Green asked me about it. I have not talked to my mother about it.
Aunt Green asked me when Dr. Phillips first came to Andalusia. I told her
it was on Sunday. She asked me how long pa was sick. I told her five days.
She did not ask me about taking up the soup — she asked me who brought it
down ; I told her it was L I don't recollect that she asked me how much
FOR POISONING. 387
my father had eaten of it. I don't recollect that she asked me whether I had
eaten of it. It was in a blue quart bowl ; the soup and chicken were taken
up together; the chicken was on a plate, I think. The chicken was whole.
Mary brought up a knife and fork with it; pa cut it himself. It was while
the rest of the family were at dinner. Mary brought the chicken and soup
up-stairs. Mother was not in the room while pa was eating. I don't recol-
lect who cooked the chicken. Father appeared rather better that morning;
he was vomiting a little; not much. He was not vomiting when the soup
was taken up. He was able to sit in the rocking chair while his bed was
making. He did not sit up any more during the day, to my recollection.
INIother was eating her dinner when the chicken was taken up. We dined
about one o'clock, I think. My father got worse after eating the chicken.
He did not get bad very fast. I don't recollect seeing Mina that morning. I
don't recollect whether he was sick that day. Wlien I carried down the
soup, Mr. Forman, Mr. Ash, Mary Ann Palethorpe, Mary, and ma were
there. Nobody was in the kitchen when I took it down. Ma had not then
finished dinner. Mary staid with him at breakfast. Mary and I staid with
him to wait upon him while ma was busy. Ma was np there several times
that day, part of the time waiting upon him, and part of the time sewing.
My father was very fond of pork ; I think he always ate it when it was on
the table. I don't recollect any quarrel between pa and ma about the carriage.
On Saturday evening, after father was taken sick, my bed was moved to the
next room. I recollect, before Mina came, my father leaving his bedroom
and going into another to sleep. I don't recollect why he did it.
I went to Philadelphia with Mina after pa's death ; he left me at Mrs. Le
Brun's all day. I was going to Baltimore with him to see his friend C!asa-
nova, who was very sick. I did not go, because he had a letter that his friend
was dead.
I went back to my father's room after taking down the chicken, and staid
five or si.x minutes with him. He had not begun to puke when I left him. I
think ma went up when I left him. I saw him again a short time after I had
done my dinner ; he was not puking then. I saw him that night; he puked
once while I was in the room. I don't recollect that Lino had a fit that night.
I saw my father on Tuesday; I staid with him at breakfast. I don't recollect
seeing him after that day I understood he died of cholera morbus; I heard
Dr. Phillips say so on Sunday. I saw the letter from the consul on Friday
morning. I heard ma read it to pa. No one has told me what Ann Bantom,
or any of the witnesses said in court. My aunt Green did not put her ques-
tions in writing. After father's death, mother slept in the spare bedchamber;
it was not the room in which my father was in the habit of sleeping. We all
slept together; my truckle bed was moved to that room. All the family
slept there. My father made his bed sometimes with my help, when ma was
from home or unwell. I never heard ma say he must make it. Ma com-
monly made it. The dining room adjoins the kitchen ; they dined in that
room that day.
Ma told us she was going to New York, when she went (to be married) ;
she did not tell us what she was going for. After she came from Albany,
she talked of going to Mexico, I believe.
Levi V. Vandegrift, fifth witness for defendant, being called to be sworn,
was objected to by the counsel of commonwealth, on the ground that he had
infringed the order of the court, by being present during the trial.
After an examination into the fact, and some desultory argument, the court
said, there was some doubt whether this witness was not the individual who
was expressly excepted from the operation of that rule ; and he was accord-
ingly sworn.
I live within three hundred yards of Mr. Chapman's ; they were my nearest
neighbours. They lived there three or four years. Mrs. Chapman was the
active person of the establishment. We had a good deal of intercourse. They
388 LUCRETIA CHAPMAN,
lived in perfect harmony so far as my knowledge extends. I live on a farm.
I -wzs there once during Mr. Chapman's sickness. It was on the Sunday af-
ternoon before his death. I was passing by; Mrs. Chapman hailed me; I
rode up, and went in to see him. I inquired after his health; he told me he
was better. He said he called me, to state to me, that in case of his death,
he did not wish his brother John Chapman's family to be made acquainted
with his sickness, or invited to his funeral, as the two families were at vari-
ance; he did this, so that Mrs. Chapman should not be censured after his
death. He had told Dr. Phillips the same, and had sent for Mr. Sheetz to
tell him also. I then left him. I saw him no more until at"ter he was dead.
They had sent for me. The sun was about an hour high when I went. 1 saw
nothing very remarkable in his appearance. He was a little dark round the ear.
It was Mrs. Chapman's habit to ride out with her pupils. I never saw any
impropriety in her conduct.
Cross-examined. — It was three or four o'clock on Sunday when 1 called to
see Mr. Chapman. I could discover no change in him. except that he had
more colour in his cheeks than usual. He did not complain. He said he had
had a severe attack of cholera morbus, but was better. Mrs. Chapman was
in the room; no one else. Mrs. Chapman is said to be an excellent teacher.
I never heard any one say they saw any impropriety in her. She was consi-
dered a moral woman by all I ever heard speak of her, and she is so in ray
opinion. I never saw her and Lino riding out together.
Bev. George S//eetz, sixth witness for defendant, sworn. — I am pastor of All-
Saints church, about three miles from Andalusia, near Holmesburg. Mr. and
Mrs. Chapman held a pew in that church. Mr. Chapman was occasionally
there, and Mrs. Chapman very frequently. It was generally attended by her
pupils. On the Sabbath on which Mr. Chapman was ill, I performed divine
service in Whilemarsh. Dr. Delancey (provost of the University of Penn-
sylvania) performed in my stead. There was a note directed to me, left on
the desk, requesting the prayers of the congregation to be made for Mr. Chap-
man, in consequence of his severe illness. Dr. Delancey did not open the
note. It is not usual in our church to request the prayers of the congregation,
except in cases of extreme illness. I attended the funeral. He was buried
not far from the church, on the north side. As mention was made of the un-
usual preservation of the body, it occurred to me that there were three things
that might have contributed to it. In the first place, the declivity of the
ground; 2d, the nature of the soil, sandy and dry; and, .3d, to which I should
attach the most importance, the depth of the grave. I had found fault with
our sexton for digging his graves too shallow; in consequence of this com-
plaint he went into the opposite extreme, if such it may be called, and digged
them unusually deep. This was the case in this instance. I have been at
Mr. Chapman's occasionally. I never saw any thing that gave me reason to
suspect the want of harmony in the family.
Cross-examined. — The note left on my desk was signed by Lucretia Chap-
man. I live eight miles from Chapman's. I doubt whether I was there
from the middle of May till Chapman's death. I cannot say that I have seen
Mr. and Mrs. Chapman together at church since Mina came there. I cannot
say whether they lived harmoniously after that time. I believe Mrs. Chap-
man was in mourning at the funeral. I saw her at church after the funeral;
she was dressed in mourning. I had conversation with her calculated to
console her under her affliction. She appeared much distressed. Sandy soil
would absorb water more readily than clayey. The npper surface of the
ground was clayey; three or four feet below, it was sand}-. I have rather
felt a reluctance to leave here till I have accounted for the difference between
Mr. Chapman and his brother. When Mr. W. Cha]iman purchased the
place at Andalusia, Mr. John Chapman suggested to me the unpleasant aliena-
tion of affection between the two families. xMr. Chapman did not state that
he was prevented from seeing his brother at his death. Mr. W. Chapman
FOR POISONING. 389
■was at Mr. J. Chapman's funeral; his family was also there. Mr. J. Chap-
man died about three months before William. Some of J. Chapman's family
were at William's funeral, but arrived very late.
I deem it justice to say, that I find, by examining my record, Mrs. Chap-
man's name on my communicant list, I think for 1826 : since when, if any
thing had occurred in the neighbourhood calculated to impeach her character,
I should have been informed of it. Mr. Chapman was labouring under an
affection of the head when he attended his brother's funeral.
I don't think it surprising that spots should have appeared on his face after
death. The affection of the head was in the neighbourhood of the ear. I
think he mentioned to me at his brother's funeral, that it was with great diffi-
culty he attended, on account of the complaint in his head. I don't remem-
ber that he had palpitation of the heart. Mrs. Chapman communed in the
church after her husband's death. Her children and pupils, when examined
around the altar, were found remarkably well instructed in the catechism.
Joseph Magoffin, seventh witness for defendant, sworn. — I knew Mr. Chap-
man first in 1817, and Mrs. Chapman some time in 1818, when they were
married. I was his first pupil. I had a bad impediment in my speech at
that time; I went to him to be cured. I remained under his care about a
year. About a year after that he went out of his house and went to Mrs.
Chapman's. She was a teacher. Her maiden name was Wlnslow. I
have been acquainted with them since that time to the present; have visited
them — but not since they removed to the country. They lived harmoniously
together. Her general character was good ; all that I heard against her
was, she had a high temper; but I never saw any thing of it. They were
both highly moral. She became more and more the active personage of the
establishment.
Cross-examined. — Her character appeared as good since she left the city as
before. I have seen her five or six times within the last three years. I
saw her once, half an hour, when she called to see me ; that was the longest
time.
William M. Gouge, eighth witness for defendant, affirmed. — I became ac-
quainted with Mr. and Mrs. Chapman in 1826. I was well acquainted with
them from that time until they went to the country. I never saw any im-
propriety in Mrs. Chapman. I am not acquainted with many persons who
knew her ; her repute was good, except that I heard she was passionate.
They lived harmoniously. I was repeatedly at their house, and attended
their examinations. Mrs. Chapman was the active personage of the estab-
lishment. She has come to my office with her pupils riding with her. I have
seen her six or ten times since she left the city, generally on business. My
opportunities of knowing her general character were equal to those of know-
ing that of any other so near the city.
Henri/ Korn, ninth witness for defendant, sworn. — I was acquainted with
Mr. and INIrs. Chapman in September, 1826. I knew them intimately. My
daughter was a pupil of theirs for six months. Mrs. Chapman seemed
to be the active one of the firm. Her character was more than moral ; I
thought they were a very religious family. They lived more harmoniously
together than people usually do. I have no hesitation in saying her charac-
ter is good.
Jathony M. Bucklei/, tenth witness for defendant, affirmed. — I became ac-
quainted with Mr. and Mrs. Chapman in 1825 or '26. My sister had a son
who had a very great impediment in his speech, as a pupil there. I was a
pupil a few weeks myself. They lived in Pine-street near Seventh. I was
frequently at the school. I never observed any thing but the most perfect
harmony at that time. The generality of persons have spoken well of Mrs.
Chapman. I never heard her moral character impeached. She appeared to
be the active person.
Cross-examined. — In 1827, I heard her character impeached on account of
2k2
390 LUCRETIA CHAPMAN,
ill temper. I have known her since she left the city. Mrs. Chapman showed
me letters from Mr, Chapman, addressed in the most affectionate terms.
(Mr. Magoffm was here called aaain to prove the handwriting of Mr. Chap-
man in a letter to James Fasset, Esq. Mr. Brown then read the letter, which
consists of a bill for boarding and tuition, amounting to $51 25, and under-
neath, the following note:)
" Dear Sir, — As it is agreeable to Mrs. Chapman for your son Huson to
remain under her care a quarter as you requested, I take the liberty of hand-
ing you the bill as spoken of, the payment of which to the bearer, Don Lino
Amalio Esposimina, will oblige. Dr. sir, yr. hble. servt.
"W. CHAPMAN, FOR MRS. C.
'■'■Andalusia, \5th June, 1831."
Francis C. Labbe, eleventh witness for defendant, sworn. — I knew Mrs.
Chapman a year before she was married, when she was Miss Winslow. I
have been well acquainted with Mr. Chapman. I have been at their house
frequently. I taught dancing in their school for four years. They lived very
happily together as far as I could see. My daughter was there as a pupil,
nearly two years. My acquaintance continued until they removed to the
country. Previous to my daughter's going to her school, I made inquiries as
to her character. Her character is good.
Joseph Dixon, twelfth witness for defendant, sworn. — I reside in Philadel-
phia. I have resided in Mrs. Chapman's neighbourhood. I have known her
between twelve and thirteen years. I knew her husband. Three of my
daughters were pupils — they continued two years. They lived in harmony
as far as I know. I have seen her but once since she removed to the country.
There was interchange of visits between our families in Philadelphia. Her
general character was good.
Deposition of William Duane, Esq., thirteenth witness for defendant, read.
— William Duane, one of the aldermen of the city of Philadelphia, being
duly sworn, says, I was acquainted with Mr. and Mrs. Chapman. I became
acquainted with them in 1826, and have known them ever since. At that
time they lived in Pine-street, about two hundred yards from my residence;
they lived there several years. I have been at their house twice, and they
were frequently at my office. I never saw any thing but the utmost harmony
and cordiality ; indeed, I thought exemplarily so. They w^ere very respect-
ful towards each other, and there was always a sympathetic kindness between
them. She held, as well as himself, a highly respectable character, and
was entirely a lady in her deportment. She always appeared to be the most
active personage of that establishment, which was a boarding school. I had
no reason to think that her character was not entirely unexceptionable, al-
though, from my local and official situation, I had every opportunity of hear-
ing her character fully and constantly.
Being cross-examined, says, — My opportunities of knowing Mrs. Chapman's
domestic character were limited. My visits to her house were made from
curiosity. I never, to my recollection, took a meal in her house. At the
outside, I was never at her house more than three times in my life. I knew
Mr. and Mrs. Chapman about two years before they left the city. I have not
known them since.
Friday morning, February 21.
Miss Jane Vallance, fourteenth witness for defendant, affirmed. — I have
known Mr. and Mrs. Chapman for many years, but have not had very fami-
liar intercourse with them. My sister and I were pupils of theirs ; I cannot
Bay how long. I have not been intimate enough to say how they lived to-
'^^ ' •■ FOR POISONING, 391
gether. I considered Mrs. Chapman's moral character good before tliis affair.
Sly sisters have been at school at Andalusia. I reside in Philadelphia.
Miss Catherine Vallance, tfteenth witness for defendant, being affirmed, tes-
tified that she and several cf her sisters had been pupils of Mrs. Chapman;
two of them since the removal to Andalusia ; and that the general character
of Mrs. Chapman was very good up to this affair.
TVilliam Shaw, sixteenth witness for defendant, being affirmed, testified
that he had known her first about nineteen years since, but had never visited
her house since her marriage ; and that her general character was good while
he knew her.
Miss Eliza Vandegrift, seventeenth witness for defendant, affirmed. — I have
known Mrs. Chapman ever since she lived in our neighbourhood. We were
near neighbours, and interchanged visits with each other. I have been at
her house for a week at a time. I was there two or three days at the time
of the funeral. Mr. and Mrs. Chapman appeared to live very agreeably to-
gether. Her general moral character was good, up to the time of this dis-
turbance. I never observed a want of kindness between them. I have been
at the house since Mina came there.
Cross-examined. — I took tea with Mrs. Chapman after the funeral. I did
not observe any thing peculiar in her conduct. She was in the room with
Mina. I don't think she appeared to be sad. I did not hear her laughing
that afternoon. She told me that Mina had a fit after their return from the
funeral, and that he was in bed. I believe she went to see him. I don't
recollect whether he was at the supper table.
Re-examined by Mr. Brown. — We were all in the room with Mina, before
he had the fit. He went to bed then, and I did not see him afterwards. The
widow of John Chapman took tea there.
William Fansanf, eighteenth witness for defendant, affirmed. — I live in
Warminster township. I have known Mr. and Mrs. Chapman about five
years. I was a pupil of theirs. They lived in Pine-street the first time I
was with them — the second time in Andalusia. I remained at Andalusia
eleven weeks. Mrs. Chapman was the active person in the establishment.
I never saw any thing unkind in the conduct of Mrs. Chapman towards Mr.
Chapman. They lived, generally, harmoniously. Her general moral cha-
racter was very good. We had prayers and reading in the mornings.
Cross-examined. — It has been two years since I was at school. I have only
seen her twice since that time ; the last time was in May last.
Mr. Brown produced and read three certificates. The first, signed by Hetty
G. milingltam, dated Brewster, Mass., Jan'y. 9, 1832, certifying that she
resided with Mrs. Chapman from two to three months in 1818, and that
" her deportment toward her husband was that of a dutiful and aflfectionate
wife."
The second, signed by Mercy Baxter, dated, Dennis, Mass., .Tan. 9, 1832,
certifying that she was a scholar and assistant in the school of Mrs. Le Brun,
in which Mrs. Chapman was a teacher, in 1811 and 1815, and that Mrs.
Chapman "then sustained an unblemished character."
The third, signed by Louisa Baker (a niece of Mrs. Chapman), dated
Dennis, Jan. 9, 1832, certifying that she had resided with Mrs. Chapman
between four and five years, that Mrs. Chapman " was tender to her hus-
band," and that "they both seemed to enjoy an uninterrupted happiness in
each other's society." [The certificate does not specify the time of her resi-
dence with that family.]
The evidence here closed on the part of the defendant.
Ellenor Bmitcher, for the prosecution, sworn. — The chicken was sold on
Sunday, to Mr. Chapman, about eleven o'clock, in the fore part of the day.
Cross-examined — I don't recollect any thing about the death of the chick-
ens, nor when they died. I never had" any ducks to die so before. I said,
392 LUCRETIA CHAPMAN,
I supposed fish water would kill them, because they were an easy thing
killed.
By the Court. — My husband said he thought the ducks were poisoned. I
did not think any one would poison them. There had been a complaint of
my fowls running over there. Mrs. Chapman bought a pair of chickens
of me.
Question by Mr. Boss. — I have never known ducks to die as these died.
By defendanfs counsel. — I examined one of the ducks, and found its craw
was full.
Levi D. Vandesrift called again for the defendant. — Last spring a year I
had a flock of ducks, and I had a mason building a platform ; those ducks
came and fed of tlie lime water, and I think all died but one, in the course of
twelve hours. These were about a week or two old. I think there were
masons or carpenters at Mr. Chapman's in the month of June.
John A. HelUngs., affirmed, for defendant. — I had, about four years ago,
upwards of sixty ducks, of various sizes. 1 think we lost them all in the
course of forty-eight hours.
Cross-examined. — I have known chickens to die suddenly. We laid the
death of the ducks to salt pickle, and found salt in their craws. I have
known them very frequently in wet weather to fall over.
Mr. M'Call here read to the court and jury from the following medical au-
thorities: Manual of Poisons, by Montmahou, pages 8, 11, 13 — 15, 17, 21,
38, 50. John Gordon Smith's Hints, 11, 12. Principles of Forensic Medi-
cine, 8, 98. Christison on Poisons, 184, 108, 109, 315, 92, 232. Cooper's
Medical Jurisprudence, 424, 42G. American Journal of Sciences, No. 9,
1829, 246, 242. Beck's Medical Jurisprudence, Vol. 2, 218. Orfila, 399.
North American Medical and Surgical Journal, No. 23, July, 1831, 73.
Paris and Fonblanque, 155, 158, 159. Medical Reporter, No. 22. North
American Medical and Surgical Journal, No. 20, p. 302. 3d Paris and Fon-
blanque, 295. American Journal of Medical Sciences, No. 12, p. 523. Dr.
Yellovvley's Transactions, Vol. 4, p. 410. North American Aledical and
Surgical Journal, No. 19, July, 1830, p. 203.
Miss Surah Gando sworn, for defendant. — I have lived twenty years m the
neighbourhood of Mr. Chapman's residence, about a mile off. I have occa-
sionally staid at her house, never more than a week at a time. INIr. and Mrs.
Chapman lived harmoniously. I never saw Mina, and don't know that I was
there while he was there. Mrs. Chapman was the active personage of the
house. Before this disturbance, I never Jieard any thing bad of Mrs. Chap-
man. They had family prayers twice a day. I have not known her to ride
out with her pupils. I was at Mr. W. Chapman's at the time his brother
died. He told me he thought he was treated very unkindly by his brother's
folks; they did not permit him to see him during his sickness.
John Thompson, affirmed, for defendant. — I was three months at Mr. and
Mrs. Chapman's school, at Andalusia. I left there about a year ago. They
lived harmoniously, as far as 1 know. I can't say what was Mrs. Chapman's
general character with regard to deportment before this circumstance. I live
upwards of eight miles from the house.
Mr. Willis H. Blayney came in to-day upon the attachment, and was
now offered to prove an important point, which Mr. Ross, in his opening
speech, introduced to the attention oi^ the jury, as a part of the evidence to be
brought out by the prosecution. The court decided that it was too late to do
so; and directed him to pay the costs of the attachment. Mr. Blayney filed
an affidavit, previously to this direction of the court, assigning as the reasons
for his absence, the illness of his child, and the urgency of his official duties,
as high-constable of Philadelphia. He was then called as a rebutting wit-
ness, as to the,character of the defendant.
1 believe I am acquainted with the general character of Mrs. Chapman.
FOR POISONING. 393
From 1818 to 1829, I have always considered her character good. Since
then, I have considered it bad ; gradually getting worse. I became a police
officer in 1829.
Ci oss-exaviined. — I have heard bad of her from 1829. I have not said
within the last week that I knew nothing bad of her ; not in those exact
words. She lived in my mother's house, and behaved herself remarkably
well. My sister has taught music in her seminary for several years. I have
said, that if the prosecution expected me to give her a bad character, they would
be mistaken ; that is, to my personal knowledge, I have never seen any thing
but what was right. I have visited at the house of Mr. and Mrs. Chapman.
They lived very' happily together : 1 never heard any thing to the contrary.
When 1 speak of her general character, I speak of police report. I can't say
I ever heard a good police report. I can't say that Mrs. Chapman said Lino
went to Boston ; but from what she did say, I wrote to Boston and New
York. I was the first that started this proceeding.
The letter that was sent from Washington, written to Mina, was what first
induced me to move in it. I persevered more strongly in it, in consequence
of some mutters I had heard of Mrs. Chapman''s character, which I heard from
the police. (Mr. Ross objected to any further examination upon this subject.)
The report of the police was perhaps a year before this aflfair. I think I heard
it from Mr. M'Lean and Mr. Garrigues. I call that general character.
By the Court. — I never heard any thing against her, except from the police.
If I were to find stolen goods in a person's house, or if I knew that counter-
feiters had been taken in that house, I would say the owner of the house had
a bad police character. — (^Testimony closed.)
Judge Fox charged the jury as follows : —
Gentlemen of the jury, — If, from any cause, even the slightest prejudice
existed in your minds against the prisoner at the bar before the solemn
duty which you are now performing was imposed upon you, I am sure that you
have divested yourselves wholly of it, and that you are prepared to investi-
gate and determine the cause upon the evidence before you.
It did not need the exhibition of her j)oor little children to awaken oui
attention to the cause, or excite our compassion for the situation of the pri-
soner. The facts which are proved, and which must govern the decision, are
of a character so extraordinary, as necessarily to arouse our minds to the keenest
regard to the deductions to be drawn from them ; and whether the miserable
state to which she is now reduced be the offspring of her follies, as she her-
self alleges, or of the most shocking of all crimes, as is the allegation of the
prosecution, it is impossible to regard her terrible condition without deep
commiseration. But fur us this is no question of feeling. A duty is pre-
scribed by the law, and we are not at liberty to indulge any sentiment incon-
sistent with its strict performance. Let us then seriously incline our minds
to the most careful investigation of the grave matters in proof before us, that
we may be enabled conscientiously to perform the solemn duties enjoined
upon us.
But although we may not suffer sentiments of mere compassion for the
prisoner at all to influence us in our examination of the cause, yet we are
bound to approach it with hearts mercifully inclined, because, in a very im-
portant sense, mercy is a part of the law. You must start with the legal
presumption that the prisoner is innocent, and that presumption must continue
until her guilt is satisfactorily proved. This is the legal right of the prisoner.
It depends not on the circumstances of any particular case, but is the common
right of every one accused of a crime. The law covers the prisoner all over
with an armour, that can only be pierced by proof of guilt. It matters no-
thing, therefore, what rumours you may have heard, what publications you
may have read, what suspicions you may have entertained, or even what
50
394 LUCRETIA CHAPMAN,
opinions you may have formed, in relation to the prisoner, before you were
sworn in the cause.
The law declares her innocent, unless the proof you have heard on her
trial satisfies you of her guilt.
The mild spirit of our institutions has abolished capital punishments in
every case except that of wilful, deliberate, and premeditated murder. The
commonwealth does not seek blood She unwillingly receives the victim
from the hands of justice; and, when the sacrifice is demanded, the whole
community is horror-struck. There is not much danger, therefore, in Penn-
sylvania, of unjustifiable convictions in capital cases. Indeed the belief is,
that even where the facts demand it, it is almost impossible to procure a
capital conviction. Yet, I will say, I have never known a verdict of acquittal
which I did not tiiink justified by the evidence, although I may have believed
that it would have warranted conviction.
Much has been said upon the evidence in this cause, as being presumptive,
and not direct or positive ; and many cases have been read and cited, showing
the conviction and execution of persons in England of capital felonies, whose
innocence afterwards was made apparent. These arguments and these cases
only prove, that all human evidence, whatever be its character, positive or
presumptive, like every thing that partakes of mortality, is fallible. Infalli-
bility belongs to Omniscience alone. We must use human evidence for the
furpose of arriving at any conclusion whatever, respecting a question of fact,
f the mind is fully satisfied, we must act upon such conviction, although, from
the uncertainty of all mortal affairs, mistake may be potisihle ,- otherwise the
business of the world must stand still. The mind may be as completely con-
vinced by presumptive as by positive evidence, and possibly may not arrive
at the truth from either. Many cases might be supposed in which presump-
tive evidence would be more satisfactory than some degrees of positive ; for
there are as many degrees of positive evidence, as there are shades of charac-
ter among mankind. Suppose t\^o witnesses were to charge a man with
murder, and swear positively that they saw him commit it. This would be
positive evidence. Suppose, in his defence, he should prove that these wit-
nesses were so infamous, that no reliance could be placed upon their oaths —
that he himself was a man of the most upright nbaracter — that he had no rea-
son whatever to destroy the person murdered, but that every motive of feeling
and interest would probably induce him to preserve his life. Suppose it to
be further apparent, that the witnesses themselves would derive great benefit
from the death of the person murdered, and from that of the person they had
charged — that there were many circumstances to induce strong suspicions
that they were the real murderers. This defence would be presumptive evi-
dence, but it is manifest that it would overturn that which was positive. The
true question therefore is not what is the kind of evidence in this cause, but it
is what is the result of it in your minds. If it has failed to satisfy you of the
guilt of the prisoner — if your minds are not convinced — if they vacillate and
remain in doubt as to this question, you must acquit her, be the character of
the evidence what it may, positive or presumptive, because the law regards
her as innocent, so long as you have reasonable doubt of her guilt. But if
the result of the whole evidence in the the cause satisfies you that she is guilty
— if you are convinced of that fact — if no reasonable doubt remains upon your
mind, it is imperatively your duty to convict, even if the character of the evi-
dence be wholly presumptive. Such is the law.
In capital cases, the counsel for the prisoner frequently deem it their duty,
not only to scan the evidence with the closest scrutiny, but also to comment
upon the character, the motives, and the conduct of the witnesses, with a
freedom that would not be tolerated, under similar circumstances, if it were
attempted on the part of the prosecution. So far as I am able to judge, we
may place great confidence in the integrity of every witness in this cause. I
have seen neither disposition nor motive for any one to speak falsely, or to
FOR POISONING. 395
conceal the truth, excepting only in the poor little daughter of the prisoner. She,
no doubt, had the strongest of all possible feeling, but who that heard and
saw her can doubt her innocence of any intentional mistatement or conceal-
ment.
Ellen Shaw and Fanning have been assailed with much severity, but, as
it strikes me, entirely without reason. Why should they testify falsely against
the prisoner ? The motives attributed to them by the counsel, even if they
exist, are wholly inadequate to impel them to such horrible perjury.
Even those gentlemen, eminent in science, who, from the most public spi-
rited motives, have afforded the commonwealth their efficient aid in the inves-
tigation of this important question, have not escaped animadversion. It is
essential to the public interest that they should know that a due sense is
entertained of their services. They have sacrificed much valuable time, and
much of comfort, with the most honourable disinterestedness ; and, if they are
to suffer, in the slightest degree in reputation, how can they, or other gentle-
men of similar attainments, be asked to render us assistance hereafter. We
have thought it proper, therefore, that the acknowledgments of the county
should be thus publicly tendered to them for the important services ren-
dered to us in this investigation.
The charge against the prisoner is murder by poison. Therefore there can
be no question as to the grade of murder, whether of the first or second degree,
inasmuch as, by the law of Pennsylvania, all murder perpetrated by means of
poison is murder in the first degree.
The questions for consideration are two.
1. Did Mr. Chapman die by poison ?
2. If he did, was Mrs. Chapman a voluntary agent in thus procurinor his
death ?
As to the first question, there is much evidence. Indeed, all the evidence
in the cause may be said to have a material bearing upon it, because all that
may go to show that Mrs. Chapman procured his death, will serve to cor-
roborate any other that will show his death by poison.
The first and most important evidence of the death by poison, and without
which the prosecution could not be for a moment sustained, is that derived
from the chemical examinations, and the opinions of the chemists. Dr. Mitch-
ell and Mr. Clemson, the gentlemen who made these examinations, have given
us, in detail, their mode of proceeding, and their opinions as to the results.
It is obviously of great moment, that we should be able implicitly to rely
upon their integrity and skill. Who and what are they? Dr. Mitchell is
known in Philadelphia, not only as a physician of great eminence, but as a
professor of chemistry, whose attainments in this science, are second, per-
haps, to none, even in that great city, where chemical knowledge is in advance
of any other place on this side of the Atlantic. His skill, his estimable cha-
racter as a man, and the great caution he exhibited in giving his evidence,
will authorize you to place the most unlimited confidence, not only in the facts
he has proved, but also in the opinions he has given.
Mr. Clemson is comparatively a young man, but his opportunities of ac-
quiring chemical knowledge have been very rare, and seemed to have been
fully improved. After studying the science several years in this country, he
went to France, and has been assiduously employed, for about five years, in
the practical laboratories of several of the most eminent chemists of the age.
It is true, as is said by the defendant's counsel, he is mercurial, and he did
not evince sufficient caution in giving his evidence. But his integrity of pur-
pose has been most apparent, and his skill is unquestionable.
These are the gentlemen who were selected to make the examination of
Mr. Chapman's stomach. Upon their evidence, as I have said, this part of
the cause, at least, mainly depends.
What did they do ] Do not let us be deterred from a strict examination
of this part of the case by the difficulties which it has been suggested we
396 LUCRETIA CHAPMAN,
labour under from the want of chemical knowledge. The question now is,
did Dr. Mitchell and Mr. Clemson detect arsenic in the stomach of Mr. Chap-
man ■? This, like any other fact, when questioned, must be proved by evi-
dence. Now, what has been detailed to us for the purpose of supporting the
affirmative of this proposition 1
The stomach, as taken from the body by Dr. Hopkinson, was subjected to
a chemical process whereby all animal matter was destroyed. This mass
"was then reduced by evaporation, and what remained was divided into three
parts, and these were put into three several glass tubes. The object of this
was, to test each of these parts, and thus have the opportunity of several
experiments.
The flame of a spirit lamp was applied to the end of the tube in which the
matter was, and if arsenic were present, it was expected to be detected in two
ways.
1. By reduction (as it is called) of the metal. That is, that the metal
would be thrown off in a gaseous form, and be condensed on a superior part
of the tube.
2. By the odour said to be peculiar to arsenic. This is evidence of the
presence of the metal, because caused by the metal itself Clearly proved to
exist, the presence of the metal is taken for granted by chemists for all ordi-
nary purposes.
It is certain that no metal was reduced — that is, no metal was visible to
the eye in metallic form. But it by no means follows that you may not be-
lieve that the metal was present, I mean even by chemical proof Indeed many
cases might be supposed in which a jury would not be justified in rejecting
chemical proof of the existence of arsenic, although the metal was not re-
duced. Suppose what are called the liquid tests were tried, and gave the
characteristic appearances of arsenic, and that the precipitate being subjected
to the action of fire, gave out the odour, and no other test attempted, this
would be strong evidence for the consideration of a jury, and might or
might not settle the question depending on the other circumstances of the case.
It might not be as conclusive proof as if the metal had been made visible to
the e3'e, but, as I have said, it would be evidence of the presence of arsenic
on wiiich a jury would be justified in acting.
Then, in this case, what degree of evidence has been obtained from the
chemical examination of the existence of arsenic in the stomach of Mr. Chap-
man ] This is the true question.
The reduction of the metal was attempted, and the chemists failed to effect
it. So far the presumption is, that no metal was present, and so far, I sup-
pose, the evidence conclusive, that so little arsenic was present, as that the
liquid tests would not detect it, otherwise it would have been reduced ; for,
where these tests show arsenic, it may always be detected by reduction. So
all agree.
The metal not being reduced, what is the next best evidence that arsenic
was present. Is not the peculiar odour that evidence ] From what I have
learned in this cause, I suppose that it is. Formerly it was considered the
best test; but as the science advanced, and the power of reduction was greatly
extended, the authorities have discountenanced proof of this sort; Dr. Mitch-
ell seems to think, unreasonably.
Then what evidence have we of the presence of the peculiar odour in this
case"?
The matter to be examined was, as I have said, divided into three parts,
and placed in three several tubes. These were severally, at different times,
subjected to the action of fire, and from each of them this peculiar odour
of arsenic was given out. Dr. jNIitchell and Mr. Clemson both swear that it
was the odour of arsenic.
Dr. Mitchell says: ''In conducting the experiment, and after these pheno-
mena had been observed, the sealed end of the tube opened, under the action
FOR POISONING. 397
of the spirit lamp, when Mr. Clemson, who was holding it, turned round and
said, ' Is any one subliming- arsenic in the room ]' The reply was, no. He
then called me to examine what the odour in the tube was, and I distinctly
recognised what I believe to be the smell of the fumes of arsenic. The tube
was^ubsequently heated at the part where the shinin^ black matter was, and
as the tube was open at both ends, a current of air was passing through it,
and the arsenical smell was perceptible at the upper end. The other tubes
were subsequently, at different times, heated in the same manner, and (with
the exception of the accidental breaking of the first tube) the result was the
same." — " The arsenical odour is generally esteemed, by high authority on
this subject, as a very imperfect test of the presence of arsenk* ; but as the
objeciions to this test are several, and as it was important for the purposes
of public justice that this case should be strictly examined, I tested one by
one, experimentally, the objections. The first objection is, that the mixture
of animal matter so covers, when it is volatilized along with arsenic, the odour
of that metal, that it cannot be perceived. This objection does not apply
in this case, inasmuch as it was perceived. Another objection is founded on
the alleged similar odour of certain substances, phosphorus and its com-
pounds, zinc, antimony, onions, and garlic. The last of these could not, by
any possibility, have been present in the matter that was sublimed by me.
Antimony, zinc, and the phosphates, mixed with animal matter and charcoal,
were tested in similar tubes, under like circumstances. These experiments
were repeated again and again, in the absence of my colleague, Mr. Clem-
son, without being able to produce the arsenical odour, or any thing that I
could mistake for it, unless I actually placed arsenic in the tube. Supposing
myself liable to deception, because I knew what was actually in the tubes in
all these experiments, I prepared a set of them containing these articles,
phosphate of soda, kermes mineral, an antimonial, and some granulated zinc,
and placed them while under treatment by a spirit lamp, and in succession,
under the nose of Mr. Clemson, who was ignorant of the contents of the
tubes. Among the tubes, there was one prepared with arsenic in very small
quantities. It was only when the tube containino arsenic was heated and
placed under his nose, that he said decidedly, ' that is arsenic' He hesi-
tated not a moment as to any of the tubes." — " Speaking from authority, I
would say, that the chemist cannot speak positively of the presence of arse-
nic, without finding the metal."
Mr. Clemson says, "The matter contained in the bottom of the tube was
so exposed to the lamp, as that the carbon of the lamp should act upon that
portion of the arseniate of lime which had not been in contact with the car-
bon in powder. As I expected, we obtained an odour of arsenic. The
second tube I exposed to the heat of the spirit lamp. I was expecting a
ring, and the odour of arsenic struck me. I looked round and asked if any
one was burning arsenic. On examinatioa I found that the end of the tube
was broken, and the odour of arsenic still given out. I called Dr. Hopkin-
son, and Dr. Mitchell, and the servant, to smell this odour, and they all
agreed that it had the odour of arsenic. I know of no substance, which, in
my opinion, has the same odour, or which resembles that of arsenic. It is
stated, that there are certain substances which give oflf an odour resembling
that of arsenic — certain vegetable substances ; but here there were none.
Phosphoretted hydrogen is said to have the odour. I have manipulated it,
and never found the odour. I account for the smell by the action of the
carbon in vapour from the lamp coming in contact with the arseniate of lime,
not already decomposed. If, in the examination of any mineral substance, I
had discovered the same results, I should have said there were traces of arse-
nic. I believe that was the odour of arsenic that I smelled." — "Authority
goes to say, that other substances than arsenic produce odour so like it that
one may be deceived. A man can smell the shadow of a shade of arsenic.
I cannot say what quantity will give the odour." — " I have never been de-
2 L
398 LUCRETIA CHAPMAN,
ceived when I have found arsenic by the blow-pipe, in detecting it after-
wards. It mifjht have been arsenic, but not in sufficient quantity to be
weig-hed, and then we apply the term, ' traces of arsenic,' in the descrip-
tion of the analysis of the mineral. It is the metallic substance that gives
the odour."
This is the evidence of the existence of the peculiar odour of arsenic in
the stomach of Mr. Chapman. You will observe, that here in searching for
arsenic, by three several experiments, on different parts of the same matter
precisely the same result was produced, viz : the peculiar odour of the metal ;
cf course, the existence of the odour cannot admit of doubt.
Then taking the opinions of Dr. Mitchell and Mr. Clemson that no other
matter was present that could have produced the same odour, you have the
opinion of the chemists, that arsenic was found in the stomach of Mr. Chap-
man. Unless these gentlemen have been deceived, under circumstances in
which they seem to tliink deception almost impossible, arsenic was detected,
and you, as jurors, will be justifiable in drawing that conclusion, and acting
upon it. Thus, if you make this deduction, you have the proof by chemical
tests, and the opinions of the chemists, that arsenic was in the stomach of
Mr. Chapman in support of the position that he died by poison.
In support of this deduction, there is much corroborating evidence in the
cause, a summary of which I am about to present to you for consideration.
1. The pecidiur smell of the stomach, proved by Dr. Hopkinson and Dr.
Mitchell, and the extraordinary fact, that another stomach into which a small
quantity of arsenic was placed, and remained a considerable time, threw off
precisely the same unusual odour.
This, by itself, would weigh nothing ; but as a coincidence, it is well worthy
of consideration, the more especially, as Christison speaks of a peculiar odour
from a body dead by arsenic.
2. The preservation of the body, and more especially, the peculiar dryness of
the small intestines.
The soil in which the body was buried was very favourable for its preser-
vation, but the fact that it was in a remarkal)le state of preservation is cer-
tain. Dr. Hopkinson says that the small intestines appeared, as he supposed
they would if they had been hungup to dry. This extraordinary appearance
alone would be of little moment, but acquires some importance in connexion
with the other facts in the cause.
3. The symptoms of the disease, and the opinions of the attending phy-
sicians.
His attending physicians were astonished at the fatal result of his disease.
Dr. Pliillips says, that at the time, he was not satisfied as to the cause of his
death, and that he could not account for it; and Dr. Knight speaks to the
same purport.
Cholera morbus did not satisfactorily account to them for his death, although
no suspicion of f out play then existed, yet the symptoms and death alone
excited their astonishment, and neither are able to account for it.
The symptoms, although each one may be referable to natural causes and
a death by cholera, all agree that the whole are such as probably would pre-
cede death by arsenic. Take the symptoms of such death as described by
Dr. Togno, the medical witness of the defendant, and compare them with
those which are proved to have existed in Mr. Chapman's case.
Dr. Togno says, the general symptoms of ])oisoning by arsenic, are " vio-
lent vomiting, one, two, or more hours after taking the poison — a constriction
of the throat, ])ain and burning in the stomach, great lassitude, disabling the
patient almost from moving after the vomiting has continued some time,
thirst — purging follows. The circulation is slow, and participates in the ge-
neral prostration of the system. Mr. Chapman had no symptom that a man
would not have had who died by arsenic."
FOR POISONING. 399
4. The opinions of medical men founded upon the post mortem examination,
and the description they have had of the symptoms.
Dr. Hopkinson says, that death was caused by the action of some violent
substance upon the stomach.
Dr. Coates says, "from what I saw, and the evidence of Drs. Phillips,
Knight, and Hopkinson, I am of opinion that Mr. Chapman died by the action
of some corrosive poison, or irritant poison, probably of an arsenical character."
Dr. Mitchell, after giving his reasons in detail, says, " I am unable, after a
careful and considerate view of the whole ground, to resist the conclusion, that
Wm. Chapman died because of the presence of arsenic in his stomach."
Thus far I have confined my examination to the chemical proof and medical
opinions as to the death by poison, without regard to the other proof in the
cause. If you place full reliance upon the integrity and skill of the witnesses,
you will be justifiable in considering their opinions as proof of the facts upon
which they are given.
But in corroboration of, and to be taken in connexion with the foregoing,
there is other evidence of a very important character.
On the 1 6th of June, Mina bought poison, and that poison arsenic, upon
what, so far as appears, was a false pretence.
On the I7th of June, Mr. Chapman was taken sick with his mortal disease,
now pronounced by the physicians to be a death by poison.
On the 20th and 2Ist of June, several chickens, and a large number of
ducks coming out of the lot of Mr. Chapman, died in an extraordinary man-
ner. The ducks at the time believed to die of poison. Now, although ducks
are subject to an acute disease, that carries them off suddenly and in great
numbers, yet these facts, under the circumstances, are well worthy of con-
sideration.
On Sunday, the 19th, Mr. Chapman was seen by Dr. Phillips. He had
recovered from his illness, and was in no dangerous, or even uncomfortable
situation. He continued thus till Monday afternoon, the 20th ; then he had
all the symptoms of poison by arsenic.
I have now presented a summary of the evidence of the death by poison,
independently of the proof which has been given, showing the agency of the
prisoner in procuring his death. But there is much evidence as to this latter
question, which is applicable to the former. Indeed, allevidence that will
support the position that she was his murderer, will corroborate that which is
given to prove that he died by arsenic, for it is certain, that if murdered at
all, it was by arsenic. You will, therefore, still keep your attention awake
to the applicability of the additional evidence, as well to the question of the
death by poison, as to that of her agency in procuring it.
2. Did Mrs. Chapman do the murder, or was she present aiding and
abetting'?
In presenting this part of the case to you, I at the same time think it my
duty to make a point for the prisoner, not made by her counsel ; probably be-
cause they did not thiuk it prudent. »
It is, that suppose Chapman was poisoned, and his wife in adulterous or
criminal intercourse with his poisoner, her defence would be exceedingly
difficult, even if innocent; for those things which might be evidence only of
criminal passion for the murderer, might be construed as evidence of partici-
pation in the murder. This, certainly, is a possible case. Therefore, in ex-
amining the evidence, take the consideration I have presented along with
you ; and if the facts and circumstances proved against her can be accounted
for on the supposition of criminal intercourse only, without^ necessarily in-
ferring the murder, you will put that merciful construction upon them.
Did Mina do the murder with her aid, or did she do it with his?
The first question that strikes the mind in the inquiry is, why should she
do the murder ] What motive could she have for destroying her husband?
400 LUCRETIA CHAPMAN,
The prosecution answer this question by saying, that she was infatuated
by a guilty passion for Mina, and an avaricious longing after the boundless
wealth of which she believed him possessed, and leagued with him to destroy
her husband, for the purpose of unrestrained gratification.
This allegation it is for the prosecution to make out by the evidence. Let
us examine it in detail. (The judge here recapitulated those parts of the
evidence of Mary Palethorpe, Ellen Shaw, Esther Bache, Ann Bantom, and
Fanning, which go to show the improper intercourse between Mina and Mrs.
Chapman, and the state of feeling between Mr. Chapman and Mina, and then
continued.)
That the prisoner was most strangely infatuated with Mina from the com-
mencement of their intercourse up to the time of their final separation, cannot
be questioned. If the testimony of Ellen Shaw is believed, acts utterly in-
consistent with innocence are fully made out. If the prisoner did, at ditierent
times, kiss Mina, and suffer him to kiss her, and suffer him to rest in her
arms singing love songs, it is very strong evidence of criminal intercourse
between them. Taking the difference of their ages, the fact that she was a
married woman, her infatuation, and the hasty and indecent marriage, ten
days after her husband's death, in connexion with those facts proved by Ellen
Shaw, and the probability that they were living in adulterous intercourse is
very great. That Mr. Chapman believed it is certain, if you credit Fanning
or Ellen Shaw ; yet, however improper or criminal their conduct towards each
other may have been, there is no positive proof of adultery, nor of any thing
from which it must necessarily be inferred.
It is true that she seems to have had views of going to Mexico with Mina;
that she considered her husband in the way of her ambitious or avaricious
aspirings ; and that she wished him " gone." These things add much weight
to the other evidence; and taking the whole together, it is for you to say
whether you can draw the conclusion, that adulterous intercourse existed be-
tween them. If it did, that fact will be of great weight in the question whe-
ther she is guilty of the murder, for it would, with the other facts proved, be
very strong evidence of a motive for the commission of the crime.
Supposing her to be an adulteress, or given up wholly to her infatuation,
those facts which otherwise weigh little against her may have very great power.
On the 16th of June she was in the city with Mina, when he purchased the
arsenic. They returned home, and on the next dai/, Mr. Chapman was taken ill.
On the 19th, when Dr. Phillips did not believe he was seriously ill, she
wrote a note to Mr. Sheetz, the pastor of All-Sainls chnrch, requiring pruyers
to be put up for her husband, as if he was in extremity.
On the same day she calls Mr. Vandegrift to go to Mr. Chapman to receive
directions that J. IV. Chapman'' s family were itot to be invited to his funeral.
On the 19th, Dr. Phillips, believing Mr. Chapman's indisposition to be very
slight, ordered chicken soup. This was made on Monday. Ann Bantom saw
it made. It was taken by Mrs. Chapman into the parlour where Mina was.
Here it has been supposed that the poison was put into the bowl of soup ;
but that cannot be. It seems to be impossible that Mrs. Chapman should
have put poison into this, to have poisoned her husband with it, and then have
placed it on the kitchen table; and suffered it to remain there several hours,
exposed to the chance of being eaten by her servants, who dined at the table;
or by her own children, whose dining room adjoined the kitchen.
If Mr. Chapman was poisoned, as heretofore I have supposed, I look in
vain for evidence to show distinctly hoiu he was poisoned. Was the arsenic
in the soup] He was taken much worse directly after he took it. If the
poison was in it at all, it probably must have been in a portion taken from the
bowl ; but of this there is no evidence. If, however, the evidence is clear
that he was poisoned, his being taken ill directly after eating the soup is
strong evidence ot the time and manner. From this time his illness run a
\
FOR POISONING. 401
rapid course. He suffered much, and requested Fanning to stay with him.
Mrs. Chapman did not go into his room but once during the evening, and,
although much pressed by Fanning to do so, she refused to send for a phy-
sician.
If he were poisoned, the evidence is almost irresistible that the deed was
done about the time he took the soup. Who could then have poisoned him 1
Had his wife a motive sufficient to move her to the commission of so terrible
a crime, as well as what she might have deemed a safe opportunity to per-
petrate it? I have already adverted to the evidence which precedes his ill-
ness, and some facts of no little weight remain to be noticed, which occurred
after his decease.
On the 5th of July she is married to Mina in the city of New York. They
neparafeun the same day. She goes to Schenectady, he to Andalusia. On the
evening of that day she writes him a letter evincing all the extravagance,
considering her age and his youth, of a most ridiculous passion. (Letter of
5th July read by the court.) Now when was the courtship of which this
marriage was the result, ten days after her husbund''s death ?■ Was it before his
death or after it % In either case, what conclusion ought we to draw 1
On 3 1st July she writes him another letter of a very different character.
The same infatuation seems still to exist, but all levity is gone. Retribution
for her folly or her crime has already overtaken her, and the deep feeling, and,
apparently, deeper meaning with which, in the bitterness of her heart she
says, '■'•Believe me. Lino, that God will not suffer either you or me to be happy on
this side of the g-rave,^^ as well as this whole letter, is worthy your most se-
rious attention. It was written after she was fully apprized that Mina was
a villain, and it was manifestly intended for no eye but his own. Take in
connexion with this letter, the extraordinary and mysterious power that he
exercised over her after it was sent, as proved by her declarations to Ann
Smith. She, in the presence of her sister, charged him with some of his vil-
lanies, and declared her wish to be separated. He apparently consented, but
required a secret conference before he went. She granted it to him, and not-
withstanding the cruelties which he had practised upon her and her daugh-
ters, so strongly complained of in the letter, notwithstanding she must have
known he was every way a villain, she returns to her sister, and says, " Sis-
ter, Lino is not an impostor, he is a clever fellow.''''
On the 17th of September, she herself laid before Mr. M'llvaine the most
conclusive evidence that Mina was an impostor, and guilty of a forgery. On
that same evening, a publication in the National Gazette, in Philadelphia,
alluded to her as a participator in the crime of poisoning her husband.
On the 19th of September, she flies, notwithstanding she was warned by
Mrs. Smith, the day before, that it would be evidence against her. Why did
she fly? Was it to escape the punishment due to crime, or, as she alleges,
the timidity of an innocent woman, who, perceiving that appearances were
against her, had not resolution to face them? Of tliis, you are the judges.
Flight may be very strong evidence of guilt, or it may weigh nothing, accord-
ing to ihe circumstances under which it takes place. The legal presump-
tion from flight is against the prisoner, and it lies upon her to rebut it.
Much evidence has been given in support of the prisoner's character. A
number of very respectable witnesses liave fully proved, that, for a number
of years, she was much respected, particularly by those whose children had
been placed at her school. But all this much weakened, if not wholly de-
stroyed, by the evidence of Blayney, a high constable of Philadelphia, that
from the year 1829, her character has been bad, gradually getting ivorse, and
that his information is derived from the police of the city.
The evidence of the prisoner's daughter, Lucretia Chapman, has been re-
lied upon, to show that there could have been no poison in the bowl of soup.
Without her evidence, I think such would be the presumption, and she is of
course strongly corroborated. *v
2 l2 51 " ■"■ ' " •'■
402 LINO AMALIO ESPOS Y MINA,
I now, gentlemen, leave this case with you for your decision. If you are
satisfied that William Chapman was poisoned, and that his wife was the
voluntary agent, or was present, aiding in poisoning him, the law draws the
inference that she is guilty of murder in the first degree, and it is your duty so
to pronounce. But, if you are not satisfied with the proof, — if upon the evi-
dence a reasonable doubt exists, whether she be guilty or not, — the law calls
upon you to say not guilty.
At nine o'clock, on Saturday night, the jury retired, for final deliberation.
At eleven o'clock, the ringing of the court bell announced that they had agreed
upon their verdict, which was soon after rendered and recorded in open court
— Not Guilty.
The defendant was then discharged by proclamation.
LINO AMALIO ESPOS Y MINA,
FOR THE MURDER OF WILLIAM CHAPMAN. COURT OF OVER AND TERMINEK,
HOLDEN AT DOYLESTOWN, FOR THE COUNTY OF BUCKS, APRIL SESSIONS, 1832.
OnWednesday morning (April 25th), at nine o'clock, Judges Fox, Watts,
and Long took their seats upon the bench, and soon after, the prisoner was
brought up and placed at the bar.
On the part of the commonwealth there appeared Messrs. Ross (deputy
attorney-general) and Reed. On the part of the prisoner, Messrs. Rush
and M'Dowell.
The following named jurors were severally sworn or affirmed : — .John Rob-
barts, sworn ; Jacob Stover, affirmed ; John Webster, affirmed ; Amos Tor-
bert, sworn ; Henry Baringer, affirmed ; Clayton N. Richardson, affirmed ;
George Trauger, sworn; Jonatlian Ely, affirmed; John T. Neely, sworn;
John Headly, affirmed ; John Beatty, sworn ; Ezra Buckman, affirmed.
The following evidence was adduced on the part of the commonwealth, in
addition to that already given in the course of the former trial :
Dr. Phillips. — From the symptoms 1 observed myself, I am at a loss to say
what Avas the cause of his death.
So far as I recollect, the symptoms were not such as would probably have
arisen from arsenic; at any rate as easily reconciled upon that cause as any
other. If, upon a post mortem examination, arsenic had been found, I should
have considered the symptoms reconcilable. If a small quantity of arsenic
had been taken the day before, the sickness would have probably continued.
— There was a mystery over the whole occurrence to me. I was not able to
reconcile the symptoms with those of cholera morbus, and therefore I in-
quired of Mrs. Chapman, at the time, in order to discover the cause. —
I have often been puzzled with cases in the course of my practice. — Cholera
morbus, when fatal, very frequently terminates in twenty-four or thirty-six
hours. •■
Dr. Knight. — I saw Mina in the room on Wednesday night, and, I think,
on Tuesday. When I was called upon to prescribe for Klina, I found his
pulse natural — nothing out of order — my opinion was, that he had no fits.
Crnssfi-examined . — I visited him (Mr. Chapman) three, four, or five times
on Wednesday. My first visit was on Tuesday evening. Persons having
fits generally labour under a disturbance of the system, the pulse being either
excited or depressed — there was nothing of this in Mina. At his request (I
believe it was), I bled him. I should bleed a person if he asked me to do
FOR POISONL\G. 403
so, whetner his pulse required it or not. My opinion at that time was, that
he (Mr. Chapman) died of cholera morbus. Considering- nothing but the
symptoms that were present, I do not feel prepared, at this time, to say what
was the cause of his death. — There was no other case of cholera morbus in
the neighbourhood.
Benjamin Boutcher. — His (Mr. Chapman's) mouth looked purple. His
body seemed remarkably stiff — this was not more than one hour after his death.
I had laid out other bodies — I never observed such stiffness before.
Mrs. Esther Bache. — I never saw Mina scowl on any other occasion than on
that at the breakfast table.
Mr. Rush objects to receiving- declarations of Mrs. Chapman in Ann Ban-
tom's testimony. The declarations of co-defendants against each other can-
not be given in evidence. 1.?/ Phillips, 76.
Court. — The only difficulty now is, that which arises from the fact that
Mrs. Chapman has been tried and acquitted.
Mr. Rush. — Then we are upon terra incognita — the point is a new one.
They are not co-defendants, because Mrs. Chapman has been acquitted. They
are not now jointly charged. Community of purpose no longer exists now.
1 Chitfy, C. L. 566.
Mr. Boss. — This was an indictment which involved a conspiracy. It does
not affect the admissibility of this evidence, that one of the conspirators has
been acquitted- — and in order to prove this I hold in my hand an authority,
1 Easfs Cr. L, 351, — to show that a person charged as aiding and abetting,
may be convicted, even if the principal has been acquitted. The words in
the indictment are the same — " aiding and abetting." 2d Starlcie i03. 2d
Russell, 570.
This is the declaration of Mrs. Chapman accompanying the commission of
the murder, and it is for the court to say whether there has been such a com-
munity of action proved as to render this declaration admissible.
Court. — This is not entirely free from difficulty. There is a change of
circumstances since her acquittal. Before her acquittal, she could not have
been compelled to testify ; now she might be compelled to do so (putting aside
the fact of her marriage with Mina). That being the case, I think the declara-
tions cannot be given. I have examined into it since last court, knowing it was
an important question, and this is the best judgment I can form upon the sub-
ject, although I must say it is not entirely free from doubt.
Frederick Fritz, sworn, for commonwealth. — I came on from Boston in
company with Mr. Blayney at the time he was bringing Mina. I had some
conversation with Mina respecting his marrying Mrs. Chapman, &c. I asked
him whether he was married to her. He said he had married her in New
York. He told me he had had connexion with her before, during the lifetime
of her husband. He said she came to him, and was in his room very often.
That is all that I know. — {Not cross-examined.)
Willis H. Blayney, sworn, for commonwealth. — I went to Boston after Mina.
The first time I saw Mina, was in the jailer's office in Boston. He was
called up to state what belonged to him in his trunks : I wished to bring his
goods along. He did so, and I gave a receipt for them, before starting.
We then proceeded, at five o'clock in the morning, to Providence, in the
stage, and from that on home. On board the steamboat, after dinner, he was
taken with a fit. A physician being aboard, I got him to see to it. The fit
passed off after a short time, and the physician said he did not know what to
make of it.
Some time in the afternoon, he wished to make some confidential commu-
nications to me. I asked him on what subject 1 He said on the subject of
Mr. and Mrs. Chapman. I told him I did not wish to hear any thing; that
he had better keep what he had to himself. A short time after, I saw him
in conversation with Mr. Fritz. After they had parted, Mr. Fritz related the
same statement to me that he has just made in court. He (Mina) then came
404 LINO AMALIO ESPOS Y MINA,
to ine, said he wished to talk with me, and said Mrs. Chapman had come to
him, and that he had had connexion with her some few days previous to Mr.
Chapman's death. We then parted. He (Mina) was taken very sick shortly
after, vomiting a great deal (we were then coming down the Sound), and con-
tinued so all night. After breakfast next morning, as we were getting into
New York, he took me privately aft the boat, and stated that he wished to
have a conversation with me in private; he wished nobody else to hear. I
told him he had intimated that two or three times to me ; that if he would
answer me two questions, I would then listen to him. They were these : I
asked him whether he had ever been in the piratical service, or whether he
had ever been convicted, or in jail ] He said he had not been in either. I
told him he was very foolish for talking in the manner which he had, on board
the boat to strangers. What was slated after that, I beg the court will not
press me to divulge ; and which I cannot divulge, consisfently with my duty
as a police officer.
I told him if he would answer me those two questions, that nothing of it
should appear against him on his trial, if he was indicted for the murder of
Chapman. I told him nothing else.
Mr. Rush objected to the confession being given in evidence, it having been
made under the promise of favour. 1*/ F/iillips, 86.
Mr. Reed admitted the principle contended for in its fullest extent, but de-
nied its affecting the evidence now offered. This is not a confession of guilt.
It is a statement made by Mina with a view of shielding himself. There
was no admission of his having participated in the murder.
Cuurt. — Any declaration which a man makes, drawn from him by offer of
favour or by threats, no matter to what extent it goes, cannot be given in evi-
dence. This point was recently decided by myself in a case of arson, in
Montgomery county. The question, therefore, now is, whether this promise
of Mr. Blayney comes within the rule of law.
Mr. M'Dowell read from 2 Bussell, 643.
Mr. Rush addressed the court.
The court here asked Mr. Blayney to repeat his promise, which he did.
Court were unanimously of opinion, that this was not a confession drawn
from the prisoner upon promise of favour.
Mr. Blayney declined making any further statement, until peremptorily di-
rected to do so by the court. He then proceeded, referring to a memorandum
taken by him at the time ; I asked Rlina, whether he had a medicine chest.
He said he had, and had left it in Boston jail. I asked him whether he had
arsenic in it. He said he had medicine or stuff in it that would kill people,
and kill rats. I asked him whether he gave any of the medicine to Chapman.
(I would just state that he first told me a sort of story which I could not
understand, and then I put the above questions to him, and he answered them
as above.) In reply to the last question, he said no ; he was innocent. He
said that when the woman brought up the bowl of soup, Mrs. Chapman take
the soup from the woman ; she then put the physic in the soup. I asked him,
"Did you see the physic!" He said, "No; she take it from my bottles.
After Mr. Chapman take the soup, he get very bad and die. Mrs. Chapman
then come, kiss and hug me, and say, Lino, I want you to marry me. I say,
no, not till I ask my fatlier. She say, Oh, yes, I love you so much. Then
I say, well, when Mr. Chapman get bury, then I will marry you. Then she
say, we get marry in New Y'ork." Tliis was the first mention I had ever
heard about the soup.
Cross-exannned by Mr. Rush. — I could not understand him for the first day
scarcely; I was obliged very often to make him repeat and explain. I think
this was in September.
Dr. ffopkhison. — The inflammation presented the appearance of such an
one as would have been caused by some active corrosive substance or poison.
My reasons are derived from its intensity, and from its stopping at the com-
^.ai.
FOR POISONING. 405
munication with the intestine ; but, on the other hand, extending into the
cesophagus.
Cross-examined. — Inflammation of the stomach is found in fevers, in apo-
plexy, and in cholera morbus. A violent case of poison might resemble a
violent case of cholera morbus. In this case a high degree of inflammation
extended all over the stomach, and into the cesophagus. I am not aware of
having ever examined a body in which death was occasioned by cholera
morbus.
Cholera morbus is very rarely fatal in this country. Wnen it is, it usually
terminates in from one to three days, or more.
The symptoms of cholera morbus are, first, a sickness or nausea, with
some pain in the belly. This is followed by a vomiting, first, of the con-
tents of the stomach, and then bile, which is also discharged per rectum.
Cholera morbus is essentially a purging and vomiting of bilious matter.
Sometimes the patient has great debility, weak pulse, and towards the end,
cold extremities; those are the general symptoms. Chemical authorities
differ in many points. I never before examined a body that had been buried.
I should think a person might have died of cholera morbus, and the body
present precisely the same appearances after death as in the present case.
Authorities are not agreed upon the point, that the reduction of the arsenic
in metal, upon chemical analysis, is the only evidence of its presence that
can be strictly relied upon.
Bij the Court. — In the majority of cases of cholera morbus, inflammation
is found in the intestines ; though this is not invariable. I would not hesi-
tate to say, from what I have heard of the symptoms, that Mr. Chapman
could not have died of apoplexy.
Mr. Durand. — I have studied chemistry, which is closely connected with
ray business. Arsenic has a distinctive odour. I do not think I could be
mistaken in the odour of arsenic, unless the quantity were too small to pro-
duce a distinct odour. If an experienced chemist had detected the odour, I
should, for ordinary purposes, have relied upon it as an evidence of the pre-
sence of arsenic. I think a well-defined smell would be the best single evi-
dence of the presence of arsenic. Recent authorities hold the same doctrine
as respects ordinary chemical pursuits.
Cross-examined. — The smell of arsenic resembles nothing so much as that
of phosphorus acid. Garlic has not a smell like it. Zinc has a smell some-
thing similar, but not so near as phosphorus. Antimony has not a similar
smell, except there be arsenic mingled with it, which is often the case, these
metals being often found together in their native state. I think onions, after
a chemical analysis, would not give out such a smell. I do not remember
any authority who says it does. I have been taught chemistry. I am a prac-
tical chemist.
Br, Coates. — I have opened a number of bodies, after death by cholera
morbus, tv/o of which were adults. In both these cases the stomach was
full and distended.
James B. Wood, sworn. — I reside at No. 24, Bank-street, Philadelphia. I
keep a hotel. Last July Mina called, and asked if I wanted to buy a
dearborn wagon and horse. — I said, no. He asked if 1 could sell them — I
said yes. He said a nobleman had left him some old-fashioned things, and
he wanted to sell. He sent up in the afternoon. I tried to sell, but couldn't.
Told him so. I said I would make an offer of forty dollars, and if he could
do belter he might. I went out of town, and left the money. When I came
home my young man gave me the receipt. Receipt dated I8th of .Tuly, 1831.
Mr. M^'Ilvaine, sworn. — I told Blayney I thought he had forgotten I had
spoken to him of the poison. On Sunday, 27th August, I made the first
inquiries in regard to the case at Andalusia, with Blayney and Reeside. I saw
a neighbour, and conversed with him (Blayney and Reeside in the carriage)
about the soup and chicken. We then went to Bristol to see Dr. Phillips,
406 LINO AMALIO ESPOS Y MINA,
and on tne way had a free conversation of the whole subject ; and, I believe, I
concealed nothing. On the 15th of September, I went to New York, and
Blayney went. On landing, we met the police clerk of Boston, and I think
I told him the whole history of the soup. I further believe, I detailed in my
letter to the mayor of Boston all the particulars I had. This was before
Blayney's going for Mina. On the 17th of September, I first saw Mr. Ross
on the subject. Mr. Blayney left for Boston at the first summoning of the
coroner's jury, on the 21st September. It was about the yth September I
wrote to Boston.
By the Court. — The custom is, the police officer investigates the truth of
the facts told to the officer ; if any be false, the officer is released from his
pledge of secrecy.
By Mr. Bush. — The cases I know of are, where questions were asked by
defendant's counsel, and objected to on ground of policy by the common-
wealth. The first publication was on the Itith of September, in a New York
paper, and on the 17ih in National Gazette. Mr. Chapman's name was not
mentioned. I think he was arrested on the Pth of Sejitember in Boston. I
must have written about the 4th or 5th. Nothing was said of the soup in the
publication.
Br. Mitchell, sworn. — On the 22d September, 1831, 1 received the stomach
of William Chapman, and opened it in the presence of Dr. Hopkinson and
Mr. Clemson. The stomach was of a brownish red colour, and was covered
with a viscid mucus, but contained no other matter. The mucus was re-
moved with a bone spoon, and then the stomach exhibited darker spots near
the upper orifice, and irregular patches in other places. The scraping sepa-
rated the mucous lining in parts where it seemed to have been detached by
thin plates of extravasated blood. I'he intestine was apparently sound. No
solid particles of arsenic were found in any part, either by the eye or the
finger.
The mucus treated with water, and examined by the usual liquid tests, did
not give decidedly characteristic precipitate. 'I'he suljihate of copper afforded
a dirty green, the nitrate of silver a brownish yellow, the sulphuretted hydro-
gen caused, after the application of heat, a yellow deposit, which could not
be got off from the filter by mechanical means. The whole of it, therefore,
was thrown into nitric acid, in which were also dissolved the stomach and
intestine. That was treated so as to produce, if possible, arseniate of lime, and
that was manipulated with charcoal and heat, to obtain the metal of arsenic
by sublimation. In a glass tube, sealed at one end, appeared a shining black
ring, and on the accidental fracture of the glass, a decided odour of arsenic
was ])erceived. In two other tubes, containing less of the material, the same
odour was perceived. As no steel-coloured crust appeared, and as medico-
legal authors generally condemn a dependence on the smell, and take no
notice of a black ring, or ascribe it to charcoal, I considered the experiment
as fruitless. The tubes were subsequently heated several times, to test the
odour for different persons, and finally thrown on the table as useless. Mr.
Clemson afterwards made soiue further examination of one of them, but I ('id
not follow the process.
Since the trial of Mrs. Chapman, I have examined the subject of arsenic
with a greater degree of attention. I put a grain of the white oxide of arsenic,
combined with potash, into a stoinach and portion of intestine obtained from
the alms-house, and left it in two montlis, or more, perhaps. The stomach
did not putrefy in that time, became much drier, and gave out an odour
exactly like that of the stomach of Mr. Chapman ; and this fact I tested by
questioning others. Since the trial of Mrs. ('hapman I have endeavoured to
recover that arsenic by chemical process, and found that the liquid tests gave
the same unsatisfactory appearances, but the metal was reduced so as to
form characteristic rings in eight very small tubes. I do not consider my
analysis of Mr. Chapman's stomach a perfect one ; because it was my first
•*'^*.
FOR POISONING. 407
attempt of tlie kind ; for, although 1 lecture on medical chemistry, the pro-
fessor of medical jurisprudence in the same school has charge of that particu-
lar department. The process was not well calculated to detect minute por-
tions of arsenic ; although a very good one for a larger quantity. It was
also unsatisfactory fromthe state of knowledge at that time respecting the
nature of the black shining ring, which I have since ascertained not to be
formed of charcoal, and know of only two substances which will produce it,
and both of them are poisonous, viz : suboxide of arsenic, and cinnabar, or
sulphuret of mercury. When neither of these is present in the tube, a shining
black ring is never thrown up, as far as I can ascertain by experiment. It
was also unsatisfactory because the crust of metallic arsenic is considered by
the highest and nearly all authority, to be essential to the detection of arsenic.
I now consider that among the worst tests, since it is imitated exactly by
another substance, not known to do so at the first examination. Sublimed
cinnabar, to tJie eye, imitates arsenic closely. Considering then the whole
process a failure, all the sublimable matter in the tubes was dissipated by
the trials for the smell. The analysis of the alms-house stomach was made
with more matured care, and by a different process. I subsequently endea-
voured to learn the value of the arsenical odour as a test. With similar
tubes, and at the same lamp, I endeavoured to produce that odour by means
of those substances which, in that respect, are said to resemble arsenic; but
was not able to produce that odour by any of them.
Mr. Clemson being absent during these experiments, on his return I went
over them again, concealing from him the contents of the tubes. I presented
them to him separately, and did not produce an odour which he took
for arsenic in any case where that body was not present. I presented
one containing arsenic, and he was not deceived in that tube. From the
symptoms given, post mortem examinations, and analysis, my opinion is,
that Mr. Chapman died from the presence of arsenic in the stomach. This
opinion is given on the combination of circumstances, the whole series, and
not exclusively upon any part of it. I believe the symptom of " burning
pain" nvi^ht exist in cholera morbus, because it proceeds from inflammation.
The stiffness of the body immediately after death is not a common appear-
ance, and is a characteristic of death by arsenic. This is an opinion formed
from several writers.
Mr. Hush. — As I did not make notes, I do not certainly recollect where I
found that opinion. It is, I believe, in Christison, Orfila, Jaeger, &c. I did
not form the opinion as to the death by arsenic, until I heard the testimony
in Mrs. Chapman's case. I think the chemical proof is not quite conclusive,
and could not ulune settle this case. I think better of it than I did originally.
The first test was sulph. copper; it threw down a dirty green, not such
as arsenic would have produced in clear water ; not characteristic of -arsenic.
The nit. silver did not act satisfactorily. Metallic arsenic was not obtained.
The shining black ring and the arsenical odour were produced. The arseni-
cal odour would, in chemical or scientific purposes, suffice to establish its
presence. I would not like to trust to that alone in judicial investigations.
When the experiments were closed with Mr. Chapman's stomach, I con-
sidered them as a failure, or not demonstrative of the existence of arsenic at
that time. It is from my subsequent experiments I have come to a firmer
opinion of its presence. There was no alkali used in the experiment with the
sulphuretted hydi-ogen. The quantity of arsenic recovered may be very small.
Christison, in a case of poison, obtained one-twentieth part of a grain ; but
from how much he could not know. In abstract experiments, not from the
body, Berzelius has, if I remember well, sublimed one hundred and
eightieth part of a grain, and says he thinks one three-hundredth would form
a visible crust. As to the tests, the quantity of it which they may detect in
unadulterated solutions, in clear water, is veri/ minute. There is no instance
recorded of a less quantity than thirty grains killing a full grown individual.
y-'
408 I^INO AMALIA ESPOS Y MINA,
I gave a dog: sixty grains; I believe since Mrs. Chapman's trial, but am not
sure. It did not kill him; he vomited. The dog vomits so easily, that he
threw it up probably immediately. The duodenum is the intestine next the
stomach. Authority is decidedly in favour of the fact, that other substances
produce an odour so like that of arsenic, that it may be mistaken, and that
it is not sufficient proof Chemistry is a progressive and changing science.
Mr. M^Bowell. — Christison is undoubtedly the best English authority on
poisons. Orfila the best French.
Mr. Reed. — There are nine hundred and sixty grains in two ounces. Many
cases where no arsenic was found after death, in cases where it caused it,
are recorded.
Mr. Boss. — The symptoms, ard other phenomena detailed, were, some of
them, such as arsenic might produce ; some such as it probably would pro-
duce ; and others such as perhaps nothing else could. Having endeavoured
to exclude all other testimony, I should on these alone have made up my
mind as to his death. I cannot feel certain that I am not influenced by the
other evidence in this case, but think that the train of symptoms, condition
of the dead body, and chemical investigations, combined, afford strong and
sufficient ground for the opinion given.
By the Court. — To my knowledge I have never been deceived by the odour
of arsenic. I think there could have been no substance in the matter exa-
mined that would have thrown out the smell of arsenic. From that exami-
nation and my subsequent ones, as a mineralogist and man of science, I have
no doubt of the presence of the odour of arsenic, and, of course, of arsenic.
As a chemist in ordinary investigations, I am warranted in relying on the
odour as a test of the presence of arsenic. Berzelius, in his work " On the
Blow-pipe," p. 122, says, "The odour of arsenic is so good a character that
it may even be detected by it in the small portion of smalt commonly used
to give a blue tinge to paper, by exposing the ashes of the paper to the re-
ducing flame." Ilenry Rose gives a similar opinion ; and Orfila (Toxicol,
torn. i. p. 368), in speaking of plants, observes, "That the parts perish as
the arsenic successively reaches them by absorption, which seems perfectly
well proved by the alliaceous odour which is manifested when we burn the
parts the farthest removed from those to which the deleterious substance has
been applied." A ring without the odour would not satisfy me, and of the
two, if I must judge by one, I should most depend on the odour, but only
then for ordinary purposes. I consider the black shining ring as additional
evidence ; it was distinguished from the ring of cinnabar by the absence of
the smell of sulphur. Alone, however, I could not confide in it, as it is a
new point, on which there is no good authority. Writers have ascribed it to
charcoal, but charcoal cannot produce it. Of the liquid tests sulphuretted
hydrogen afforded a characteristic precipitate, which might have been
sulphur, but was more probably a mixture of animal matter and a trace of
arsenic. As part of the series, it is of some import. As a chemist, and for
all ordinary purposes, I should not feel warranted in rejecting the train of
chemical evidence in favour of the presence of arsenic, but cannot entirely
divest myself of the influence which the weight of authority, and the impor-
tance of the consequences naturally exert. Without the odour, even a crust
would not have satisfied me. C!onfined to one single test, I would prefer the
odour. The black lustrous ring was additional evidence; for as it did not
give a sulphureous, but an arsenical smell, it could not be cinnabar. I should
not feel justified in rejecting the train of cliemical evidence.
•By Mr. Rush. — I speak as a chemist in his ordinary pursuits.
The testimony for the commonwealth being here closed, Mr. M'Dowell
briefly opened the cnse for the defendant. The only evidence adduced was,
the deposition of Dr. Bache (which will be found at page 374), and the ver-
dict of acquittal in the case of Mrs. Chapman
FOR POISONING. 409
Messrs. Reed, M'Dowell, Rush, and Ross addressed the jury in the order
in which they are named.
To show that a principal in the second degree may be convicted after^ the
acquittal of a principal in the first degree, the prosecution cited Foster's C. L.
350, 349. 1 East, P. C. 351. — 1 Sulkeld, 334. Also, to show what consti-
tutes a legal presence, I Hale, 437, 439, 534, 537. Knapp's Trial.
Judo-e Fox charged the jury on Friday afternoon; after which they were
placed in the custody of two constables, to be kept without meat, &c. until
they were agreed upon their verdict. In somewhat less than three hours,
(it being then about half-past nine o'clock in the evening), the jury returned
into court : —
Verdict. — Guilty of murder in the first degree, on the first and second
counts of the indictment, and not guilty on the third count.
The court directed the sherift" to take the prisoner back for the night.
On Saturday morning, the court having directed that he be brought up to
receive sentence, Mr. M'Dowell requested the court to allow the counsel
time to file reasons in arrest of judgment, if they should find it advisable to
do so ; and mentioned the time of four days, as the customary allowance.
The court acceded.
Tuesday morning. May 1.
Mr. Rush presented an application for a new trial, based upon the follow-
ing reasons, viz :
1. That there was error in the said court's not having rejected the testi-
mony of Willis H. Blayney, as to the alleged confessions of said defendant;
the said testimony having been obtained under promise, influence, and hope
of favour.
2. That there was error in the said court's having directed the jury to
judge whether the evidence of the confession aforesaid should operate against
said defendant; the said court being the exclusive judges of the competency
of said evidence.
3. That when said "Willis H. Blayney objected to giving the evidence
aforesaid, on the ground of his obligations of secrecy as a police officer of the
city of Philadelphia, there was error in the court's overruling the said ob-
jection.
4. That there was error in the court's refusing to allow the defendant's
counsel to argue the objection contained in the third reason aforesaid.
Previously to entering upon the argument, Mr. Rush asked if it would be
necessary that the prisoner should be present pending the discussion.
The court said, it had been settled that there was no such necessity, if the
counsel for the prisoner were willing to argue the motion in his absence.
This course was adopted by counsel, and Mr. Rush proceeded to argue the
several points made. The compact or promise of secrecy between Blayney
and the prisoner was insisted upon to be a promise of favour, inasmuch as it
amounted to an immunity from prosecution. There was no other inducement
for the prisoner to make the confession. It could not be said that the revela-
tion was voluntary. There was a fair approach made by each of them.
Mr. Rush quoted Isf Starkie, 48, 1st Phillips, 81, and 1st Chitfi/, C. L. 465,
to show that the established principle was, that any promise, even the slight-
est, of favour, invalidated a confession made in consequence of it, and that it
was not legal evidence. On the ground of public policy, also, the evidence
of Mr. Blayney ought to have been rejected. To this point was cited, \st
Starkie, 106. Case of United States vs. Craig, C. C. U. S. (MS. of Mr. Rush),
in which John M'Clean, high constable of Philadelphia, refused to answer a
question asked by defendant's counsel, which was objected to by the counsel
for the prosecution ; and was overruled by the court on the ground of public
policy. Also, Case of Commonwealth vs. Longhead, recently tried in Phila-
delphia, where the same principle was recognised. Mr. Rush argued, that
2 M 52
410 LINO AMALIO ESPOS Y MINA.
there could not be one law for the defendant, and another law for the com-
monwealth ; that if the doctrine was sustained for one party, it should be,
under similar circumstances, sustained for the other. In this case, Mr. Blay-
ney challenged his own evidence.
Mr. Rush having fully argued the several objections stated, the court de-
clined hearing Mr. Ross, for the commonwealth.
Judge Fux. — If we had any doubt, we would delay deciding this question;
but having none, we think it best to settle it at once.
As to the first reason, we have not changed our opinions since the trial.
We do not think that the statement or confession made by the prisoner to
Blayney, was obtained by any promise of favour whatever. We consider it
rather as having been obtruded upon him. It was, at most, a promise to keep
secret a confession which Mina wished to make, upon condition that his de-
claration, that he was neither a convict nor a pirate, should turn out to be
true. Mr. Blayney had cautioned Mina (who seemed disposed to talk to
everybody about his situation) before this, not to speak of his affairs to any,
and had several times repelled him when he wished to converse with him on
the subject.
As to the second reason. If the court had doubted whether the confession
were induced by a promise of favour or not, I do not think it would have been
error to let it go to the jury for them to decide that question. Such course
was taken bjr the Oyer and Terminer in Philadelphia county in the case of
the Commonwealth vs. Gif/iro Yard, charged with arson. There the court said,
that wherever it was doubtful whether the confession were obtained by the
promise of favour, or threat of punishment, it should be left as a question of
fact to the jury. But in the present case, the question made cannot arise,
because the court decided, directly, that the confession had not been induced
by any such promise, before they suffered it to go to the jury. It is true,
that after so deciding, and some time after the evidence had gone to the jury,
when the first counsel for the prisoner, in his summing up, was about to no-
tice this part of the case, the court told him he might address the jury upon
the question, whether the confession was obtained by a promise of favour or
not, as it was the intention of the court to leave that as a question of fact to
them, with instructions that if they believed it was so induced, to reject it.
This was done in tenderness to the prisoner, and in favour of life. The court
still think they were right to do so. The jury probably would have consi-
dered that question at any rate, but as it was mainly a question of fact, we
thought it best to let the counsel for the prisoner have an opportunity of being
heard by them upon it, and leave it fairly for their decision. Surely, in this
the prisoner has no cause of complaint. At the time, the counsel for the pri-
soner expressed their gratification, it having (to use their own expression)
" given the prisoner a fair chance."
As to the third reason. How far upon the application of the commonwealth,
the court, upon the ground of public policy, would suffer a police officer to
withhold information which a defendant might deem of ifnportance to him,
must depend upon the circumstances of each case as it arises, and be within
the sound discretion of the court. But there is no instance, that we can learn,
where the commonwealth has required her police officers to answer, that they
have been suffered to refuse. Here there was no ground for giving him any
such privilege; he broke no faith; he had already given the information in
writing to the mayor of Philadelphia, and to the deputy attorney-general
here; and on the trial, for the first time, refused to answer. We still think
we were right in compelling him to answer.
As to the fourth reason. After the court had decided that Mr. Blayney must
answer, and upon his refusal, declared their determination to bind him over
to the next sessions for so refusing, the defendant's counsel interposed, and
wished to argue the question of the expediency of punishing Mr. B/ai/nei/.
The court had decided that question. They had determined that the com-
JOHN HATFIELD. 411
monwealth was entitled to Mr. Blayney's evidence, and that he should give
it. I( Ae had asked to be heard, the court would have assigned a time to hear
him on his own case, but they would not have suspended the trial to hear
him. It was a question between the court and Mr. Blayney, with which the
prisoner had nothing to do. The court had already decided all in which the
prisoner could with any propriety take part, viz : that Mr. Blayney should
answer the questions put to him, or, if he refused, be bound over to the ses-
sions. We still think we were right, and therefore the motion for a new trial
is refused.
Mr. Ross moved that the prisoner now be brought up for sentence. He
was accordingly brought into court (about half-past eleven o'clock), and was
asked if he had any thing to say why sentence of death should not be passed
upon him.
Mr. M'Dowell then rose and said that the counsel had nothing further to
say, but that the prisoner himself had drawn up a paper, which they thought
it best to read in his own words. (The reporter made application to Messrs.
Rush and M'Dowell, to obtain a copy of that paper for insertion here, but
understood from them that it would most probably be laid before the gover-
nor, and they therefore thought the publication of it, at this time, would not be
proper. The following does not, however, substantially differ from it:) —
" Before the court shall proceed to pass upon me the sentence of the law,
I wish to say a few words to them. My name is Carolino. I was born on
the 20th of December, 1809, in the city of Trinidad, in the island of Cuba,
where my parents now reside. I was baptized in the Roman Catholic church,
and desire to die in its faith. I pray that a priest of that religion may be
sent to me, that I may prepare myself for death, by confession, and the blessed
absolution, and by partaking of the holy communion according to the rites
and ceremonies of that church.
" I have written to my father and brother, and expect they will come to
this country to see me ; and I have, in the island of Cuba, a daughter four
years old. It is necessary before I die that I should execute some legal pa-
pers, in order to secure some property to my daughter. I therefore pray the
court to grant me at least a few months of existence before I am ordered to
be executed."
The president judge said, "These matters will be laid before the governor,
who will no doubt grant the request which you make." He then (with a
difficulty of utterance which showed how largely he partook of the feeling
which seemed to pervade the multitude, and which was manifested by the
tears of many) proceeded to pass sentence.
"Lino Amalia Espos y Mina, the sentence which the law imposes upon
you is, that you be taken hence to the prison of Bucks county, from whence
you came, and from thence to the place of execution; and that you be there
hanged by the neck until you are dead. And may God have mercy upon
your soul."
JOHN HATFIELD,
FOR FORGERY, SEPTEMBER 3, 1803.
The Keswick Impostor was born in 1759, at Mortram, Cheshire, of low
descent, but possessed of much natural abilities. He quitted his family, and
was employed in the capacity of a rider to a linen-draper in the north of Eng-
land. In the course of this service, he became acquainted with a young wo-
man, the natural daughter of Lord Robert Manners, who intended to give her
one thousand pounds, provided she married with his approbation. He accord-
ingly paid his respects to the parent, who, conceiving the young man to be
412 JOHN HATFIELD,
what he represented himself, gave his consent at the first interview ; and,
the day after the marriage took place, presented the bridegroom with a draft
on his banker for £1500.
Shortly after the receipt of his lordship's bounty, Hatfield set off for Lon-
don, hired a small phaeton, was perpetually at the coffee-houses in Covent
garden, and described himself, to whatever company he chanced to meet, as
a near relation of the Rutland family. The marriage portion being exhausted,
he retreated from London, and was scarcely heard of until about the year
1782, when he again visited the metropolis, having left his wife, with three
daughters she had borne to him, to depend on the charity of her relations.
Happily she did not long survive
In the year 1784 or 1785, his grace theduke of Rutland was appointed lord-
lieutenant of Ireland, and, shortly after his arrival in Dublin, Hatfield made
his appearance in that city. He immediately, on his landing, engaged a
suite of apartments at a hotel in College-green, and represented himself as
nearly allied to the viceroy, but that he could not appear at the castle until
his horses, servants, and carriages were arrived, which he ordered, before
his leaving England, to be shipped at Liverpool. The easy and familiar man-
ner in which he addressed the master of the hotel perfectly satisfied him
that he had a man of consequence in his house, and matters were arranged
accordingly. This being adjusted, Hatlield soon found his way to Lucas's
coffee-house, a place which people of a certain rank generally frequent, and,
it being a new scene, the Yorkshire Park, the Rutland estate, and the connex-
ions with the Rutland family stood their ground very well for about a month.
In 1792 he went to Scarborough, introduced himself to the acquaintance of
several persons of distinction in that neighbourhood, and insinuated that he
was, by the interest of the duke of Rutland, soon to be one of the representa-
tives in parliament for tlie town of Scarborough. After several weeks' stay
at the principal inn at Scarborough, his imposture was detected by his ina-
bility to pay the bill. .Soon after his arrival in London he was arrested for
this debt, and thrown into prison. He had been eight years and a half in con-
finement, when a iMiss Nation, of Devonshire, to whom he had become known,
paid his debts, took him from prison, and gave him her hand in marriage.
Soon after he was liberated, he had the good fortune to prevail with some
higfhly respectable merchants in Devonshire to take him into partnership with
them, and with a clergyman to accept his drafts to a large amount. He made,
upon this foundation, a splendid appearance in London, and. before the gene-
ral election, even proceeded to a canvass in the borough of Queensborough.
Suspicions in the mean time arose in regard to his character and the slate of
his fortune. He retired from the indignation of his creditors, and was de-
clared a bankrupt, in order to bring his villanies to light. Thus having left
behind his second wife, and two infant children, at Tiverton, he visited other
places ; and at length, in July, 1802, arrived at the Queen's Head, in Kes-
wick, in a carriage, but without any servant, w"herehe assumed the name of
the Hunourahle Alexander Augustus Hope, brother of the earl of Hopetoun, and
member for Linlithgow.
Unfortunately he directed his steps to the once happy cottage of poor Mary,
the daughter of Mr. and Mrs. Robinson, an old couple, who kept a small pub-
lic house at the side of the beautiful lake of Buttermere, Cumberland, and
by industry gained a little property. She was the only daughter, and pro-
bably her name had never been known to the public, but for the account given
of her by the author of " A Fortnight's Ramble to the Lakes in Westmoreland,
Lancashire, and Cumberland." He now became acquainted with an Irish
gentleman, and member of the then Irish parliament, who had been resident
with his family some months at Keswick. With this gentleman, and under
his immediate protection, there was likewise a young lady of family and for-
tune, and of great personal attraction. One of the means which Hatfield used
to introduce himself to this respectable family was the following : — Under-
FOR FORGERY. 413
standing that the gentleman had been a military man, he took an army-list
from his pocket, and pointed to his assumed name, the honourable Alexander
Aug"ustus Hope, lieutenant-colonel of the 14th regiment of foot. This new
acquaintance daily gained strength ; and he shortly paid his addresses to the
daughter of the above gentleman, and obtained her consent. The wedding
clothes were bought; but, previousl}' to the wedding-day being fixed, she in-
sisted that the pretended colonel Hope should introduce the subject formally
to her friends. He now pretended to write letters, and, while waiting for the
answers, proposed to employ that time in atrip to lord Hopetoun's seat, &c.
From this time he played a double game : his visits to Keswick became
frequent, and his suit to the young lady assiduous and fervent. Still, however,
both at Keswick and Buttermere, he was somewhat shy of appearing in pub-
lic. He was sure to be engaged in a fishing expedition on the day on which
any company was expected at the public house at Buttermere ; and he never
attended the church at Keswick but once.
Finding his schemes baffled to obtain this young lady and her fortune, he
now applied himself wholly to gain possession of Mary Robinson. He made
the most minute inquiries among the neighbours into every circumstance re-
lating to her and her family, and at length the pretended colonel Hope, in
company with the clergyman, procured a license on the 1st of October, and
they were publicly married in the church of Lorton, on Saturday, the •2d of
October.
On the day previous to his marriage, he wrote to Mr. , informing him
that he was under the necessity of being absent for ten days on a journey into
Scotland, and sent him a draft for thirty pounds, drawn on Mr. Crump, of
Liverpool, desiring him to cash it, and pay some small debts in Keswick with
it, and send him over the balance, as he feared he might be short of cash on
the road. This Mr. immediately did, and sent him ten guineas in addi-
tion to the balance. On the Saturday, Wood, the landlord of the Queen's Head,
returned from Lorton with the public intelligence, that colonel Hope had mar-
ried the Beauty of Buttermere. As it was clear, whoever he was, that he had
acted unworthily and dishonourably, Mr. M 's suspicions were of course
awakened. He instantly remitted the draft to Mr. Crump, who immediately
accepted it. Mr. M , the friend of the young lady whom he first paid
his addresses to, wrote to the earl of Hopetoun. I3efore the answer arrived,
the pretended honourable returned with his wife to Buttermere. He went
only as far as Longtown, where he received two letters, seemed much trou-
bled that some friends whom he had expected had not arrived there, stayed
three days, and then told his wife that he would again go back to Buttermere.
From this time she was seized with fears and suspicions. They returned,
however, and their return was made known at Keswick. A Mr. Harding, a
Welsh judge, and a very singular man, passing through Keswick, heard of
this impostor, and sent his servant over to Buttermere with a note to the sup-
posed colonel Hope, who observed, " that it was a mistake, and that the note
was for a brotlier of his." However, he sent for four horses, and came over
to Keswick; drew another draft on Mr. Crump, for twenty pounds, which
the landlord at the Queen's Head had the courage to cash. Of this sum he
immediately sent the ten guineas to Mr. , who came and introduced
him to the judge, as his old friend colonel Hope. But he made a blank de-
nial that he had ever assumed the name. He had said his name was Hope,
but not that he was the honourable member for Linlithgow, &c. &c. ; and one
who had been his frequent companion, his intimate at Butterinere, gave evi-
dence to the same purpose.
In spite, however, of his impudent assertions, and those of his associate,
the evidence against him was decisive. A warrant was given by sir Frede-
rick Vane on the clear proof of his having forged and received several franks
as the member for Linlithgow, and he was committed to the care of a con-
stable. Having, however, found means to escape, he took refuge for a few
2m2
414 JOHN HATFIELD.
days on board a sloop ofT Ravinglass, and then went in the coach to Ulver-
stone, and was afterwards seen at the hotel in Chester.
He was traced to Bruelth, in Brecknockshire, and was at length appre-
hended about sixteen miles from Swansea, and committed to Brecon jail. He
was, however, conveyed up to town by one of the Bow-street officers, where
he was examined on his arrival before the magjistrates. The solicitor for his
bankruptcy attended to identify his person, and stated, that the commission
of bankruptcy was issued against Hatfield, in June, 1802; that he attended
the last meeting of the commissioners, but the prisoner did not appear, al-
though due notice of the bankruptcy had been given in the Gazette, and he
himself had given a personal notice to the prisoner's wife, at Wakefield, near
Tiverton, Devon. Mr. Parkyn, the solicitor to the post-office, produced a
warrant from sir Fletcher Vane, hart., a magistrate for the county of Cum-
berland, against the prisoner, by the name of the Hon. Alex. Augustus Hope,
charging him with felony, by pretending to be a member of parliament of the
united kingdom, and franking several letters by the Tiame of A. Hope, to
several persons, which were put into the post-office at Keswick, in Cumber-
land, in order to evade the duties of postage. Another charge for forgery,
and the charge of bigamy, were explained to him, but not entered into, as he
was committed for trial for these charges at the next assizes at Carlisle.
His trial came on August 15, 1803, at the assizes for Cumberland, before
the honourable Alexander Thompson, knight.
Mr. Scarlet having given an ample detail of the prisoner's guilt, now called
evidence in support of wliat he had advanced. Mr. Quick, who was clerk
in the house at Tiverton, where Hatfield was partner, swore to his hand-
writing.
The Rev. Mr. Nicholson swore to all the facts already stated, adding, that
when the prisoner was asked his name, he said, it was a comfortable one,
Hope. The other witnesses were Mr. Joseph Skelton, of Rockliffe, Cum-
berland ; Mr. George Wood, of Keswick, innkeeper; John Gregory Crump,
and colonel Parke, who was well acquainted with the real colonel Hope.
The evidence for the prosecution having closed, the prisoner then addressed
himself to the jury. He said he felt some degree of satisfaction in being able
to have his sufferings terminated, as they must of course be by their verdict.
For the space of nine months he had been dragged from prison to prison, and
torn from place to place, subject to all the misrepresentations of calumny.
" Whatever will be my fate," said he, "I am content; it is the award of
justice, impartially and virtuously administered. But I will solemnly de-
clare, that in all my transactions, I never intended to defraud or injure the
persons whose names have appeared in the prosecution. This I will main-
tain to the last of my life."
The jury consulted about ten minutes, and then returned a verdict — Guilty
of Forgeri/.
At eight o'clock the next morning, the court met again, when the prisoner
appeared at the bar to receive his sentence. A notion very generally pre-
vailed that he would not be brought to justice, and the arrival of the mail was
daily expected with tlie greatest impatience. No pardon arriving, September
3, 1803 (Saturday), was at last fixed upon for the execution. The gallows
was erected the preceding night between twelve and three, in an island formed
by the river Eden, on the north side of the town, between the two bridges.
From the hour when the jury found him guilty, he behaved with the utmost
serenity and cheerfulness.
As soon as the carriage-door was opened by the under-sheriff, the culprit
alighted with his two companions. A small dung-cart, boarded over, was
placed under the gibbet. A ladder was placed to this stage, which he in-
stantly ascended. He immediately untied his neck-handkerchief, and placed a
bandage over his eyes. Then he desired the hangman', wlio was extremely
awkward, to be as expert as possible about it, and that he would wave his
TRIAL BY COMBAT. ■'* 415
handkerchief when he was ready. Having taken his leave of the jailer and the
sheriff, he prepared himself for his fate. He was at this time heard to ex-
claim, " My spirit is strong-, though my body is weak."
Notwithstanding his various and complicated enormities, his untimely end
excited considerable commiseration. His manners were extremely polished
and insinuating, and he was possessed of qualities which might have ren-
dered him an ornament to society. The unfortunate Mary of Buttermere
went from home to avoid the impertinent visits of unfeeling curiosity. By
all accounts she was much affected ; and, indeed, without supposing that any
part of her former attachment remained, it is impossible that she could view
with indifference the tragical fate of one with whom she had been on such a
footing. When her father and mother heard that Hatfield had certainly been
hanged, they both exclaimed, " God be thanked."
TRIAL BY COMBAT,
BETWEEN HENRY PLANTAGENET, OR BOLINGBROKE, THEN DUKE OF HEREFORD,
AFTERWARDS OF LANCASTER, AND KING OF ENGLAND BY THE NAME OK HENRY
IV., AND THOMAS MOWBRAY, DUKE OF NORFOLK, EARL-MARSHAL OF ENGLAND,
IN THE YEAR 1397, AND 2IST OF RICHARD II.
The duke of Hereford one day, in familiar conversation with the duke of
Norfolk, complained that the king undervalued the princes of the blood, and
discountenanced the nobility from intermeddling with public affairs ; that in-
stead of these, he was led away by upstart favourites, who had neither abili-
ties for peace or war, but were generally hated and despised throughout the
kingdom; but the duke of Norfolk, who seemed at first to approve of what
the other said, misrepresented his words to tlie king, and named the quarrel
between them.
Other authors, however, relate, that in a parliament held at Shrewsbury,
the duke of Hereford accused the duke of Norfolk of certain words that
passed between them, as they rode between Brentford and London, which
tended to the king's dishonour, and he presented a petition to the king,
wherein he challenged the duke of Norfolk to single combat. The petition
was read in the king's presence before both the dukes ; upon which the duke
of Norfolk declared, "That whatever the other said to his dishonour was a
lie." Then the king asking the duke of Hereford what he had to say ; he
took his hood off his head, and replied, " My sovereign lord, I justify every
word contained in my petition, and declare, that Thomas Mowbray, duke of
Norfolk, is a traitor, false, and disloyal to your majesty, to your crown and
dignity, and all the states of your realm."
The duke of Norfolk being asked what he had to say, answered, " Right
dear sovereign, with your leave, and all due deference had to your majesty,
I say that your cousin, Henry of Lancaster, duke of Hereford, lies, like a
traitor as he is, in that he hath or shall say any thing dishonourable of me."
Then said the king, " No more, we have heard enough." He then com-
manded Thomas Holland, duke of Surrey, made marshal of England for the
occasion, to take both the dukes into custody. The duke of Lancaster, Here-
ford's father; the duke of York, his uncle; the duke of Aumale, his first
cousin, constable of England, and the duke of Surrey, were bound for him ;
but the duke of Norfolk was not suffered to give bail, and was conveyed a
prisoner to Windsor Castle.
A day was appointed, about six weeks after the dissolution of the parlia-
ment held at Shrewsbury, for the king to go to Windsor in order to determine
\
410 TRIAL BY COMBAT, * '
the difference between the two dukes who had challenged one another. A
scaffohl was erected within the castle for the king, and the nobility, and pre-
lates to sit on; and, having taken their places, the two dukes were brought
before the king, and sir John Bushy, in the king's name, declared to all
present, "That whereas the duke of Hereford had presented a petition to
the king, who was ready to ad aiinister justice to all persons that demanded
It; he, therefore, would now hear what both had to say;" but first he com-
manded the dukes of Aumale and Surrey to go to the appellant and defend-
ant, and to require them to accommodate matters; but both of them reso-
lutely answered, " // teas inipossible for them to be reconciled.'''' The king
then commanded that they should forthwith be brought into his presence.
The king himself, upon their appearing before him, exhorted them to be
reconciled, saying, "It would be their best way." Upon which the duke of
Norfolk, having made his obedience, said, "It could not be done, and his
honour saved." Then the king asked the duke of Hereford, " What it was
that he demanded of the duke of Norfolk, and what was the reason they
could not be reconciled V Ujion this a kniglit appeared, and having obtained
leave to speak for the duke of Hereford, said, " ]My sovereign lord, here is
Henry of Lancaster, duke of Hereford, and earl of Derby, who says, and I
also for him, that Thomas Mowbray, duke of Norfolk, is a false traitor to
your royal majesty, and the whole kingdom. Farther, the duke of Hereford
says, and I for him, that Thomas Mowbray, duke of Norfolk, has received
eight thousand nobles for the payment of the garrison of Calais, which he
has not done : again, that the said duke has been the cause of all the trea-
sons formed in your dominions these eighteen years, and that it was through
his false suggestions, and evil council, that your dear uncle, the duke of
Gloucester, was put to death and murdered. IMoreover, the duke of Here-
ford says, and I for him, that he will prove this with his body against the
body of the said duke of Norfolk within the lists." The king growing angry
hereupon, asked the duke of Hereford, whether those were his words ] to
which he answered, " My dear sovereign, they are ; and I demand justice
should be done me, and that I may engage him in combat."
Another knight, also, who obtained leave to speak for the duke of Norfolk,
said, " Most drea,d sovereign, here is Thomas, duke of Norfolk, who an-
swers, and I for him, that all that Henry of Lancaster has said and declared,
with all due deference to the king's majesty and his council, is a lie; and
the said Henry of Lancaster hath falsely and wickedly lied, like an unworthy
and disloyal knight, and both has been and is a traitor against your majesty,
your crown, and kingdom. This 1 will prove and defend as becomes a loyal
knight, with my body against his. I, therefore, beseech your majesty and
your council, that you would be pleased, in your royal wisdom, to consider
and observe what Henry of Lancaster, duke of Hereford, such an one as he
is, has said."
The king then asking the duke of Norfolk if these were his words, and
whether he had any more to say ? the duke answered, " Royal sir, I own I
have received such a sum in gold for the payment of the garrison of Calais,
which I have done, and do aver, that that town is as well provided pursuant
to your commands, as ever it has been, and that there never was any com-
plaint made from thence to your majesty by anybody against me. Most dread
sovereign, as to the voyage I made into France, about the business of your
marriage, I received of you no money at all, of any kind, nor for that made
by the duke of Aumale and myself into Germany. I must own that I once
lay in wait for the life of the duke of Lancaster, who sits there ; but that he
has forgiven me, and there is a good understanding between him and I, for
which I give him my hearty thanks. This is what I have to answer, being
ready to defend myself against my adversary; and, therefore, I beseech your
majesty that I may have a combat with him. and that righteous judgment be
given thereupon."
TRIAL BY COMBAT. ■ 417
, The king having for a short time advised vi^ith his council, the tvro dukes
were again commanded to appear, and his majesty having commanded them
once more to be asked, whether they would not agree and be friends, they
both absolutely refused it ; and the duke of Hereford at the same time throw-
ing down his gauntlet, the other took it up. •
The king being thus fully assured of their obstinacy, swore by St. John j
the Baptist, that he would no longer endeavour to reconcile them ; and, there- -^
fore, sir John Bushy, in the king and council's name, declared, that it was
their resolution and pleasure that they should have a day of battle appointed ♦
them at Coventry.
The appointed tinne being come, the king went to Coventry, vvhere the
two dukes were ready, according to the rules and orders prescribed. They
had, each of them, a splendid retinue of noblemen and gentlemen. The king
had ordered a statel}' theatre to be built, and royal lists erected. The duke
of Hereford, on the Sunday before they were to engage, went, after dinner,
to wait upon the king, who had taken up his lodgings in a tower belonging
to sir William Baget, about a quarter of a mile out of the town ; and the
duke of Norfolk, next morning about break of day, went also to court to take ^^
his leave of the king. The duke of Hereford armed himself in his tent, which • ' ' "^
was pitched near the lists ; and the duke of Norfolk put on his armour
between the gate and the barrier of the town, there being a fine thick wood
towards the gate. - t
The duke of Aumale, high-constable of England for the day, and duke of
Surrey, earl-marshal, placed themselves, well armed and appointed, between ^.
them ; and when their time arrived they entered the lists, with very great re- ' . ' •
tinues of servants, clad in rich liveries, every man having a tip-staff in his
hand to keep the field clear.
About the hour of prime, came Henry, duke of Hereford, to the barriers of
the lists, mounted on a white courser, with his caparison of blue and white '''^^
velvet, richly embroidered with swans and antelopes, and armed at all points. -s
The constable and marshal caiue to tlie barriers, and asking him who he
w-as, he answered, " 1 am Henry of Lancaster, duke of Hereford, and come
hither to do my endeavours against Thomas Mowbray, duke of Norfolk, so
as to prove him a traitor, false to God, the king, kingdom, and myself." i.>
Having thus spoke, he took his oath upon the holy evangelists, that his quar- • *
rel was just and true ; and, therefore, demanded liberty to enter the lists.
Upon which he put up his sword (which before he held drawn in his hand),
pulled down his beaver, and signing himself with the cross, took his spear in
his hand and passed the barriers, dismounted, and sat down in a green velvet
chair, placed on a cloth of green and blue velvet at one end of the lists.
Soon after king Richard himself entered the field with great splendour and
magnificence, being attended by most of the peers of the realm ; and, among
others, the count de St. Paul, who came from France on purpose. The king-
had a train of about ten thousand men, to keep the peace and prevent tu-
mults ; and when he had seated himself, a king of arms made a proclamation,
forbidding all persons, in the name of the king, the high-constable, and marshal,
to approach or touch any part of the lists, upon pain of death. The procla-
mation being over, another herald cried aloud, " Behold here Henry of Lan- • *
caster, duke of Hereford, who has entered the lists to do his duty against
Thomas Mowbray, duke of Norfolk, defendant, upon pain of being adjudged
a traitor and a coward."
On the other hand, the duke of Norfolk hovered on horseback before the
barriers of the lists ; the caparisons of his horse being of crimson velvet,
richly embroidered with silver lions and mulberry trees. He first took his
oath that his quarrel was just, before the constable and marshal, and then
entered the field crying aloud, " God assist the just cause !" and then alight-
ing from his horse, placed himself in a crimson velvet chair, at the other
end of the lists, opposite to his adversary.
53 •A^.
418 CAPTAIN JOHN GOW AND OTHERS,
This done, the marshal viewed their spears to see that they Avere of equai
length ; he delivered one spear himself to the duke of Hereford, and the other
he sent by a knight to the duke of Norfolk. Then proclamation was made
by a herald, that the floor-cloth and chairs of the combatants should be re-
moved, and commanded them, in the king's name, to mount, and prepare for
the encoimter.
The dukes soon mounted, and closing their beavers, cast their spears into
their wrests, and when the trumpet sounded, Hereford advanced some paces
with a great semblance of courage towards his enemy. The duke of Nor-
folk was just beginning to advance, when the king threw down his warder,
and the heralds cried " Ho ! ho !"
Then the king was pleased to command that their spears should be taken
from them, and that they should return to their respective chairs again.
There they remained two hours, while the king was deliberating with his
council what was most proper to be done to terminate this grand controversy
without bloodshed. Having at length come to a final resolution, the herald
commanded silence, and sir John Bushy, the king's secretary, read the sen-
tence from a long roll of paper, to this effect : " That Henry, duke of Here-
ford, shall within fifteen days depart the kingdom, and not return before the
expiration of the term often years, and this upon pain of death, except the
king pleases to repeal the sentence. And that Thomas Mowbray, duke of
Norfolk, because he has sown sedition in the realm by his words, should
likewise depart the kingdom, and never return into England, nor come near
the confines thereof, upon pain of death ; and that the king should receive the
income of his estate, till such time as those sums of money, which he had
received for the payment of the garrison of Calais, were fully repaid and sa-
tisfied."
The sentence being read, the king commanded both the parties to come
before him, and make oath that they would never, willingly, come into each
other's company, or hold any correspondence whatever. It was also decreed,
that no one thenceforward should presume to petition the king in behalf of
either of the parties.
The duke of Norfolk, in great discontent of mind, departed for Germany,
and thence he travelled to Venice where he died soo i after.
The duke of Hereford took his leave of the king at Eltham, where he com-
muted four years of his banishment. In going thence, the people in all
places flocked to see the duke, and bewail his misfortunes and their own, as
they looked upon him as the bulwark of the country.
In three years he took advantage of the king's absence in Ireland, to re-
turn, when a general insurrection taking place in his favour, the king was
obliged 10 abdicate, and he succeeded to the throne, under the title of Henry
IV. to the exclusion of the children of the duke of York, the next in here-
ditary succession, and hence the subsequent civil wars.
CAPTAIN JOHN GOW AND OTHERS,
FOR PIRACY.
John Gow, whose assumed name was captain Smith, was a native of one
of the Orkney islands in the north of Scotland, and, having been instructed
in maritime affairs, became so expert, that he was soon appointed mate of a
ship, in which he sailed on a voyage to Santa Cruz. When the vessel was
ready to weigh anchor from this place, the merchants who had shipped goods
on board her, came to pay a parting visit to the captain, and to give him their
FOR PIRACY.
419
final instructions. On this occasion, the captain, agreeably to custom, enter-
tained his company under an awning on the quarter-declc; and, while ihey
were regaling, some of the sailors preferred a complaint of ill-treatment they
pretended to have received, particularly with regard to short allowance. The
captain was irritated at so undeserved a charge, which seemed calculated to
prejudice him in the opinion of his employers; but conscious of the upright-
ness of his intentions, he did not reply in anger, but only said that " there
was a steward on board who had the care of the provisions, and that all rea-
sonable complaints should be redressed ;" on which the seamen retired with
apparent satisfaction.
- The wind being fair, the captain directed his men to weigh anchor as soon
as the merchants had quitted the vessel. It was observed that Paterson, one
of the complainants, was very dilatory in executing his orders, on which the
captain demanded, "why he did not exert himself to unfurl the sails;" to
which he made no direct answer, but was heard to mutter, " as we eat, so
shall we work:" the captain heard this, but took no notice of it, as he was
unwilling to proceed to extremities. The ship had no sooner sailed, than the
captain considered his situation as dangerous, on reflecting that his conduct
had been complained of, and his orders disobeyed : hereupon he consulted
the mate, and they agreed to deposit a number of small arms in the cabin, in
order to defend themselves in case of an attack. This precaution might have
been extremely salutary, but that they spoke so loud as to be overheard bj"-
two of the conspirators, who were on the quarter-deck: the captain likewise
directed the mate to order Gow, who w"as second mate and g'unner, to clean
the arms ; a circumstance that plainly insinuated to the latter, that the con-
spiracy was at least suspected. Those who had overheard the conversation
between the captain and mate, communicated the substance of it to Gow and
the other conspirators, who thereupon resolved to carry the plan into immedi-
ate execution.
Gow, who had previously intended to turn pirate, thought the present an
admirable opportunity, as there were several chests of money on board the
ship; he therefore proposed to his companions that they should immediately
embark in the enterprise; and they accordingly determined to murder the
captain, and seize the ship. Half the vessel's company were regularly called
to prayers in the great cabin, at eight o'clock in the evening, while the other
half were doing duty on deck; and, after service, those who had been in the
cabin went to rest in their hammocks.
The contrivance was to execute the plot at this juncture. Two of the con-
spirators only remained on duty; the rest being among those who retired to
their hammocks. Between nine and ten at night, a kind of watch-word was
given, which was, " Who fires first?" On this, some of the conspirators left
their hammocks, and going to the cabins of the surgeon, chief mate, and su-
percargo, they cut their throats while they were sleeping. The surgeon find-
ing himself violently wounded, quitted his bed, and soon afterwards dropped
on the floor, and expired : the mate and supercargo held their hands to their
throats, and, going on the quarter-deck, solicited a momentary respite, to re-
commend their souls to heaven ; but even this favour was denied, for the vil-
lains, who found their knives had failed to destroy them, despatched them
with pistols. The captain, hearing a noise, demanded the occasion of it. The
boatswain replied that he did not know; but he was apprehensive that some
of the men had either fallen or been thrown overboard. The captain now
went to look over the ship's side, on which two of the murderers followed,
and tried to throw him into the sea; but he disengaged himself, and turned
about to take a view of them, when one of them cut his throat, but not effectu-
ally ; he loudly solicited mercy, but, instead of granting it, the other stabbed
him in the back with a dagger, and would have repeated his blow, had he not
struck with such force, that he could not draw back the weapon. At this in-
stant, Gow, who had been assisting in the murders between the decks, came
*^
420 CAPTAIN JOHN GOW AND OTHERS,
on the quarter-deck, and fired a brace of balls into the captain's bod}', which
pat a period to his life.
As soon as the dead bodies were thrown overboard, Gow was unanimously
appointed to the command of the ship. Those of the sailors who had not
been engaged in the conspiracy, secreted themselves ; some in the shrouds,
others under the stores, in dreadful apprehension of sharing the fate of the
captain and their murdered companions. Gow, having assembled his asso-
ciates on the quarter-deck, appointed them their ditferent stations on board,
and it was agreed to commence cruising. The new captain now directed that
the men who had concealed themselves should be informed that no danger
would happen to them, if they did not interfere to oppose the new government
of the ship, but kept such stations as were assigned them. The men, whose
terrors had taught them to expect immediate death, were glad to comply with
these terms; but the pirates, to enforce obedience to their orders, appointed
two men to attend with drawn cutlasses, to terrify the others into submission.
Gow and bis companions now divided the most valuable effects in the
cabin ; and then ordering liquor to be brought on the quarter-deck, they con-
sumed the night in drinking, while those unconnected with the conspiracy
had the care of working the ship. The crew originally consisted of twenty-
four men ; of whom four had been murdered, eight were conspirators, and
before morning, four of the other men had approved of the proceedings of the
pirates, so that there were only eight remaining in opposition to the newly
usurped authority. On the following day, the new captain summoned these
eight men to attend him; and, telling them he was determined to go on a
cruising voyage, said, "that they should be well treated if they were dis-
posed to act in concert with the rest of the crew." He said, " tliat every man
should fare in the same manner; and that good order and discipline were all
that would be required." He said further, "that the captain's inhumanity
'vte ^^^ produced the consequences which had happened ; that those who had not
•7r- I'een concerned in the conspiracy, had not reason to fear any ill consequences
♦'' from it; that they had only to discharge their duty as seamen, and every man
should be rewarded according to his merit." To this address, these unfortu-
nate honest men made no kind of reply ; and Gow interpreted their silence
into an assent to measures which it was not in their power to oppose.
After this declaration of the will of the new captain, they were permitted
to range the ship at their pleasure; but, as some of them appeared to act
very reluctantly, a strict eye was kept on their conduct. \Villiams, who
acted as lieutenant of the vessel, and who was distinguished for his fero-
cious conduct, had an opportunity of exerting his cruelty, by beating these
unhappy sailors ; a privilege he did not fail to exert with great severity.
The ship, thus seized, had been called the George galley, but the pirates
gave her the name of the Revenge ; and, having mounted several guns, they
\. steered towards Spain and Portugal, in expectation of making a capture of
wine, of which article they were greatly in want. They soon made prize of
an English vessel, laden with fish, bound from Newfoundland to Cadiz; but
having no use for the cargo, they took out the captain, and four men who
navigated the ship, which they sunk. One of the seamen whom they took
out of the captured vessel, named John Belvin, proposed to Gow to enter into
all his schemes. The next vessel taken by the pirates was a Scotch ship,
bound to Italy, with pickled herrings ; but this cargo, like the former, being
of no use to them, they sunk the vessel, having first taken out the men, arms,
ammunition, and stores.
When they had cruised off for some days, they found themselves in such
distress, that it became necessary to seek immediate relief; on which they
sailed to Porta Santa, a Portuguese settlement, at the distance of about ten
leagues. On their arrival at this place, they sent their boat on shore, with a
present of salmon and herrings for the governor, and the name of a port to
which they pretended to be bound. The per^ions sent on shore were civilly
Y
%
FOR PIRACY. 421
treated by the governor, who accompanied some of his friends on board the
ship. Gow and his associates received the governor very politely, and en-
tertained him and his company in the most hospitable manner ; but the boats
belonging to the pirates not coming on board with provisions as they had ex-
pected, and the governor and his attendants preparing to depart, Gow and his
people threatened to take away their lives, unless they instantly furnished
them with what they required. The Portuguese governor and his friends
dreaded instant death, and solicited that their lives might be spared : Gow
being peremptory in his demands, the governor sent a boat repeatedly on
shore, till the pirates were furnished with such articles as they wanted. The
Portuguese were now permitted to depart ; and the pirates determined to steer
towards the coast of Spain, where they soon arrived. After cruising a few
days off Cape St. Vincent, they fell in with an English vessel, bound from
the coast of Guinea to America, with slaves, but which had been obliged to
put into the port of Lisbon : though it was of no use to them to capture such
a vessel, they took it, and putting on board the captain and men they had
heretofore taken, and taking out all the provisions and some of the sails, they
left the ship to proceed on her voyage. Falling in with a French ship, laden
with wine, oil, and fruit, they took out the lading, and gave the vessel to the
Scotch captain, in return for the ship which they had sunk. The Scotchman
was likewise presented with some valuable articles, and permitted to take his
men to sail with him ; all of whom joined him, except one, who continued
with the pirates through choice.
The day previous to this affair, they observed a French ship bearing down
towards them; on which Gow ordered his people to lay-to; but, observing
that the vessel mounted two-and-thirty guns, and seemed proportionally full
of men, he assembled his people, and observed to them, that it would be
madness in them to think of engaging so superior a force. The crew in
general were of Gow's opinion ; but Williams, the lieutenant, said that Gow
was a coward, and unworthy to command the vessel. The fact was, that
Gow possessed some share of calm courage ; while Williams's impetuosity
was of the most brutal kind : the latter, after behaving in the most abusive
manner, demanded that the former should give orders for fighting the vessel;
but Gow refusing to comply, the other presented a pistol to shoot him, which
only flashed in the pan. This being observed by two of the pirates, named
Winter and Paterson, they both fired at Williams, when one of them wound-
ed him in the arm, and the other in the belly. He dropped as soon as the
pieces were discharged ; and the other seamen, thinking he was dead, were
about to throw him overboard, when he suddenly sprang on his feet, jumped
into the hold, and swore he would set fire to the powder-room ; and, as his
pistol was yet loaded, there was every reason to think he would actually
have done so, had he not been instantly seized, and his hands chained behind
him ; in which condition he was put among the French prisoners, who were
terrified at the sight of him ; it having been a common practice with him to
flog the poor prisoners, by way of entertainment.
At length they determined to put Williams on board a captured ship ; the
commander of which was desired to turn him over to the first English man-
of-war he should meet with, that he might experience the justice due to his
crimes; and in the mean time to keep him in the strictest confinement. On
the departure of this ship, Gow and his crew began to reflect on their situa-
tion. They were apprehensive, that as soon as intelligence of their proceed-
ing reached Portugal, some ships would be sent in pursuit of them.
After much deliberation, they steered northward, and entering a bay of one
of the Orkney Islands, Gow assembled his crew, in order to instruct them to
say, that they were bound from Cadiz to Stockholm; but contrary winds
driving them past the Sound, till it was filled with ice, they were under the
necessity of putting in to clean their ship, and that they would pay ready
money for such articles as they stood in need of. It happened that a smug-
422 CAPTAIN JOHN GOW AND OTHERS,
gling vessel lay at this time in the bay, which belonged to the Isle of Man,
and being laden with brandy and wine from France, had come north about,
to steer clear of the custom-house cutters. In their present situation, Gow
thought it prudent to exchange goods with the commander of the vessel ;
though, in any other, he would hardly have been so ceremonious. A Swe-
dish vessel entering the bay two days afterwards, Gow likewise exchanged
some goods with the captain.
When the boat went ashore one evening, a young fellow, who had been
compelled to take part with the pirates, got away from the rest of the boat's
crew, and, after lying concealed some time at a farm-house, hired a person
to show him the road to Kirkwall, the principal place on the islands, and
about twelve miles distant from the bay where the ship lay at anchor. Here
he applied to a magistrate ; said he had been forced into the service, and
begged that he might be entitled to the protection of the law, as the fear of
death alone had induced him to be connected with the pirates. Having given
a full account of their irregular proceeding, the sheriff issued his precepts to
the constables and other peace officers, to call in the aid of the people, to
assist in bringing those villains to justice.
About this juncture, ten of Gow's sailors, who had likewise taken an in-
voluntary part wilh the pirates, seized the long-boat, and having made the
main land of Scotland, coasted the country till they arrived at Edinburgh,
where they were imprisoned on suspicion of being pirates. Notwithstand-
ing these alarming circumstances, Gow was so careless of his own safety,
that he did not put immediately to sea, but resolved to plunder the houses of
the gentlemen on the coast, to furnish himself with fresh provisions.
In pursuance of this resolution, he sent his boatswain and ten armed men
to the house of Mr. Honeyman, high sheriff of the county ; and the master
being absent, the servants opened the door, without suspicion : nine of the
gang went into the house to search for treasure, while the tenth was left to
guard the door. Mrs. Honeyman running to the door, saw the man who stood
guard there, of whom she asked the meaning of the outrage ; to which he
calmly replied, that they were pirates, and had come thither only to ransack
the house; recollecting that she had a considerable quantity of gold in a
bag, she returned and put it in her lap, and ran by the man at the door, who
had no idea but that she ran to preserve her life. The boatswain, not finding
money, dccldred that he would destroy the family writings, if cash was not
produced ; but this being overheard by Miss Honeyman, she threw tiie writ-
ings out of the window, and jumped out after them (it being a low house),
escaped unhurt, and carried them off. In the interim, the pirates seized the
linen, plate, and other valuable articles, and then walked in triumph to their
boat, compelling one of the servants to play before them on the bagpipes.
On the following day they weighed anchor ; but on the evening of the
same day, came again to anchor near another island. Here the boatswain and
some men were sent on shore in search of plunder, but did not succeed. They
then sailed to an island called Calf Sound, with an intention of robbing the house
of Mr. Fea, who had been an old school-fellow with Gow. His house was
situated near the sea-shore : he had servants at home when the pirates ap-
peared off the coast, but they were by no means equal to a contest with the
plunderers. Gow having incautiously cast his anchor too near the shore, so
that the wind could not bring him off, sent a boat with a letter to Mr. Fea,
requesting that he would lend him another boat, to assist him in heaving off
the ship, "by carrying out an anchor ; and assuring him that he would not do
the least injury to any individual. As Gow's messenger did not see Mr.
Fea's boat, the latter gave him an evasive answer; and on the approach of
night, ordered his servants to sink his own boat, and hide the sails and rig-
ging. While they were obeying this order, five of Gow's men came on
shore in the boat, and proceeded doubly armed towards Fea's house.
Mr. Fea represented how dangerous it would be for him to assist them, in
lending them the boat, on account of tlie reports circulated to their discredit ;
FOR PIRACY. 423
but he offered to entertain them at an adjacent alehouse, and they accepted
the invitation, as they observed he had no company. While they were drink-
ing, Mr. Fea ordered his servants to destroy their boat, and when they had
done so, to call him hastily out of company, and inform him of it. These
orders were exactly complied with ; and, when he left the pirates, he directed
six men, well armed, to station themselves behind a hedge, and if they ob-
served him come alone with the boatswain, instantly to seize him ; but if he
came with all the five desperadoes, he would walk forward, so as to give
them an opportunity of firing without wounding himself.
After giving these orders Fea returned to the company, whom he invited
to his house, on the promise of their behaving peaceably, and said he would
make them heartily welcome. They all expressed a readiness to attend him,
in the hope of getting the boat ; but he told them, he would rather have the boat-
swain's company only, and would afterwards send for his companions. This
being agreed to, the boatswain set forward with two braces of pistols ; and
walking with Mr. Fea, till they came to the hedge where his men were con-
cealed, he then seized him by the collar, while the others took him into cus-
tody, before he had time to make any defence. The boatswain called aloud
for his men ; but Mr. Fea forcing a handkerchief into his mouth, bound him
hand and foot, and then left one of his own people to guard him, while him-
self and the rest went back to the public house. There being two doors to
the house, they entered by each, and rushing in at once, they made prisoners
of the other four men, before they had time to take up their arms for defence.
The five pirates, being thus in custody, were sent to an adjacent village, and
separately confined ; in the interim, Mr. Fea sent messengers round the island,
to acquaint the inhabitants with what had been done ; desiring them to haul
their boats on the beach, that the pirates should not swim to and steal them ;
and requesting that no person would venture to row within reach of the
pirate's guns.
At length, by an equal exertion of courage and artifice, Mr. Fea captured
these dangerous men, twenty-eight in number, without a single man being
killed or wounded ; and only with the aid of a few countrymen. When the
prisoners were properly secured, Mr. Fea sent an express to Edinburgh, re-
questing that proper persons might be sent to conduct them to that city. As
soon as his express arrived, another was forwarded to London, to learn
the royal pleasure respecting the disposal of the pirates ; and the answer
brought was, that the lord chief-justice clerk should immediately send them
to London, in order to their being tried by a court of admiralty, to be held for
that purpose. When these orders reached Edinburgh, a guard of soldiers
marched to escort them to that city; and on their arrival, they were put on
board the Greyhound frigate, which immediately sailed for the Thames. A
commission was now made out for their trial ; and soon after their commit-
ment, they underwent separate examinations before the judges of the admi-
ralty court, in Doctor's Commons, when five of them were admitted evidences
against their accomplices.
Being removed from the Marshalsea to Newgate, their trials came on at
the Old Bailey. Gow at first refused to plead ; in consequence of which, he
was sentenced to be pressed to death in the usual manner. His reason for
this refusal was, that he had an estate which he wished might descend to a
relation, and which would have been the case had he died under the pressure;
but when the proper officers were about to inflict this punishment, he begged
to be taken again to the bar to plead, of which the judge being informed, hu-
manely granted his request ; consequently, he, and six others, were convicted,
and received sentence of death : but the rest were acquitted, as it appeared
they acted by compulsion.
They suffered at Execution-dock, August 11, 1729. Gow's friends, anx-
ious to put him out of pain, pulled bis legs so forcibly that the rope broke,
and he fell, on which he was again taken up to the gibbet, and when he wa«
lead, was hung in chains on the banks of the Thames.
424 W. BURKE AND H. M'DOUGAL,
WILLIAM BURKE AND HELEN M'DOUGAL,
FOR MURDER.
About twenty minutes before ten o'clock, the prisoners, Williann Burke
and Helen M'Dougal, were placed at the bar. The male prisoner, a native
of Ireland, was rather below the middle size, but stoutly made, and of a de-
termined, though not peculiarly sinister expression of countenance. He had
high cheek bones, gray eyes, sunk in the head, a short snubbish nose, a round
chin, hair and whiskers of a light sandy colour, and a complexion of nearly
the same hue. The female prisoner was of the middle size, but thin and
spare, though of large bone. Her features were long, and the upper half of
her face was out of proportion to the lower. She was miserably dressed, in
a small gray-coloured velvet bonnet, very much the worse for the wear, a
printed cotton shawl, and a cotton gown.
The judges present were, the right honourable the lord justice Clerk, and
lords Pitmilly, Meadowbank, and Mackenzie. The instance having been
called,
Mr. Patrick Robertson and Mr. Cockburn objected to the reading of the
indictment, because it was calculated to prejudice the prisoner. It contained
charges, they said, the reading of which could not fail to operate against the
prisoners and which made no legal part of the libel.
Lord Meadowbank. — I am against novelties ; I am against interfering with
the discretion of the court.
The indictment was then read as follows : — " William Burke and Helen
are in-
larine's,
baronet, his majesty's advocate for his majesty's interest; That albeit by the
laws of this and of every other well govern^d realm, murder is a crime of an
heinous nature and severely punishable ; yet true it is, and of verity, that you,
the said Wm. Burke and Helen INI'Dougal, are both and each, or one or other
of you, guilty of the said crime, actor or art and part : In so far as, on one or
other of the days between the 7th and 16th days of April, 1828, or on one or
other of the days of that month, or of March immediately preceding, or of May
immediately following, within the house in Gibb's Close, Canongate, Edin-
burgh, then and now or lately in the occupation of Constantino Burke, then and
now or lately scavenger in the employment of the Edinburgh police es-
tablishment, you the said William Burke did wickedly and feloniously place
or lay your body or person, or part thereof, over or upon the breast or person
and face of Mary Paterson or Mitchell, then or recently before that time, or
formerly residing, with Isabella Burnet, or Worthington, then and now or
lately residing in Leith-street, in or near Edinburgh, when she the said Mary
Paterson or Mitchell was lying in the said house, in a state of intoxication,
did, by the pressure thereof, and by covering her mouth and nose with your
body or person, and forcibly compressing her throat with your hands, and
forcibly keeping her down, notwithstanding her resistance, or in some other
way to the prosecutor unknown, preventing her from breathing, suffocate or
strangle her; and the said Mary Paterson or Mitchell was thus, by the said
means or part thereof, or by some other means or violence, the particulars of
■which are to the prosecutor unknown, wickedly bereaved of life by you the
said William Burke ; and this you did with the wicked aforethought intent
of disposing of, or selling the body of the said Mary Paterson or Mitchell,
when so murdered, to a physician or surgeon, or some person in the employ-
ment of a physician or surgeon, as a subject for dissection, or with some
other wicked and felonious intent to the prosecutor unknown. (2.) Further,
on one or other of the days, between the 5th and 2Gth days of October, 1828,
M'Dougal, both present prisoners in the Tolbooth of Edinburgh, you
dieted and accused, at the instance of Sir William Rae of St. Cathe
FOR MURDER. 425
or on one or other of the days of that month, or of September immediately
preceding, or of November immediately following, within the house situated
in Tanner's Close, Portsburgh, or Wester Portsburgh, in or near Edinburgh,
then and now or lately in the occupation of William Haire or Hare, then and
now or lately labourer, you the said William Burke did wickedly and feloni-
ously attack and assault James Wilson, commonly called or known by the
name of Daft Jamie, then or lately residing in the house of James Downie,
then and now or lately porter, and then and now or lately residing in Steven-
law's Close, High-street, Edinburgh, and did leap or throw yourself upon
him, when the said James Wilson was lying in the said house, and he
having sprung up, you did struggle with him, and did bring him to the ground,
and you did place or lay your body or person or part thereof over or upon the
person or body, and face of the said James Wilson, and did by the pressure
thereof, and by covering his mouth and nose with your person or body, and
forcibly keeping him down, and compressing his mouth, nose, and throat, not-
withstanding every resistance on his part, and thereby, or in some other man-
ner to the prosecutor unknown, preventing him from breathing, suffocate or
strangle him; and the said James Wilson was thus, by the said means, or
part of them, or by some other means or violence, the particulars of which
are to the prosecutor unknown, wickedly bereaved of life and murdered by
you the said W^illiam Burke ; and this you did with the wicked aforethought
and intent of disposing of or selling the body of the said James Wilson,
•when so murdered, to a physician or surgeon, or to some person in the em-
ployment of a physician or surgeon, as a subject for dissection, or with some
other wicked and felonious intent or purpose, to the prosecutor unknown.
(3.) Further, on Friday, the 31st day of October, 18:28, or on one or other of
the days of that month, or of September immediately preceding, or of No-
vember immediately following, within the house then or lately occupied by
you the said William Burke, situated in that street of Portsburgh, or Wester
Portsburgh, in or near Edinburgh, which runs from the Grassmarket of Edin-
burgh to Main Point, in or near Edinburgh, and on the north side of the said
street, and having an access thereto by a trance or passage entering from the
street last above libelled, and having also an entrance from a court or back
court on the north thereof, the name of which is to the prosecutor un-
known, you the said William Burke and Helen M'Dougal, did both and each,
or one or other of you, wickedly and feloniously place or lay your bodies or
persons, or part thereof, on the body or person or part thereof, of one or other
of you, over or upon the person or body and f\ice of Madgy or Margery, or
Mary M'Gonegal, or Duffie, or Campbell, or Docherty, then or lately residing
in the house of Roderick Stewart or Stuart, then and now or lately labourer,
and then and now or lately residing in the Pleasance, in or near Edinburgh ;
when she, the said Madgy or Margery, or Mary M'Gonegal, or Duffie, or
Campbell, or Docherty, was lying on the ground, and did, by the pressure
thereof, and by covering her mouth and the rest of her face with your bodies
or persons, or the body or person of one or other of you, and by grasping her
by the throat, and keeping her mouth and nostrils shut, with your hands;
and thereby, or in some other way to the prosecutor unknown, preventing
her from breathing, suffocate or strangle her; and the said Madgy or Mar-
gery, or Mary M'Gonegal, or Dufhe, or Campbell, or Docherty, was thus, by
the said means, or part thereof, or by some other means or violence, the par-
ticulars of which are to the prosecutor unknown, wickedly bereaved of life,
and murdered by you the said William Burke, and you the said Helen
M'Dougal, or one or other of you ; and thus you, both and each, or one or
other of you, did, with the wicked aforethought and intent of disposing of or
selling the body of the said Madgy, or Margery, or Mary M'Gonegal, or
Duffie, or Campbell, or Docherty, when so murdered, to a physician or sur-
geon, or to some person in the employment of a physician or surgeon, as a
subject for dissection, or with some other wicked and felonious intent or
2 N 2 54
426 W. BURKE AND H. M'DOUGAL,
purpose to the prosecutor unknown : And you, the said William Burke, hav-
ing been taken before George Tait, Esq. sheriff' substitute of the shire of
Edinburgh, you did in his presence, at Edinburgh, emit and subscribe five
several declarations of the dates respectively following, viz : — The 3d, 10th,
19th, and 29th days of November, and 4th day of December, 1828. And
you, the said Helen M'Dougal, having been taken before the said sheriff sub-
stitute, you did in his presence, at Edinburgh, emit two several declarations,
one upon the 3d and another upon the 10th days of November, 1828, which
declarations were each of them respectively subscribed in your presence by
the said sheriff substitute, you having declared you could not write : which
declarations being to be used in evidence against each of you by whom the
same were respectively emitted ; as also the skirt of a gown ; as also a petti-
coat ; as also a brass snuff-box, and a snuff-spoon, a black coat, a black
waistcoat, a pair of moleskin trowsers, and a cotton handkerchief or neck-
cloth, to all of which sealed labels are now attached, being to be used in evi-
dence against you, the said William Burke ; as also a coarse linen sheet, a
coarse pillow-case, a dark printed cotton gown, a red striped cotton bed-gown,
to which a sealed label is now attached; as also a wooden box; as also a
plan entitled, ' plan of houses in Wester Portsburgh and places adjacent,'
and bearing to be dated Edinburgh, 20th of November, 1828, and to be signed
by James Braidwood, 22, Society, being all to be used in evidence against
both and each of you, the said William Burke and Helen M'Dougal, at your
trial, will for that purpose be in due time lodged in the hands of the clerk of
the high court of justiciary, before which you are about to be tried, that you
may have an opportunity of seeing the same. All which, or part thereof,
being found proven by the verdict of an assize, or admitted by the respect-
ive judicial confessions of you, the said William Burke and Helen M'Dougal,
&c. you ought to be punished with the pains of law, to deter others from
committing the like crimes in all time coming."
Dtun of Faculty. — We have given in separate defences, which may now
be read, beginning with the defences for the male prisoner.
The defences for Burke were then read as follows : —
The panel submits, that he is not bound to plead to, or to be tried upon, a
libel, which not only charges him with three unconnected murders, commit-
ted each at a different time, and at a different place, but also combines bis
trial with that of another panel, who is not even alleged to have had any
concern with two of the offences of which he is accused. Such an accumu-
lation of offences and panels is contrary to the general and the better prac-
tice of the court ; it is inconsistent with the right principle, and, indeed, so
far as the panel can discover, is altogether unprecedented ; it is totally un-
necessary for the ends of public justice, and greatly distracts and prejudices
the accused in their defence. It is therefore submitted that the libel is com-
pletely vitiated by this accumulation, and cannot be maintained as containing
a proper criminal charge. On the merits of the case, the panel has only to
state that he is not guilty, and that he rests his defence on a denial of the
facts set forth in the libel.
The defences for Helen M'Dougal were next read as follows : —
If it shall be decided that the prisoner is obliged to answer to this indict-
ment at all, her answer to it is, that she is not guilty, and that the prosecutor
cannot prove the facts on which his charge rests. But she humbly submits
that she is not bound to plead to it. She is accused of one murder commit-
ted in October, 1828, in a house in Portsburgh, and of no other offence. Yet
she is placed in an indictment along with a different person, who is accused
of other two murders, each of them committed at a different time, and at a
different place, it not being alleged that she had any connexion with either
of these crimes. This accumulation of panels and of offences is not neces-
sary for public justice, and exposes the accused to intolerable prejudice, and
is not waiTanted, so far as can be ascertained, even by a single precedent.
FOR MURDER. 427
Their lordships then delivered their opinions consecutively ; the substance
of which was, that, upon the principle, they repelled the objections and sus-
tained the charges as laid, but, in respect of the statement made on the part
of prisoners, that putting them upon their trials on all the three charges at
once would prejudice their defence, the court, in the exercise of the discre-
tion which had been appealed to, ordained the public prosecutor to go to trial
upon the charges seriatim, and to make his election as to which of the three
he was to commence with.
The lord advocate had previously intimated an intention to desert the diet,
pro loco et tempore, against Helen M'Dougal ; but, on this decision of the
court being announced, he stated his determination to proceed with the last
charge in the indictment, namely, that for the murder of the woman Camp-
bell, or Duffie, or Docherty, which applied equally to both prisoners; and
the trial on this charge proceeded accordingly.
The lord justice clerk now asked the prisoners, if they were guilty or not
guilty of the third charge l — when they both answered " not guilty."
The jury were then chosen.
The first witness called was Mr, Braidwood, of the fire establishment,
who identified a plan drawn by him of some houses in West Port, the
residence of Burke, and scene of the alleged murder.
Mary Stewart remembered a young man of the name of Michael Camp-
bell coming to her house some time after the harvest — it was before Mar-
tinmas. He remained there about two months, and left the ho\ise on the
Monday before the fast-day. She was lying in the infirmary at this time,
but, on returning home, she found a woman in her house, who, Campbell
said, was his mother. She said she had come in search of her son, giving
her name Madgy or Margery Campbell, and stated that the name of her
former husband was Duffie; she said she came from Glasgow. The wo-
man left the house on the morning of Friday, the Slst of October. It was
Hallowe'en ; she said, when she went out, that she was going to see after
her son, who had left the house some time before. One Charles M'Lauchlin
and Mrs. Campbell went out together; and she never saw her again, until
she saw her body in the police office on the Sabbath following. The wo-
man left the house dressed in a black bombazet petticoat, an old much-
patched striped gown next her waistcoat, and dark printed gown wilh short
sleeves, open before, and in some places sewed with white thread. The
witness identified the rags which the poor woman had worn when she left
witness's house.
By the Court. — Witness supposed Mrs. Campbell to be between forty
and fifty. She was a little, low, broad-set woman. She appeared in good
health when she left. Never saw her the worse for liquor.
Charles M'Lauchlin corroborated the former witness. The woman, repre-
sented as Campbell's mother, said, her maiden name was Margery M'Gone-
gal. She was called Campbell, after a first husband, and sometimes Duffie,
after a second. Witness parted with her at the foot of St. Mary's. Wynd.
Did not think that she had any money ; but never heard her complain of
want, nor did he know that she begged. Her son paid for her lodging.
He saw her dead body in the police office on the 2d of November.
William Noble, shopman with Mr. Rymer, Portsburgh, knew the prisoner
Burke ; had seen him come about the shop. A man of the name of Hare
also came about the shop. Recollected a little middle-aged woman com-
ing to the shop on Friday the Slst of October, about nine o'clock, asking
charity. Burke was in the shop at the time. Burke asked her name ; she
said it was Docherty, and he replied, that she was some relation of his
mother's ; but he did not say what his mother's name was. Did not re-
collect, if they appeared acquainted when they first met. Burke took the
woman away vnth him, saying he would give her breakfast ; saw Burke
again, in the forenoon, buying some groceries; and, on the Saturday, he
428 W. BURKE AND H. MDOUGAL,
came back between five and six in the evening, and purchased an old tea-
box. It was taken away to Mrs. Hare's, who came and got it away within
half an hour after it had been purchased by Burke.
Ann Black, or Connavvay, lived in Wester Portsburgh. Her house con-
sisted of one room. To enter her house you went down a few steps and
through a passage. The door to her house was the first you came to, and
a little farther in there was a door on the same side — but first there was
another passage, at the end of which there was another door leading to a
room — a room enclosed by two doors. Burke, the prisoner, occupied that
inner room in October. The other prisoner, M'Dougal, lived with Burke.
There was a house on the opposite side of the first ])assage, occupied by
a Mr. Law. Had seen Hare and his wife coming about Burke. During
that week of October, a man named Gray and his wife lived a few days
in Burke's house. On Friday, the 31st of October (Hallowe'en), about mid-
day, witness saw Burke pass along the passage, going inward, with a
woman following him. She was a stranger, whom witness had never be-
fore seen. Mrs. Law was sitting with witness. In the afternoon, about
three o'clock, witness went into Burke's house, and found the woman, whom
she had seen go in with Burke, sitting at the fire supping porridge and
milk. She had her head tied up in a handkerchief, and no gown ; they
said they had been washing. Was not sure of her having on any thing but
a shift and the handkerchief. Witness said to M'Dougal, "I see you have
got a stranger ;" and she replied, they had got a friend of her husband's, a
Highland woman. Had no further conversation at that time, and saw nothing
to induce her to suppose that the woman was drunk. Some time after dark,
M'Dougal came and asked witness to take care of her door till she returned.
As there was no person in the house, witness's husband, who was sitting at
the fire, said he thought there was somebody gone into Burke's. She in con-
sequence took a light, and went in, when she saw no one there but the wo-
man, who came towards the door, being then the worse for drink. She said,
that she was going to St. Mary's Wynd to meet a boy who had promised to
bring her word from her son ; and asked the name of the land of houses,
that she might find her way back, for she had no money to pay for a bed.
W^itness told her not to go away, for she would not get her way back ; and
she did not go. She told witness that Burke, whose name she called Doch-
erty, had promised her a bed and her supper. She came into witness's house,
and had a good deal of conversation with witness's husband. She said, as
Docherty had promised her a bed and supper, she was to stay for a fortnight.
She was the worse for liquor; and insisted on calling Burke Docherty, for
she said that was the name he called himself to her. She remained in the
house for about an hour, and, while there, the prisoner (M'Dougal) and Mr.
and Mrs. Hare came in ; Mrs. Hare had a bottle, and Hare insisted on drink-
ing ; they all tasted, and witness's husband gave them a dram. The stran-
ger partook of it, and so did M'Dougal. They were merry. Hare, Camp-
bell, and M'Dougal were dancing. The woman was quite well ; she had
hurt her foot, but otherwise she was in good health. iMrs. Campbell re-
mained in the house a long time, refusing to go until Burke came home ; he
had been out the most of the night. Witness insisted on her going out, but
she would not, until Burke went in; and, on witness observing Bnrke pass-
ing to his house, between ten and eleven, she informed Mrs. Campbell, who
rose and followed him into his house. Witness did not sleep, in consequence
of the disturbance in Burke's house, which commenced after Mrs. Campbell
went in. The disturbance was as if Burke and Hare were fighting. Wit-
ness got up between three and four, to make her husband's breakfast, but
went again to bed, and rose about eight o'clock. The first thing she then
heard was Hare calling for Mrs. Law, who did not answer him. A little
while after, a girl, whose name she understood to be Paterson, came and
asked for her husband ; it turned out that it was Burke she wanted. Witness
FOR MURDER. 429
directed the girl into Burke's. M'Dougal came into witness's house, and said
that William (Burke) wanted to speak to her. She went in accordingly, and
found there M'Dougal, Burke, Mrs. Law, and young Broggan. Burke had
a bottle of spirits in his hand. He filled out a glass and then dashed out the
spirits upon a bed. Witness asked him, why he wasted the spirits ; and he
replied, he wanted to get more. Witness asked M'Dougal, what had become
of the old woman ] and she replied, that Burke and she had been too friendly
together, and she had kicked her out of the house, asking, at the same time,
"did you hear if?" Burke asked, if the witness had heard the dispute be-
tween him and Hare 1 and she said no ; he added, it was only a fit of drink,
and they were friends enough now. They were all quiet before she got up
to make her husband's breakfast, and she heard no more till after eight
o'clock. Burke's wife sung a song, while witness was in the house. Ob-
served a bundle of straw at the bottom of the bed ; it had lain there most of
the summer. Witness left Burke's house a little after ten. Was there
again in the afternoon ; was asked in by Mrs. Gray. Burke, Broggan, and
M'Dougal were there. At a later hour, near eight o'clock, she went in again
with Gray's wife, to see what the latter had told her of; she saw nothing;
she was so frightened that she came out without seeing any thing; the straw
was turned. Did not see Burke till far on in the night, when it was reported
that he had murdered a woman. Witness's husband told Burke, that Gray
had seen a corpse in the house, and he had gone for the police; and Burke
said he would go and find him. Mrs. Burke laughed very loud, and he said,
he defied all Scotland, for he had done nothing he cared about. When he
went to the passage, the police apprehended him.
.Tanet Laurie, or Law, lived in October last in the same passage with the
panels and Connaway and his wife. Remembered being in Connaway's
house about two o'clock on the 31st of October; recollected seeing Burke in
the passage, and a little woman following him. They went into Burke's
house. Hare and his wife were in Burke's that evening betwixt six and
seven o'clock. The little woman was there likewise. W itness remained in.
Burke's house about twenty minutes ; she went to bed about half-past nine
o'clock, and during the night heard the noise of dancing and merriment, and
of people scuffling. The noise was great ; but she was not sensible of any
other one's voice but Burke's. This noise lasted for some time, and she fell
asleep. Li the morning Mrs. Burke came in for the loan of a pair of bel-
lows, and asked, if witness had heard Burke and Hare fighting. Witness
asked what she had done with the little woman during the fight; she an-
swered, that she had kicked the d — d b — h of h-11 to the door, because she
had been using too much freedom with William — meaning Burke. She went
away, and returned about nine, the conversation having taken place about
eight o'clock, Mrs. Burke asked witness to go into her house, which she
did, and found there Burke, Broggan, Hare, and M'Dougal, and, before she
left the house. Gray and his wife came in. Burke took a bottle which had
some spirits in it, and sprinkled the ceiling and about the bed, saying he did
so because none would drink it. At the foot of the bed there was a good
deal of straw lying ; it had lain there for some time. The circumstances of
which she spoke took place on Saturday morning, and Burke was taken into
custody that evening. Was shown a dead body next day (Sunday) in the
police ofliice. She recognised it as the body of the same woman she had
seen alive on Friday night.
Hugh Alston lived in the same house in which Burke lived. He was in
the flat above the shops, and Burke in that below them. Heard a noise on
the 31st of October about eleven o'clock, as he was going along the passage
that leads to his own house. His attention was attracted by the cries of a
woman, of "murder." Witness went down to the flat on which Burke's
house was, halting within a yard of Connaway's door, and then he listened.
Heard the noise of two men as if wrangling and struggling, and a woman
430 W. BURKE AND H. M'DOUGAL,
crying murder, but not in such a manner as to make him consider her in im-
minent danger. That continued for about a minute, and then he heard a cry
as if a person had been strangled, such a crj' as an animal might utter when
strangled. Heard no noise of struggling. The same female's voice that
had cried murder, Avas struck as by the soft part of the hand, and called
"police, for there is murder here." Witness went for the police, but could
not find any of them. He was often alarmed by cries, and was afraid of fire,
but never thought of murder. He returned a second time, and heard the
sound of the men's voices, who were speaking in a lower tone ; the woman
had ceased crying, and he went to his own house. He might have heard
feet moving on the floor, but he could not, say the sound was louder. He
was about three yards from the door that leads to Burke's house, when he
heard the three remarkable sounds. On the evening of the Saturday, he
heard of a body being found, which enabled him to fix the circumstance in
his memory.
Elizabeth Paterson lives in Wester Portsburgh ; Burke came to her mo-
ther's house on Friday, the .31st October. He came about ten o'clock, and
asked for her brother David, who not being in, he went away. Next
morning she went, at her brother's desire, to ask for Burke, and got a di-
rection to his house from Mrs. Law.
David Paterson, keeper of the museum belonging to Dr. Knox, knows the
prisoner by sight. Witness went home on the 31st of October, about twelve
o'clock, and found Burke knocking at the door. He said to witness, that
he wished to see him at his house, and he accordingly went there with
him. He found in it two men, including Burke ; there might be more,
but he did not recollect of more. There were also two women. After he
went in, Burke said, he had procured something for the doctor, and pointed
to the head of a bed where some straw was lying. The observation was
made in an under voice, but not in a \\hisper. He might be so close to
him as to touch him. No observation was made by any of the other per-
sons. Nothing was shown to witness, but he understood, when Burke
said he had procured something for the doctor, that he alluded to a dead
body. His words were, he had procured something, or there were some-
thing for the doctor, and used the expression "to-morrow." There was
a sufficiency of straw in the corner to have concealed a dead body. M'Dou-
gal was one of the females, and he thought he should know the other.
Had no further conversation with Burke about what he had got for the
doctor. Witness sent his sister, about nine o'clock next morning, for Burke.
[Witness was here shown Hare and his wife, whom he identified as the
other persons that were in the house along with Burke, on the 31st Octo-
ber.] Barke came next morning about nine, and witness said, if he had
any thing to give Dr. Knox, to take it to him, and settle with himself. He
meant a subject to dispose of; and Burke went awa)^ He saw him again,
in one of Dr. Knox's rooms, in Surgeon's-sqnare, along with Hare, Mr. Jones,
Dr. Knox's assistant, and the doctor. Heard either Burke or Hare say they
had a dend body or subject, wliich they were to bring at night, and witness
w^as instructed by Dr. Knox to receive any package which they might bring.
Witness and Mr. Jones were in the way about seven o'clock, when Burke,
Hare, and a porter named M'Culloch, came with an old tea-chest. It was
put into a cellar, the door locked, and witness and Mr. Jones went to Dr.
Knox's house, and informed him the men had brought what was expected.
The men and the porter followed, or had preceded witness and Jones, for,
when he came out, he found them at the end of Newington. Dr. Knox
gave witness five pounds, which, to prevent disputes, he was to divide; and
having gone to a house and obtained change, he laid the money on a table,
and each took his share, leaving the sum to the porter that had been bar-
gained for. Five pounds was not the whole price understood to be paid;
the b'dknce was to be paid on Monday, when Dr. Knox saw what had been
FOR MURDER. 43I
brought. The price, he believed, was genera]l3' eight pounds, but no bargain
was made. On the Sunday morning, lieutenant Paterson of the police, and
sergeant-major Fisher, called 011 him, and he went with them — opened the
door of the cellar, and gave the package to them, which had been left the
night before. It was given up in the same state in which it had \u en left
the night before. The package was fastened with ropes. He assisted in
opening the box; it contained the body of an elderly female, who did not
appear lo have been interred. The extremities were doubled up on the chest
and thorax. The head was pressed down as if for want of room. At the
request of the lieutenant of police, he examined the body externally stretched
on a table. The face was very livid, and blood flowing from the mouth. In
his opinion, the appearance of the countenance indicated strangulation or suf-
focation, by being overlaid. He found no other external marks upon the
body that would be supposed to cause death. He was not present at the dis-
section of the body. The eyes were not started, nor did the tongue hang out.
The head was a good deal pressed down for want of room. Observed no
marks about the throat. The lips and nose were dark coloured, and a little
stained with blood.
Bi/ the Bean of Faculty. — His reason for saying death had been caused by
suffocation was, that the blood in a strangled or suffocated person rises to the
head, and gives the face a livid appearance. He had seen the man Hare
before ; and knew that Dr. Knox had dealings with him for the procuring of
dead bodies. He also had had dealings with Burke ; they seemed to act
jointly. Had seen both assume the principal part. They frequently brought
subjects which he supposed had not been interred. They frequently brought
subjects to the lecture-rooms. Had heard of a class of persons who pro-
vided bodies which never had been interred. Had known young men, attend-
ing poor patients who died, give information of that fact to Dr. Knox, who
handed over the direction to such persons to endeavour to make a purchase.
In one instance, a note was given to himself, and he handed it to these men,
but the purchase was not made on that occasion.
Bi/ a Jury ma?}. — Could not say M'Dougal heard what Burke said in an
under tone. The room, however, was small, and all might possibly have
heard what was said.
By the Dean of Faculty. — Both of the men were the worse of liquor, when
he went to Burke's, but not so much as not to know what they were doing.
John Broggan was in Burke's house on the afternoon of Hallowe'en.
Burke and his wife, and Hare and his wife, were there. An old woman, a
stranger, was also there, whom he left in the house at seven o'clock. He re-
turned to the house about two in the morning, when he found Hare and his
wife, besides the prisoner and his wife. Hare and Burke were talking at the
window. He fell asleep at the fireside, beside the woman, and Hare and
Burke were in the bed. He left Burke's about seven in the evening, and re-
turned again early in the morning. The prisoner and his wife. Hare and his
wife, and Mr. and Mrs. Gray were present. Some one asked what had be-
come of the spae-wife, and the female prisoner answered, she seemed to be
very " fashious" — asked for warm and cold water, and flannel, to wash herself
with; that the two men began a fighting, when the old woman roared out
murder ; that she, M'Dougal, gave her a kick, and thrust her out of the house,
for an old Irish . In the forenoon, he saw William Burke fling whiskey
up to the roof of the house, then into his own bosom, and afterwards upon
the bed. Burke crept under the bed, and when he did so, he had a cup with
whiskey iri his hand. Saw him come out again with the cup in his hand.
Burke desired witness to sit down on a chair at the foot of the bed, and not
to move off it, until he returned. M'Dougal was then in the house, and must
have heard the direction given not to move off the chair. When he left the
room, Gray and his wife, and Burke and his wife, were left behind.
Mrs. Gray was acquainted with the prisoners. Had, along with her bus-
■v..
432 W. BURKE AND H. M'DOUGAL,
band, lodged five ninjhts in their house. Recollecfed seeinor an old woman
come there on the night of the 31st October. She seemed between forty and
fifty years of age. She was dressed in a dark printed gown, having a striped
bed-gown under it. She gave her name Docherty. Witness proceeded to
state, that Burke took her into the room, when he said, that, as witness and
her husband had been quarrelling, he insisted on their leaving his house. She
said they had not been quarrelling. He, however, insisted on their going
out, and said, he would pay for their lodgings tliat night, and desired them
to go to William Hare's. Witness went out with Hare's wife. She returned
to the house about nine o'clock, for some of her child's clothes, and found the
old woman singing, the other females dancing, and the men drinking. In
the early part of the afternoon, the old woman wished to go out, but, being
the worse of liquor, Mrs. Burke would not allow her to go. Witness re-
turned to Hare's, but did not go to bed till eleven o'clock. Mrs. Hare and
IM'Dougal, also Burke and Hare, came, and, after having some supper, went
out, and did not again return for the evening. Went to Burke's in the morn-
ing, and found there Mrs. Law, Mrs. Connaway, and Mrs. Burke, who said
she had turned the old woman out because she had been impudent. The old
woman was the worse of liquor the night before. Mrs. Hare forced the
liquor on her. Went in the morning to the straw to look for a pair of child's
stockings. Burke told her, with an oath, to keep out from them. Saw him
throwing spirits throughout the house, saying he wanted the bottle empty to
get more. Witness was desired to put on potatoes ; she went to gather them
from under the bed, and having a pipe in her mouth, Burke desired her to
come out, asking, what was she doing there with a pipe. She, however,
gathered the potatoes. Recollected Burke, on going out, desiring Broggan
to sit on a chair close to the straw till he returned. Broggan did not stop
many minutes after this. Just before it became dark, she discovered a dead
body in the house. This was a little before Broggan went out. The body
was under the straw at the foot of the bed. From the throwing of the
whiskey about, she began to think all was not right, and she lifted up the
straw, and the first thing she got hold of was the woman's right arm. The
woman was Mary Docherty, whom she hod seen the night before. There
were no clothes on her. Her husljand lifted up the head by the hair, and
saw blood on the face and about the mouth. The body was lying on the right
side, with the face to the wall. Her husband immediately took up their small
bundles, and left the house ; and, in going up the step, she met Mrs. Burke,
to whom he mentioned what he had seen. Slie told him to hold his tongue ;
she would give him two or three shillings, and it might be worth ten pounds
per week. Her husband went away, but witness returned to the house with
Mrs. Burke, and said to her, that is the woman who was singing last night,
and was now dead. INIrs. Burke said to witness, she would give her five or
six shillings, if she would hold her tongue ; and repeated, that, if her hus-
band would be quiet, it might be worth ten pounds per week to him. Wit-
ness replied, " God forbid that I should be worth money by dead people."
Witness's husband gave information to the police. Saw the body at the po-
lice ; it was that of Mrs. Docherty.
James Gray corroborated the testimony of his wife. Was in Burke's when
his wife found a dead body, with its head to the wall, and the feet under the
bed. The corpse was covered with straw. He knew it to be the woman he
had seen there the night before. He instantly packed up the little things he
had, and left the house, but, in going up-stairs, he met Mrs. Burke. He
asked, " What was that she had in the house]" She said, "What is ill"
He replied, " You know, I suppose." She instantly fell on her knees, and
implored him not to inform. She offered him four or five shillings, to put
him over till Monday, and added, there was not a week afterwards but I
might be worth ten pounds of money. Witness replied, " My conscience
will not allow me do it ;" and he heard her repeat nearly the same words
FOR MURDER. 433
over again to his wife. The words used to his wife were to the same effect
as those used on the stair to him. She also certainly did say, " She could
not help it." Mrs. Burke followed them to the street, where they met Mrs.
Hare, who asked them to go into a public-house, and they did go in for some
time, after which he went and informed the police.
By the Court. — Turned up the face of the body, which was quite shock-
ing to look at ; but he looked little at it after recognising the body. There
was some blood on the face.
John M'Culloch proved, that he carried the body to the surgeon's, and re-
ceived for his trouble, from Paterson, five shillings. There had been so
much trouble in getting the body into the tea-box that it had to be racked.
John Fisher, late sergeant-major of the Edinburgh police, had, on the infor-
mation of Gray, searched Burke's house. Burke and his wife contradicted
each other as to the time they said the deceased went away. Found a quan-
tity of fresh blood under the bed. Went next morning to a cellar of Dr.
Knox's, where a box, containing the body of a woman, quite naked, was
found. Gray was sent for, who recognised the body as that of the woman.
The body was afterwards taken to the police-office, when it was shown to
the witnesses and the prisoners. The latter denied all knowledge of ever
having seen the body, either dead cv alive. Went back to Burke's house, on
the Sunday, and found a dark printed gown.
£1/ the Bean of Faculty. — Hare denied having seen the body, either dead
or alive. All the parties denied it.
JVilliam Hare. — Having been sworn in the common form, was asked if he
were a Catholic ? He answered, he was. It was then asked, if he wished
to be sworn in any other way? He said, he did not know ; he never had
taken an oath before, and the form was all one, he supposed.
The examination proceeded. He had been acquainted with Burke about a
twelvemonth. M'Dousral lived with Burke as his wife. Witness lived in
the West Port, not far from Burke. Was in a public-house in the West Port,
on the forenoon of the 31st October, when they had a gill. He asked wit-
ness to go down to his house, to see the shot he had got to take to the doc-
tor's. He said he had taken an old woman off the street, and wished wit-
ness to go down and see her, and see what they were doing. Understood by
the word shot that he was going to murder the woman. He went down to
Burke's house, and found there a strange man and a woman (their name was
Gray), the old woman, and Helen iVI'Dou^al. Witness remained in the house
about five minutes, and then went home. Was in Connaway's between eight
and nine o'clock, on Hallowe'en night. There were Connaway and his wife,
William Burke, and John Broggan, and another lad whom he did not know,
the old woman, Helen M'Dougal, and witness's wife. They had some drink
there. Burke, Broggan, and the lad went out; but witness remained later,
and went into Burke's, leaving the old woman in Connaway's. Was not
long there, till Burke himself and the old woman came in. She was so
much the worse of drink, as hardly to be able to keep her feet. There was
some dancing in Connaway's. At this time, he did not think that any harm
was to happen to the old woman that night. When in Burke's, some words
took place between him and the witness — and blows ensued. He asked,
what had brought him there 1 and, he replied, he had been invited by M'Dou-
gal. While they were struggling, the old woman ran twice into the pas-
sage, and called out, either murder or police. Helen M'Dougal brought her
back both times. While witness and Burke were struggling, he (Hare)
pushed her over a stool. She got up, so as to rest upon her elbow, but was
so drunk as not to be able to regain her feet. She was always calling on
Burke to quit fighting, and he did so. Having stood for some minutes on
the floor, Burke stood stride legs over her, and laid himself down above her;
his breast being on her head, she cried, and then moaned a little. He put
one hand on her nose and mouth, and the other under her chin, and stopped
2 0 55
434 W. BURKE AND H. M'DOUGAL,
herbreathino^ ; this was continued for ten or fifteen minutes. He never spoke
while this was going on ; after he had arisen from above her, he put his arm
upon her mouth for some minutes. She appenred quite dead. W itness was
sitting all the while on a chair. He stripped the body of the clothes, put it
into a corner, doubling it up, and covering it with straws Witness's wife
and M'Dougal, when they heard the first screech of the old woman, ran into
the passage, and did not come in again until the body was covered with the
straw. Before this, they were lying in the bed ; and witness sat at the head
of the bed. Did not observe blood on the floor, or on the woman's face at
the time. Did not observe the women in the passage cry ; hut nobody came
to the door during the time. Burke had not been above the woman a minute
or two, when the women started out of bed and ran to the door. None of
them attempted to save or assist the old woman, and they could not have
done so without his seeing it. Saw them come again, and Burke go out,
when he was absent a few minutes. The women asked no questions, and he
made no remark. The women went to their beds again. Neither asked
for the woman Docherty. When Burke returned, he brought the doctor's
man with him, a person v.'ho lived a little down the W'est Port. Burke
wished the doctor's man to look at the body, but he said, it would do well
enough to get a box, and put it into. The women were in the bed, while
the man was in the house, but he could not tell whether they were awake or
not. Witness fell asleep himself; he was rather the worse for liquor, but he
knew well enough what he was about. He awoke about seven o'clock in
the morning ; he found himself on a chair, with his head on the bed. The
women were in the bed, and a lad named .Tohn Broggan, who was lying be-
yond his aunt. Burke was at the fireside. He and his wife got up and
went home, when they found Gray and his wife there. Burke called witness
into Rymer's shop, and wished him to go with him to Surgeons'-square,
which witness agreed to do, after he fed the swine. They went to Sur-
geons'-square, where Burke inquired for a box, but they did not get one. He
said, he bespoke one from Mr. Rymer's shop-boy. This box was brought
into the passage by the porter (M'Culloch), but there was nobody in the
house when they went in. They took the box into the house, and waited at
the back door till Burke came, who said, " You are worth little that have
not put it into the box." W'itness assisted to put the body into the box ;
the porter pressed it down, and observing some of the hair over the side of
the box, put it down inside, saying, "It was a bad thing to have it hanging
out." The box was roped, and the porter instructed to carry it to Surgeons'-
square. Witness and Burke accompanied him, and met the women in the
High-school-yards. Could not say whether Burke or the porter went in first.
Witness accompanied them. The body was put into a cellar ; and witness
and Burke proceeded to Dr. Knox's at Newington, but did not go into his
house. Mr. Paterson, who was to pay the money, took them into a public-
house, where he got change, and paid the porter five shillings, Burke two
pounds seven shillings six-pence, and witness two pounds seven shillings six-
pence. Understood that five pounds more was to be paid on Monday. Saw
the W'omen both in going to and returning from Newington, but neither of
them went into the public-house.
Cross-examined hy Mr. Cockburn. — Witness pushed the woman over a stool,
and she was so drunk she could not rise. Before that, she had gone to the
door, and called, " Police." When Burke got on the old woman, she gave
a shriek, which could be heard some short distance. At that time, did not
hear any one call for the police. Burke and he were fighting before the wo-
man shrieked. Broggan and the two women were in bed; he was sitting
at the side of the bed, and Burke was at the fire. Thinks that it was ten
minutes before Burke had murdered the old woman. Never attempted to
prevent him ; but remained in the house all the time ; sat by, and looked at
the transaction. Did not go next day to the police, and inform them of it;
FOR MURDER. 435
but, when examined by the police, he denied all knowledge of it. Hare was
removed in the custody of the police to the outer house.
Margaret Laird, wife of Hare, corroborated his evidence. Saw Burke get
upon the old woman's breast, when M'Dougal and she ran out to the passage,
and remained there some time. She did not cry out, for she was powerless.
Thinks it was a quarter of an hour before she came back to the house. Did
not see the old woman, nor make any inquiry, as she had a suspicion that
she had been nmrdered. M'Dougal did not ask any question at the time
Burke lay down upon the old woman. Witness thinks she was standing
near the door. Burke had not lain many minutes on the old woman, when
witness ran out. Had some suspicion of what Burke was about, as she had
seen some trick of the same kind done. In the course of the afternoon,
M'Dougal came, and said to witness there was -a. shot in the house. She did
not say what she meant by a shot — but she said that her husband had fetched
her from a shop — M'Dougal told her at the same time she used the term
shot, that it was a woman. She did not say expressly they were to murder
the woman, but witness understood that to be her meaning, as she had heard
the term used in such a meaning before.
Mr. Alexander Black, surgeon to the police establishment, examined the
dead body of a woman in the Police-office, on Sunday, the 2d of November.
His opinion at the time was, that the woman had died a violent death by suf-
focation, though he could not be quite positive.
Professor Christison examined the body along with Dr. Newbigging on the
2d and 3d of November. Some of the appearances justified the suspicion
of strangulation, but the mode of death, he concluded, had been by applying
the pressure of the hand under the chin, throwing the head back, and pre-
venting the access of air to the lungs. There were many contusions on the
body, and no signs of disease ; it was very probable, that the death was
caused by violence.
The declarations emitted were then read. Burke described himself as a
native of Ireland; that he had been ten years in Edinburgh; was a shoe-
maker ; and lived with Elizabeth M'Dougal, but was not married to her. He
accounted for the dead body being in his house, by saying it was brought
there by a porter.
The lord advocate contended, that even independently of the evidence of
the socii criminis altogether, the charge against the prisoner Burke had been
fully established.
The Dean of Faculty spoke for Burke : he concluded at four o'clock, and
Mr. Cockburn followed on behalf of M'Dougal. At six o'clock the lord
justice clerk commenced his charge to the jury, which occupied two hours
and a half.
The jury retired at half-past eight, and after having been enclosed for fifty
minutes, returned a verdict finding William Burke Guilty of the charge, and
Helen M'Dougal, the libel not proven.
The prisoner Burke was then sentenced to be executed on the 28th of
January, and his body to be given to the surgeons for dissection.
CONFESSIONS OF BURKE IN THE JAIL.
Present Mr. George Tait, sheriff-substitute ; Mr. Archibald Scott, procura-
tor-fiscal ; Mr. Richard J. Moxey, assistant-sheriff clerk.
Edinburgh, 3d January, 1829.
Compeared William Burke, at present under sentence of death in the jail
of Edinburgh, states, that he never saw Hare till the Hallow-fair before last
(November, 1827), when he and Helen M'Dougal met Hare's wife, with
whom he was previously acquainted, in the street; they had a dram, and he
mentioned he had an intention to go to the west country to endeavour to get
employment as a cobler; but Hare's wife suggested that they had a small
436 W. BURKE AND H. MDOUGAL,
room in their house which might suit him and M'Doiigal, and that he might
follow his trade of a cobler in Edinburgh — and he went to Hare's house,
and continued to live there, and got employment as a cobler.
An old pensioner named Donald, lived in the house about Christmas, 1827 ;
he was in bad health, and died a short time before his quarter's pension was
due — he owed Hare four pounds ; and a day or two after the pensioner's
death. Hare proposed that his body should be sold to the doctors, and that
the declarant should get a share of the price. Declarant said, it would be
impossible to do it, because the man would be coming in Avith the coffin im-
mediately ; but after the body Avas put into the coffin, and the lid was nailed
down. Hare started the lid with a chisel, and he and declarant took out the
corpse and concealed it in the bed, and put tanner's hark from behind the
house into the coffin, and covered it with a sheet, and nailed down the lid of
the coffin, and the coffin was then carried away for interment. Hare did not
appear to have been concerned in any thing of the kind before, and seemed
to be at a loss how to get the body disposed of, and he and Hare went in the
evening to the yard of the college, and saw a person like a student there,
and the declarant asked him, if there Avere any of Dr. IMonro's men about,
because he did not knoAv there Avas any other way of disposing of a dead
hody — nor did Hare. The young man asked what they wanted with Dr.
Monro, and the declarant told him that he had a subject to dispose of, and
the young man referred him to Dr. Knox, No. 10, Surgeons'-square, and
they Avent there, and saw young gentlemen, whom he noAV knows to be Jones,
Miller, and Ferguson, and told them that they had a subject to dispose of;
but they did not ask how they had obtained it ; and they told the declarant
and Hare to come back Avhen it was dark, and that they themselves Avould
find a porter to carry it. Declarant and Hare went home, and put the body
into a sack, and carried it to Snrgeons'-square, and not knowing hoAV to dis-
pose of it, laid it down at the door of the cellar, and went up to the room,
where the three young men saw them, and told them to bring up the body to
the room, which they did, and they took the body out of the sack, and laid it
on the dissecting table. That the shirt was on the body, but the young men
asked no questions as to that, and the declarant and Hare, at their desire, took
off the shirt, and got seven pounds ten shillings. Dr. Knox came in after
the shirt was taken off, and looked at the body, and proposed they should get
seven pounds ten shillings, and authorized Jones to settle with them ; and he
asked no qiiestions as to hoAV the body had been obtained. Hare got four
pounds five shillings, and the declarant got three pounds five shillings. Jones,
&c. said, that they Avould be glad to see them again, Avhen they had any other
body to dispose of.
Early last spring, 1828, a Avoman from Gilmerton came to Hare's house as
a nightly lodger, Hare keeping seA^en beds for lodgers. That she was a
stranger, and she and Hare became merry, and drank together ; and next
morning she was very ill in consequence of Avhat she had got, and she sent
for more drink, and she and Hare drank together, and she became very sick
and vomited, and at that time she had not risen from bed, and Hare then said
that they would try and smother her, in order to dispose of her body to the
doctors. That she was lying on her back in the bed, and quite insensible
from drink, and Hare clapped his hand on her mouth and nose, and the decla-
rant laid himself across her body in order to prevent her making any disturb-
ance, and she never stirred ; and they took her out of bed and undressed her,
and put lier into a chest, and they mentioned to Dr. Knox's young men that
they had another subject, and Mr. INIiller sent a porter to meet them in the
evening at the back of the Castle ; and declarant and Hare carried the chest
till they met the porter, and they accompanied the porter Avith the chest to
Dr. Knox's class-room, and Dr. Knox came in Avhen they Avere there ; the
body AA-as cold and stiff. Dr. Knox approved of its being so fresh, but did
not ask any questions.
FOR MURDER. 437
The next was a man named Joseph, a miller, who had been lying badly in
the house. That he got some drink from declarant and Hare, but was not ^ ;*
tipsy ; he was very ill, lying in bed, and could not speak sometimes, and
there was a report on that account that there was fever in the house, which
made Hare and his wife uneasy, lest it should keep away lodgers, and they
(declarant and Hare) agreed that they should suffocate him for the same pur-
pose, and the declarant got a small pillow and laid it across Joseph's mouth,
and Hare lay across the body to keep down the arms and legs, and he was
disposed of in the same manner to the same persons, and the body was car-
ried by the porter who carried the last body.
In May, 1828, as he thinks, an old woman came to the house as a lodger:
she Avas the worse for drink, and she got more drink of her own accord, and ^" . •
she became very drunk, and declarant suffocated her ; and Hare was not in
the house at the time ; and she was disposed of in the same manner.
Soon afterwards an Englishman lodged there for some nights, and was ill
of the jaundice : that he was in bed ver}^ unwell, and Hare and declarant
got above him and held him down, and by holding his mouth, suffocated him,
and disposed of him in the same manner.
Shortly afterwards an old woman named Haldane (but he knows nothing
farther of her) lodged in the house, and she had got some drink at the time,
and got more to intoxicate her, and he and Hare suffocated her, and disposed
of her in the sam.e manner.
Soon afterwards a cinder woman came to the house as a lodger, as he be-
lieves, and she got drink from Hare and the declarant, and became tipsy, and
she was half asleep, and he and Hare suffocated her, and disposed of her in
the same manner.
About midsummer, 1828, a woman with her son or grandson, about twelve
years of age, and who seemed to be weak in his mind, came to the house as
lodgers ; the woman got a dram, and when in bed asleep, he and Hare suffo-
cated her ; and the boy was sitting at the fire in the kitchen, and he and Hare
took hold of him, and carried him into the room and suffocated him. 'I'hey
were put into a herring barrel the same night, and carried to Dr. Knox's
rooms.
That, soon afterwards, the declarant brought a woman to the house as a
lodger, and after some days she got drunk, and was disposed of in the same
manner. That declarant and Hare generally tried if lodgers would drink,
and, if they would drink, they were disposed of in that manner.
The declarant then went for a few days to the house of Helen M'Dougal's
father, and, when he returned, he learned from Hare, that he had disposed *
of a woman in the declarant's absence, in the same manner, in his own
house ; but the declarant does not know the woman's name, or any farther
particulars of the case, or whether any other person was present or knew
That about this time he went to live in Broggan's house, and a woman, ^
named Margaret Haldane, daughter of the woman Haldane before mentioned,
and whose sister is married to Clark, a tinsmith in the High-street, came into
the house, but the declarant does not remember for what purpose; and she - '^•'»
got drink, and was disposed of in the same manner. That Hare was not
present, and neither Broggan nor his son knew the least thing about that or
any other case of the same kind.
That, in April, 1828, he fell in with the girl Paterson and her companion
in Constantine Burke's house, and they had breakfast together, and he sent ^
for Hare, and he and Hare disposed of her in the same manner ; and Mr.
Fergusson and a tall lad, who seemed to have known the woman by sight,
asked where they had got the body ; and the declarant said, he had purchased
it from an old woman at the back of the Canongate. The body was disposed
of five or six hours after the girl was killed, and it was cold, but not very
2o2
438 W. BURKE AND H. M'DOUGAL,
stiff, but he docs not recollect of any remarks being made about the body-
being -warm.
One day in September or October, 1828, a washer-woman had been wash-
ing in the house for some time, and he and Hare suffocated her, and disposed
of her in the same manner.
Soon afterwards, a woman, named M'Dougal, who was a distant relation
of Helen M'Dougal's first husband, came to Broggan's house to see M'Dou-
gal ; and after she had been coming and going to the house for a few days,
she got drunk, and was served in the same manner by the declarant and
Hare.
That " Daft Jamie" was then disposed of in the manner mentioned in the
indictment, except that Hare was concerned in it. That Hare was lying
alongside of Jamie in the bed, and Hare suddenly turned on him, and put his
hand on his mouth and nose; and Jamie, who had tiot drink, but was not
drunk, made a terrible resistance, and he and Hare fell from the bed together,
Hare still keeping hold of Jamie's mouth and nose; and as they lay on the
floor together, declarant lay across Jamie, to prevent him from resisting, and
they held him in that state till he was dead, and he was disposed of in the
same manner : and Hare took a brass snuff-box and a spoon from Jamie's
pocket, and kept the box to himself, and never gave it to the declarant — but
he gave him the spoon.
And the last was the old woman Docherty, for whose murder he has been
convicted. That she was not put to death in the manner deponed to by Hare
on the trial. That, during the scuffle between him and Hare, in the course
of which he was nearly strangled by Hare, Docherty had crept among the
straw, and after the scuffle was over, they had some drink, and after that
they both went forward to where the woman was lying sleeping. Hare went
forward first, and seized her by the mouth and nose, as on former occasions ;
and at the same time the declarant lay across her, and she had no opportunity
of making any noise; and before she was dead, one or other of them, he does
not recollect which, took hold of her by the throat. That while he and Hare
were struggling, which was a real scufHe, M'Dougal oi)ened the door of the
apartment, and went into the inner passage and knocked at the door, and
called out police and murder, but soon came back ; and at the same time
Hare's wife called out, never to mind, because the declarant and Hare would
not hurt one another. That whenever he and Hare rose and went towards
the straw where Docherty was lying, M'Dougal and Hare's wife, who, he
thinks, were lying in bed at the time, or, perhaps, were at the fire, immedi-
ately rose and left the house, but did not make any noise, so far as he heard ;
and he was surprised at their going out at that time, because he did not see
how they could have any suspicion of what they (the declarant and Hare)
intended doing. That he cannot say whether he and Hare would have killed
Docherty or not, if the women had remained, because they were so deter-
mined to kill the woman, the drink being in their head ; and he has no know-
ledge or suspicion of Docherty 's body having been offered to any person be-
sides Dr. Knox, and he does not suspect that Paterson would offer the body
to any other person than Dr. Knox.
Declares, That suffocation was not suggested to them by any person as a
mode of killing, but occurred to Hare on the first occasion before mentioned,
and was continued afterwards because it was effectual, and showed no marks ;
and when they lay across the body at the same time, that was not suggested
to them by any person, for they never spoke to any person on such a subject ;
and it was not done for the purpose of preventing the person from breathing,
but was only done for the purpose of keeping down the arms and thighs, to
prevent struggling.
Declares, That, with the exception of the body of Docherty, they never
look persons by the throat, and they never leapt upon them ; and declares
that there were no marks of violence on any of the subjects, and they were
FOR MURDER. 439
Sufficiently cold to prevent any suspicion on the part of the doctors ; and, at
all events, they mig-ht be cold and stiff enough before the box was opened up,
and he and Hare always told some story oF their having- purchased the sub-
jects from some relation or other person who had the means of disposing of
them, about different parts of the town, and the statements which they made
were such as to prevent the doctors having any suspicions ; and no suspicions
were expressed by Dr. Knox, or any of his assistants, and no questions
asked tending to show that they had suspicion.
Declares, That Helen M'Dougal and Hare's wife were no way concerned
in any of the murders, and neither of them knew of any thing of the kind
being intended. Even in the case of Docherty, and although these two wo- '
men^may latterly have had some suspicion in their own minds that the decla-
rant and Hare were concerned in lifting dead bodies, he does not think they
could have any suspicion that he and Hare were concerned in committing
murders.
Declares, That none of the subjects which they had procured, as before- *%
mentioned, were offered to any other person than Dr. Knox's assistants, and J^
he and Hare had very little communication with Dr. Knox himself; and de-
clares, that he has not the smallest suspicion of any other person in this, or
in any other country, except Hare and himself, being concerned in killing
persons, and offering their bodies for dissection ; and he never knew or heard
of such a thing having been done before.
Wm. Burke.
G. Tait.
Present, Mr. George Tait, sheriff-substitute ; Mr. Archd. Scott, procurator-
fiscal ; Mr. Richard J. Moxey, assistant-sheriff-clerk ; the Rev. Wm. Reid,
Roman Catholic priest.
Edinburgh, 22d January, 1829.
Compeared, William Burke, at present under sentence of death in the jail
of Edinburgh, and his declaration, of date the 3d current, being read over to
him, he adheres thereto. Declares further, that he does not know the names
and descriptions of any of the persons who were destroyed except as men-
tioned in his former declaration. Declares, that he never was concerned in
any other act of the same kind, nor made any attempt or preparation to com-
mit such, and all reports of a contrary tendency, some of which he has heard,
are groundless. And he does not know of Hare being concerned in any such,
except as mentioned in his former declaration ; and he does not know of any ^^
persons being murdered for the purpose of dissection by any other persons
than himself and Hare; and if any persons have disappeared anywhere in
Scotland, England, or Ireland, he knows nothing whatever about it, and never
heard of such a thing till he was apprehended. Declares, that he never had
any instruments in his house except a common table-knife, or a knife used by
him in his trade as a shoemaker, or a small pocket-knife, and he never used
any of those instruments, or attempted to do so, on any of the persons who
were destroyed. Declares, that neither he, nor Hare, so far as he knows,
ever were concerned in supplying any subjects for dissection, except those
before-mentioned ; and, in particular, never did so by raising dead bodies
from the grave. Declares, that they never allowed Dr. Knox, or any of his
assistants, to know exactly where their houses were, butPaterson, Dr. Knox's
porter or door-keeper, knew. And this he declares to be truth. •».•
Wm. Burke. *
G. Tait.
EXECUTION. *
This morning, pursuant to his sentence, this monster was executed at Edin-
burgh. The crowd was great beyond all former precedent, and covered the
street from the Castle-hill to the Exchange. Bank-street was also crowded,
440 W. BURKE AND H. M'DOUGAL,
as well as the large area at the end of the cliiirch, where any view could be
obtained. Every situation, in short, tliat could command a view of the scaf-
fold, was occupied. There were spectators even on the top of some of the
highest houses. The windows at the back of the Writers' libraries, and par-
ticularly the windows in Libberton's Wynd, from which Burke could be seen
as he was advancing to the scaffold, were crowded to excess. All the win-
dows along the street were filled ; and such was the general and ardent curi-
osity to obtain a sight of this criminal, that there were several well-dressed
females in different houses in the Lawn-market. There were some specta-
tors also on the top of the new north church.
Such was the anxiety to secure a place from which to witness the execu-
tion, that so high a price as a guinea was paid for one window, while some
were disposed of by retail at the rate of two shillings six-pence for permis-
sion to have a look. Placards were displayed in the neighbourhood of the
scaffold, of " Windows to let," even up to the sixth and seventh floors.
Crowds of people continued to arrive, not only from all parts of the city, but
from all the neighbouring towns; and, by eight o'clock, there were certainly
not less than twenty thousand persons within view of the scaffold, among
whom were an unusual proportion of females. During the night, Burke
stated that he was happy that he had at last been arrested in his career of
crime, and brought to justice. Thougli he had been a great offender, yet he
rested on the atonement of the Saviour for salvation. When the irons were
knocked off, he exclaimed, "Thank God these are off, and all Avill be off
shortly." Shortly after eight o'clock, the procession set out for the place of
execution. The magistrates, Avith a party of town officers, first ascended
the scaffold ; and they were followed by Burke, supported by the two Catho-
lic clergymen. He was dressed in decent black clothes, and was perfectly
firm and composed. The moment he appeared, the crowd set up an appal-
ling shout, which continued for several minutes. The murderer and the
Catholic clerg)nTien then knelt down, and spent a few minutes in devotion,
and the religious exercises were concluded by a prayer from the Rev. Mr.
INIarshall. During the time, a deep silence prevailed among the assemblage,
but the devotions were succeeded by vehement cheering from every quarter,
mingled with groans and hisses. When the cheers had subsided, the wretched
man was assailed with every epithet of contempt and abhorrence. As soon
as the executioner proceeded to his duty, the cries of "Burke him, Burke
him, — give him no rope," and many other similar exclamations, were vocife-
rated in voices loud with indignation. Burke, in the mean time, stood per-
fectly unmoved, and gazed around, until the cap was drawn over his face, and
shut the world for ever froiTi his view. The executioner having completed his
preparations, and placed the signal in Burke's hand, the magistrates, minis-
ters, and attendants left the scaffold. The crowd again set up another long
and loud cheer, which was followed by cries for " Hare, Hare, — where is
Hare? — hang Hare," and so on. Burke lifted his hands and ejaculated a
prayer of a few sentences, then dropped the napkin, and instantly the drop
fell. The struggle was neither long nor apparently severe ; but, at every
convulsive motion, a loud huzza arose from the multitude, which was several
times repeated, even after the last agonies of humanity were past. During
the time of the wretched man's suspension not a single indication of pity was
observable among the vast crowd : on the contrary, every countenance wore
the lively aspect of a gala-day, while puns and jokes on tlie occasion were
freely bandied about, and ])roduced bursts of laughter and merriinent, which
were not confined to the juvenile spectators alcne. '■'• Biirhe Hare too!"
"Wash blood from the land !" " One cheer more !" and similar exclama-
tions, were repeated in different directions, until the culprit was cut down,
about nine o'clock, when one general and tremendous huzza closed the awful
exhibition ; and the multitude immediately afterwards began to disperse.
CHARLES MACKLIN. 441
CHARLES MACKLIN,*
FOR THE MURDER OF THOMAS HALLAM, MAY 10, 1735.
Charles Mackijn was indicted for the murder of Thomas Hallam, by-
thrusting a stick into his left eye, and thereby giving him one mortal wound,
of which wound he languished till the next day, and then died.
Thomas Jlrne deposed. — 1 have the honour to be numberer of the boxes of
Drury-lane play-house, under Mr. Fleetwood. On Saturday night I delivered
my accounts in the property-office, and then, at eight at night, I came into
the scene-room, where the players warm themselves, and sat down on a chair
at the end of the fire : fronting the fire, there is a long screen, where five or
six may sit. The play was almost done, and they were making preparation for
the entertainment, when the prisoner came and sat down next to me, and high
words arose between him and the deceased about a stock wig for a disguise
in the entertainment; the prisoner had played in this wig the night before,
and now the deceased had got it : " D — n you for a rogue," said the prisoner,
" what business have you with my wig ]" — " I am no more a rogue than your-
self," said the deceased : " it is a stock wig, and 1 have as much right to it
as you." Some of the players coming in, they desired the deceased to fetch
the wig and give it to the prisoner, and he said to him, "here is your wig, I
have got one that I like better :" the prisoner, sitting by me, took the wig, and
began to comb it out, and all seemed to be very quiet for half a quarter of an
hour ; but the prisoner began to grumble again, and said to the deceased, " G-d
d — n you for a blackguard scrub rascal, how durst you have the impudence
to take this wig V The deceased answered, " 1 am no more of a rascal than
yourself;" upon which the prisoner started up out of his chair, and having a
stick in his hand, he gave a full lunge at the deceased, and thrust the stick
into his left eye ; and pulling it back again, he looked pale, turned on his
heel, and, in a passion, threw the stick in the fire; " G-d d — n it," said he,
and, turning about again upon his heel, he sat down ; the deceased cJapt his
hand to his eye, and said it was gone through his head ; he was about to sink,
when they set him in a chair ; the prisoner came to him, and, leaning upon
his left arm, put his hand to his eye ; " Lord," cried the deceased, " it is
out." — " No, said the prisoner, " I feel the ball roll under my hand." Young
Mr. Gibber came in, and immediately sent for Mr. Coldham, the surgeon.
Prisoner. — Did I show any concern afterwards]
^rne. — I believe he was under the utmost surprise, by his turning about,
and throwing the stick in the fire ; and he shewed a further concern, when he
felt of the eyeball.
Thomas Wkitaker deposed. — I am a dresser in the house, under a comedy-
player : on the Friday night, the prisoner asked me to lend him a comedy
wig to play Sancho, in the Fop's fortune; and the next night the deceased
came and asked me for the same wig; I told him 1 had it not, and bid him
go to the other dresser; as I was afterwards waiting in the hall for my mo-
ney, the prisoner came in, and asked the deceased for the wig ; the deceased
answered that he should not have it; and the prisoner replied, " you are an
impudent rascal, and ought to be caned for your impudence." Mr. Mills,
who was acting Juba, came and said, " What is the matter with you ? we
cannot play for the noise you make." The prisoner answered, "This rascal
has got a wig that belongs to me." Mr. Mills said to the deceased, " Hal-
larn, do not be impertinent, but give him the wig." Hallam still refused;
upon which the prisoner said, " G-d d — n you, such little rascals ought to be
made an example of," and so turned out of the room. I being dressed in
* Author of Love a-la-mode, The Man of the World &c.. &c.
56
^
442 CHARLES MACKLIN.
shape, went up and undressed ; Mr. Woodford bid me bring down a scimi-
tar, which I did, but, when I came down I could not find him, and I then
went into the scene-room ; the deceased was standing still between the door
and the settle ; the prisoner was about three yards from him, and starting up,
he made a sudden lunge (whether stepping or running I cannot say) ; the
deceased clapped his hand to his eye, and made a reel, as if he was throwing
himself into the settle; the prisoner seemed to be much concerned.
Frisoner. — I played Sancho the night before : and the wig I then used was
proper for the new play, and absolutely necessary for my character ; the
whole force of the poet's wit depending on the lean meagre looks of one that
wanted food ; this wig, therefore, being so fit for my purpose, and hearing
the deceased had got it, 1 said to him, " You have got the wig I played in
last night, and it fits my part this night." — " I have as much right to it as
you have," said he : I told him I desired it as a favour ; he said I should
not have it. " You are a scoundrel," said I, " to deny me, when I only ask
that as a favour, which is my right." — " I am no more a scoundrel than your-
self," said he, and so he went out, and I went to the prompter's door to see for
Mr. Gibber; meanwhile the deceased went into the scene-room, and said,
that I had used him like a pickpocket: the author persuaded him to let me
have the wig, and the property-man brought him another wig : he threw the
first wig at me ; I asked liijn why he could not as well have done that be-
fore? He answered, "because you used me like a pickpocket." This pro-
voked me, and rising up, I said, " D — n you for a pnjipy, get out." His left
side was then towards me, but he turned about unluckily, and the stick went
into his eye ; " Good God," said I, " what have I done]" and threw the stick
in the chimney. He sat down, and spoke to Mr. Arne's son. I begged them
to take the deceased to the bagnio, but Mrs. Moore said, she had a room
where he should be taken care of. I had then no thought that it would prove
his end, but feared that his eye was in danger: but next morning 1 saw Mr.
Turbut, who advised me to keep out of the way, or I should be sent to jail.
I begged him to get the assistance of a physician, and gave him a guinea,
which was all the money 1 had. From the begiiming of the quarrel to the
end, it was but ten minutes, and there was no intermission.
Hubert Turbut. — I had played that night, and was in the scene-room when
the deceased came in, and seemed flushed, and said, " Macklin has used me
like a pickpocket; I had this wig of Mrs. Greenwood the dresser, and now
he wants it; and I think it is as proper for my character as for his;" the
prisoner then came in, and demanded it; upon which, in a merry way, it
was put to the question which of them should have it, and it was agreed that
the prisoner should. Mr. Kitchen came in, and said, " Here is another wig;"
the deceased then tossed the former wig to the prisoner, who said to him,
"Why' could not you have done this before?" He answered, "Because
you used me like a pickpocket." — "You lie," said the prisoner, and "you
lie," said the deceased ; " you are a scoundrel," said one, " and yon are a scoun-
drel," said another: at last the prisoner, rising up, said, "You puppy, get
out," and pushed at him ; but, 1 believe, not with any particular aim.
Mr. Rich, Mr. Fleetwood, Mr. Quin, Mr. Ryan, Mr. Thompson, Mr. Mills,
Mr. Lessley, Mr. Black, and Mr. Fern, appeared to the prisoner's character
and deposed that he was a man of a quiet and peaceable disposition.
The jury found him Guilty of mamlaughter.
A-"
.^
^r MARY YOUNG. 443
MARY YOUNG, alias JENNY DIVER,
FOR PRIVATELY STEALING. 1740.
This extraordinary woman was a native of the north of Ireland, and, having
lost her parents while in a state of infancjs she was taken into the family ot
an old lady, who educated her. Among- her first acquaintance, was one of
her countrywomen, named Anne Murphy, by whom she was invited to par-
take of a lodg-ing in Long; Acre. Here she endeavoured to obtain a livelihood
by her needle; but not being able to procure sufficient employment, in a
short time her situation became truly deplorable. Murphy intimated to her
that she could introduce her to a mode of life that would prove exceedingly
lucrative ; adding, that the most profound secrecy was required. The other
expressed an anxious desire of learning the means of extricating herself from
the difficulties under which she laboured ; and made a solemn declaration that
she would never divulge what Murphy should communicate. In the evening,
Murphy introduced her to a number of men and women assembled in a club,
near St. Giles'. These wretched people gained their living by cutting off
women's pockets, and stealing watches, &c., in the avenues of the theatres,
and at other places of public resort ; and, on the recommendation of Murphy,
they admitted Mary a member of the society.
After her admission, they dispersed in order to pursue their illegal occupa-
tion ; and the booty obtained that night consisted of eighty pounds in cash and a
valuable gold watch. As Mary was not yet acquainted with the art of thieving,
she was not admitted to an equal share of the night's produce ; but it was
agreed that she should have ten guineas. She now regularly applied two
hours every day in qualifying herself for an expert thief, by attending to the
instructions of experienced practitioners ; and, in a short time, she was dis-
tinguished as the most ingenious and successful adventurer of the whole
gang. In a few months she became so expert in her profession, as to acquire
great consequence among her associates, who distinguished her by the appel-
lation of Jenny Diver, on account of her remarkable dexterity.
On one occasion, Mary, accompanied by one of her female accomplices,
joined the crowd at the entrance of a chapel in the Old Jewry, where a
popular divine was to preach ; and observing a gentleman with a diamond
ring on his finger, she held out her hand, which he kindly received, in order
to assist her, and at this juncture she contrived to get possession of the ring,
without the knowledge of the owner ; after which, she slipped behind her
companion, and heard the gentleman say, that as there was no probability of
gaining admittance, he would return. Upon his leaving the meeting, he
missed his ring, and mentioned his loss to the persons who were near him,
adding, that he suspected it to be stolen by a woman whom he had endea-
voured to assist in the crowd ; but, as the thief was unknown, she escaped.
This robbery was considered as such an extraordinary proof of Mary's clever-
ness, that her associates determined to allow her an equal share of all their
booties, even though she was not present when they were obtained.
A short time afterwards, she procured a pair of false hands and arms to be
made, and concealing her real ones under her clothes, and putting something
beneath her stays to make herself appear as if in a state of pregnancy, she
repaired on a Sunday evening to a chapel, in a sedan chair, one of the gang
going before, to procure a seat among the genteel part of the congregation,
and another attending in the character of a footman. Being seated between
two elderly ladies, each of whom had a gold watch by her side, she con-
ducted herself with seeming devotion ; but, when the service was nearly
concluded, she seized the opportunity while the ladies were standing up, of
444 MARY YOUNG.
stealing their watches, which she delivered to an accomplice in an adjoining
pew.
She practised a variety of felonies of a similar nature in different parts of
the metropolis and its adjacencies ; till, by the minute accounts in the news-
papers, it was deemed impolitic to repeat them ; and, therefore, the gang
resolved to go to Bristol, in search of adventures, during the fair held in that
city every summer. Here Mary Young and Anne Murphy assumed the
characters of merchants' wives, and Mary's favourite retained the character
of footman. They took lodgings at different inns ; and agreed, if any of them
should be apprehended, the others should endeavour to procure their release,
by representing them as people of character.
On the return of Mary to town, she hired a real footman, and her fa-
vourite, who had long acted in that character, assumed the appearance of
a gentleman. She hired lodgings in the neighbourhood of Covent-gar-
den, that she might more conveniently attend the theatres. This infa-
mous association was now become so notorious a pest to society, that they
judged it prudent to leave the metropolis, where they were apprehensive
they could not long remain concealed from justice. They practised a
variety of stratagems, with great success, in different parts of the country ;
but, upon revisiting London, Mary was committed to Newgate, on a charge
of having picked a gentleman's pocket ; for which she was sentenced to trans-
portation.
She remained in the above prison near four months ; during which time
she employed a considerable sum in the purchase of stolen goods. When
she went on board the transport vessel, she shipped a quantity of goods,
nearly svifhcient to load a wagon. On her arrival in Virginia, she disposed
of her goods, and for some time lived in good style.
She soon found that America was a country where she could expect but
little emolument from the practices she had so successfully followed in
England ; and, therefore, she employed every art that she was mistress of to
ingratiate herself into the esteem of a young gentleman, who was preparing
to embark on board a vessel, bound for the port of London ; he became much
enamoured of her, and brought her to England. \Vhile the ship lay at
Gravesend, she robbed him of all the property she could get into her posses-
sion, and pretending an indisposition, intimated a desire of going on shore, in
Avhich her admirer acquiesced ; but she was no sooner on land, than she
made a precipitate retreat.
She next travelled through several parts of the country, and by her usual
practices, obtained many considerable sums. At length she returned to
London, but was not able to find her former accomplices. She now frequented
the royal exchange, the theatres, London-bridge, and other places of public
resort, and committed innumerable depredations on the public. Being de-
tected in picking a gentleman's pocket upon London-bridge, she was taken
before a magistrate, to whom she declared that her name was Jane Webb ;
and, by that appellation, she was committed to Newgate.
On her trial, a gentleman who had detected her in the act of picking the
prosecutor's pocket, deposed, that a person had applied to him, offering £50,
on condition that he should not appear in support of the prosecution ; and a
lady swore that, on the day she committed the offence for which she stood
indicted, she saw her pick the pockets of more than twenty different people.
The record of her former conviction was not produced in court ; and she was
therefore arraigned for privately stealing, and on the clearest evidence, the
jury pronounced her Guilty. The property being valued at less than one
shilling, she was sentenced to transportation. A twelvemonth had not
elapsed before she returned from transportation a second time ; and on her
arrival in London, she renewed her former practices.
A lady going from Sherborne-lane to Walbrook, was accosted by a man,
HENDERSON AND NISBET. 445
who took her by the hand, seemingly as if to assist her in crossing some
planks that were placed over the channel for the convenience of passengers ;
but he squeezed her fingers with so much force, as to give her great pain ;
and, in the mean time, Mary picked her pocket of thirteen shillings and a
penny. The lady, conscious of being robbed, seized the thief by the gown,
and she was immediately conducted to the compter. She was examined the
next day by the lord mayor, who committed her to Newgate in order for trial.
At the ensuing sessions at the Old Bailey, she was tried on an indictment
for privately stealing, and the jury brought in the verdict Guilty ,- in conse-
quence of which, she received sentence of death.
On the following morning, she appeared to be composed ; but being brought
into the press-yard, where the executioner approached to put the halter about
her, her fortitude failed ; but in a short time her spirits were again tolerably
composed. She was conveyed to Tyburn in a mourning coach, attended by
a clergyman. At the place of execution, she employed a considerable time in '
fervent prayer. She suffered on the 18th March, 1740; and her remains
were, by her particular desire, interred in St. Pancras churchyard.
GEORGE HENDERSON AND MARGARET NISBET,
FOR FORGING A BILL UPON THE DUTCHESS OF GORDON. 1726.
In the beginning of May, 1726, it was discovered that one Petrie, a town-
officer in Leith, held the dutchess of Gordon's bill for £58, which had been
delivered to him, blank endorsed, by Mrs. Macleod, as a security for £6, for
which sum her husband had been laid in prison. The bill was drawn by George
Henderson, accepted by her grace, endorsed by Henderson the drawer, to Mrs.
Macleod, and blank endorsed by Mrs. Macleod ; and in virtue of this blank
endorsation Petrie the town-officer held it. The holder of the bill was appre-
hended and brought before the magistrates of Edinburgh; in a few days after
Mrs. Macleod and Mr. Henderson was also brought before them. It was
manifest that the dutchess of Gordon's acceptance was a forgery, but the point
in dispute was, whether this forgery was contrived by Mr. Henderson, the
drawer and endorser, or Mrs. Macleod, the endorsee.
Upon the 5th of May, Petrie was brought before the magistrates, and told
the manner in which he came by the bill. Henderson was at the same time
brought before them, who denied all knowledge concerning it. Mrs. Macleod
was apprehended on the 7th, and examined, and she and Henderson being
confronted with each other, the former judicially declared, that the bill and
other deeds challenged were written by Henderson, who denied all know-
ledge concerning them. Upon which, Mr. Henderson and Mrs. Macleod were
committed close prisoners.
John Gibson, wright in the Canongate of Edinburgh, deposed that he knew
Mr. Henderson then at the bar, having seen him several times, and been once
in company with him. Deponed that, on the 3d of May last, about nine
at night, as he was going down the Canongate, he met Mr. Henderson and
Mrs. Macleod, who went along with him to the deponent's house ; he there
saw Mr. Henderson sign the obligation to Mrs. Macleod now exhibited ; the
deponent read it over, and signed as witness to Mr. Henderson's subscription,
and the deponent's two daughters and Archibald Dempster were present.
Part of this deed was written before the deponent saw it, but the last part of
it, viz. from the following words, " before these witnesses," downwards was
written with Mr. Henderson's own hand, in the deponent's presence. They staid
in his house almost an hour ; and, during this time, Mr. Henderson repeatedly
♦
. •■♦ ' ■
• -if-
446 HENDERSON AND NISBET,
desired of Mrs. Macleod " that she should delay and keep herself quiet till
Saturda}'. and she should have her money, which she refused to do unless he
signed the obligation." Mr. Henderson, Mrs. Macleod, and the deponent
then went down the Canongate together. When they were before deacon
Lauchlan's house, Mrs. Macleod told Mr. Henderson she had intimated the
bill to the dutchess' gentleman ; whereupon he, Henderson, clapped upon his
breast, and said, "0, good God, that is all wrong, why have you done so ]"
and upon this he immediately left them. Deposed, that Mr. Henderson had
on dark coloured clothes and a black w ig, such as he now wore. And being
interrogated if he knew one David Household, alias Cameron ] deposed he
knew no such person.
Archibald Dempster, servant to .Tames Aitkin, wright, deposed that, on the
3d of May last, alter nine at night, he was sent for by John Gibson, the pre-
ceding witness, to his house. He found there, Mr. Henderson, Mrs. Macleod,
Gibson, his wife, and two daughters. Henderson was then writing a paper,
which the deponent saw him subscribe ; Gibson signed as witness to the
deed, and desired the deponent to do the same. He hesitated, lest it might
be the cause of his afterwards being taken from his work, or of otherwise
being brought into trouble. But Mr. Gibson said, it was no more than an
obligation which Mr. Henderson was giving Mrs. Macleod for some money,
and that he would pay against Saturday, and the deponent would not get into
trouble about it ; upon which he signed as witness, and then went immedi-
ately to his master's house. Being interrogated, deposed, that he never saw
Mr. Henderson before that night, nor since, except once about three weeks
after, when he, Mr. Henderson, was brought before the magistrates of Edin-
burgh. He thought that Mr. Henderson, then at their lordship's bar, was the
same person whom he saw at Mi. Gibson's, and afterwards before the magis-
trates.
Catherine Gray, servant to Alexander Hope, tailor, in Canongate, deposed,
that she had frequent occasion of seeing and knowing George Henderson at
the bar, and, particularly, on the 3d of May last, on which the deacons of the
corporations of the Canongate were chosen: she saw the said George Hen-
derson, the prisoner, about nine o'clock at night, coming up the Canongate
in company with Mrs. Macleod, the other prisoner; and, a little above the
Canongate-cross, she saw them meet with John Gibson ; and the deponent,
having asked Mrs. Macleod if she had got payment of her money due to her
by Mr. Henderson, she said Mrs. Macleod answered, that she was just going
to get security for it. Being interrogated for Mr. Henderson, she deposed,
that she did not know, and, to her knowledge, never saw the person named
David Household.
William Petrie, town officer in Leith, deposed that, on the 5th of February
last, Mrs. Macleod delivered a bill to him for £58. which was drawn by Mr.
Henderson, and accepted by the dutchess of Gordon, endorsed by Mr. Hen-
derson to Mrs. Macleod, and blank endorsed by her. She gave this bill to
deponent in security for £6 Is. which he advanced to her in order to relieve
her husband, Mr. Macleod, out of prison. Deposed, he knew nothing as to
the verity of the subscriptions, farther than Mrs. Macleod said it was a true
bill. To the best of his remembrance, she said the cause of her getting that
bill was tea and other goods she had furnished Mr. Henderson. Deposed
that, about three years ago, Mrs. Macleod delivered to him, in security of a
debt she owed him, a bill for £38 or £40, drawn in the same manner by
George Henderson, and accepted by the dutchess of Gordon, and that Mrs.
Macleod paid him punctually the sum she had borrowed iipon the pledge of
this bill, and took up the same; and she made use of this as an argument for
the deponent's advancing her the £*'> upon the bill prodticed in process. The
deponent did not demand payment of the bill from the dutchess of Gordon, for
he was prevented from doing so during the whole month of April, by Mrs.
Macleod's telling him that the dutchess was then occupied with her devotions,
4->'
FOR FORGERY. 447
and that her gentleman, Mr. Gordon, was in the north upon whose return the
bill would be paid. She added, that she had been to wait upon her grace,,
had been kindly entreated, and had got a glass of some liquor out of the
dutchess's hand. At last, the deponent became suspicious about the verity
of the bill, and he told Mrs. Macleod, that, unless she got a letter from Mr.
Henderson, declaring the verity of the bill, he would protest it; upon which
she brought him the letter from Mr. Henderson now produced in process, but
the deponent desired her to get an obligation from Mr. Henderson for the
amount, signed before witnesses; she accordingly called on him, and showed
him the obligation now produced in process. This he thought happened a
day or two before the deponent was apprehended by order of the magistrates,
which, to the best of his recollection, was upon the 4th day of May last. It
was about ten o'clock at night when she called and showed him the obligation.
Alexander Nicolson, tailor in Edinburgh, being specially questioned, whe-
ther Mrs. Macleod at any time promised him any thing to be a witness in this
cause, deposed that, about eight days after he was examined before the magis-
trates, the deponent having occasion to be in the tolbooth of Edinburgh, Mrs.
Macleod Avhispered to him, that it should be better than £i sterling to him,
if he would depose that he had carried a message from Mrs. Macleod to Mr.
Henderson to come to her; that he came accordingly, and the deponent saw
him deliver to Mrs. Macleod an accepted bill by the dutchess of Gordon ; but
the deponent answered, his conscience would not allow him to declare any
such thing. Deposed, that he afterwards got a letter from Mrs. Macleod,
threatening him that, in case he should declare any thing contrary to what he
said before the magistrates, the king's advocate would put him in prison : and
that he showed the said letter to several, and particularly to Mr. Henderson's
agent, Mr. Donaldson, and that the deponent had since lost the said letter out
of his pocket. That in Fcljiuai j laat, when ho wofB working in Mrs. Macleod's
house, he heard her railing against a maid-servant for want of some money,
and that a man came into the room whom the deponent did not know, nor
remember; and that, when he was gone, Mrs. Macleod came to him, and said
she had got a bill from him, and said, it would be good money to her. Mr.
Henderson at the bar, being pointed out to the deponent, and asked if it was
the man that was in Mrs. Macleod's house the time deposed? he said he had
not seen the said man now pointed out to him in Mrs. Macleod's house, either
that or any other time. He thought the man who came into Mrs. Macleod's
had on a dark-coloured wig.
Captain Neil Macleod, deposed, that he had a servant, one David House-
hold, a lad about seventeen years of age, who left his service at Michaelmas
last, and whom he had frequently seen write. The letter from Henderson to
Petrie, and the obligation by Henderson to Mrs. Macleod being shown to
him, he deposed, that he could not say any thing to the letter, but, as to the
other obligation, he said that, to the best of his knowledge, it was the hand-
writing of the said David Household. He deposed, that Household was not
of a slender make, that he wore his own black hair, and was about the head
lower than Mr. Henderson ; but he had seen him since wearing a light-co-
loured wig.
Patrick Innes, writer in Edinburgh, deposed, that Mrs. Macleod having
shown the deponent the obligation subscribed by Mr. Henderson, and pro-
duced in process, told him, that the motive of Mr. Henderson endorsing the
dutchess of Gordon's bill to her was, that he might conceal an unlawful cor-
respondence which he kept with one Helen Moody, a servant of hers, and
carry the said Helen out of the country. Mrs. Macleod told the deponent
this in the house of .Tohn Gibson, on the 4th or 5th of May. Being interro-
gated if he knew that Mrs. Macleod kept out of the way on account of this
bill, he deposed, that Mrs. Macleod absconded for three days, and told the
deponent, that the reason of her doing so w^as, that Petrie had a warrant to
apprehend her, and that she expected payment before eight o'clock on Satur-
448 HENDERSON AND NISBET,
day night, from Mr. Henderson, and that then she would give them all the
tail of a long tow.* The deponent went with Mrs. Macleod to one doctor
Smith, who was well acquainted with the dutchess of Gordon, and requested
him to intercede with her grace, that she would pass from any ground she had
for challenging the bill ; but this the doctor positively refused, upon which
Mrs. Macleod said she was undone.
Mary M'Aulay, widow of Alexander M'Lellan, barber in Leith, deposed
that, some few days after Mrs. Macleod was made prisoner, the deponent saw
in her house one David Household, who told her that, a few days before Mrs.
Macleod was apprehended, he, at her desire, put on a coat of her husband's,
and went with her to the Canongate, and in some house there, he assumed
the name of Henderson, and, under that name, subscribed a paper, in presence
of two witnesses, one of them a married man, and the other a young lad ; and
he said it was on account of this paper that Mrs. Macleod was put in prison.
He added, that the reason she gave for his putting on her husband's coat was,
that he might appear like Henderson. Household expressed his sorrow for
what he had done, said he was not aware of his hazard, but now he was in
danger of his life, and was resolved to fly the country ; that he was afraid to
cross at Leith, lest he should be apprehended, and would cross at Queens-
ferry. And the deponent believed that he fled accordingly.
The trial had proceeded thus far, neither party being able to produce more
witnesses to support their mutual recrimination and defence, when the lord
advocate represented to the court, that, as the eviden(;e given must have esta-
blished with their lordships a conviction of Mr. Henderson's guilt, the duty
of his office required it of him, to ask their lordships to pronounce a decree,
finding the bill drawn upon the dutchess of Gordon to be forged by the pri-
soner Henderson, and therefore remitting him to the court of justiciary, that
he might Suftbr a capital punichment.
The counsel for Mr. Henderson urged in his defence, that, notwithstanding
the direct testimony which was given by several witnesses, of his having
granted the obligation relative to the forged bill, yet, having visited him in
prison, and repeatedly examined him in private, in the most solemn manner,
the simplicity, uniformity, and steadiness of his answers to the counsel's in-
terrogatories, gave the latter, if not a perfect conviction, at least a strong
belief, that Henderson was truly innocent. The counsel, therefore, requested
of their lordships, that they would not be hasty to endjraco, nor resolute to
conclude, a decided opinion of Henderson's guilt; for that even procrastina-
tion was not a fault, when the life of a man was at stake. And he entreated
their lordships to spare his feelings of the pam it would give them, to see a
sentence pronounced on almost the last day of a session, which was to be the
foundation of a capital punishment being adjudged to a man, of whose inno-
cence he still entertained a strong persuasion. The solemn and animated
address of the counsel made a forcible impression upon the court, and their
lordships delayed the cause till the next session.
During the vacation, a singular coincidence of circumstances occurred,
which was the means of vindicating Henderson's innocence, and of detecting
a profound scheme of fraud, not less ingeniously contrived, than dexterously
executed.
The lord advocate, when going north to his house at Culloden, paid a visit
to Mr. Rose, of Kilravock. Mr. Rose showed his lordship a house he was
building; and, happening to miss one of the carpenters whom he thought an
expert workman, he asked the overseer what was become of him ■? the over-
seer taking Mr. Rose aside, bid him take no further notice of this, for the
young man, upon hearing that the lord advocate was to be at Kilravock, de-
clared it was high time for him to leave the country; and that he would im-
mediately go to Aberdeen, and take ship for London. Mr. Rose communi-
* The swing of a rope.
»\
FOR FORGERY. 449
cated this to his lordship, who asked the overseer the carpenter's name, and
if he knew of any crime that the carpenter had committed 1 The overseer
answered, that the man's name was David Household, and he suspected the
crime was beino- accessory to some forgery. The lord advocate immediately
despatched a messenger to Aberdeen, who apprehended Household, and carried
him prisoner to Edinburgh.
Upon the commencement of the winter session, Household, being brought
before their lordships, and examined, deposed that, in the beginning of the
year, he, at the desire of Mrs. Macleod, wrote the bill produced in process,
which she dictated to him, and he, in particular, wrote the name of George
Henderson, both as drawer and endorser; but the word Gordon he did not
write. At another time Mrs. Macleod carried him to a gardener's house
without the Watergate, at the foot of the Canongate; but, before taking him
there, she put on him a coat belonging to her husband, and a black knot-
ted perriwig, and told him, that she was to bring him into the company of
two honest^men, before whom he must personate George Henderson. The
deponent did as she desired, and, in the gardener's house at the Watergate,
she dictated to him a part of the obligation now produced. She then took
him to a Wright's house in the Canongate, on the south side of the street, and
there, in presence of the wright, and of a boy called Dempster, Mrs. Macleod
dictated, and the deponent wrote, the remainder of the obligation, and sub-
scribed it George Henderson, in presence of the wright, and of Dempster,
who subscribed as witnesses.
The letter produced in process from George Henderson to William Petrie,
being likewise shown to the deponent, he deposed, that he wrote it also at
the desire of Mrs. Macleod, who dictated the same to him, and this happened
before he wrote the obligation above mentioned. Deposed, that after Mrs.
Macleod was put in prison, a highlandman came to him, and said, that he
was sent by Mr. Macleod, Mrs. Macleod's husband, to persuade him to ab-
scond on account of the papers he had written : this he thought unnecessary,
as he wrote them at the desire of another, and was altogether ignorant of the
import of the said writings ; but, upon advising with some friends, he was
convinced of his danger, and he absconded.
John Winchester, clerk to the comptroller of the customs at Leith, deposed,
that he was intimately acquainted with David Household ; that some time in
May last, the deponent went to see Household, who was then working aboard
captain Marsham's ship, which was lying in Leith harbour ; but was told
that Household was not to be found. He called a second time, and the mate
of the ship brought Household to him. The deponent asked, what was the
matter with himl He answered that he was obliged to hide himself, for
Mrs. Macleod had induced him one day to go to a house in the Canongate
with her, and there to write out a bill for her for about £50 or £GQ in pre-
sence of two witnesses, but the deponent did not remember what he said
about subscribing the bill. Deposed, that he said to Household, he would
be hanged for so doing; to which Household answered, he was resolved to
fly ; and added, that he had received a message from Mrs. Macleod's hus-
band to abscond. The deponent asked him, if it was on account of this bill
that Mrs. Macleod was put in prison 1 to which he answered, that it was the
very same. The bill, letter, and obligation in process, being shown to the
deponent, he deposed, that he was well acquainted with Household's hand-
writing, and he believed the said deeds to be written by him.
Archibald Dempster, a preceding witness, being re-examined, and his for-
mer deposition read over to him, deposed, that nobody instructed him as to
what he was to say in that deposition, nor promised him any reward on that
account. Being confronted with Henderson at the bar, and with David
Household, and being desired to look narrowly upon the said David, and
upon George Henderson at the bar, in order to declare upon oath, which of
the said two was the person who wrote and subscribed the obligement in the
2 p 2 57
450 HENDERSON AND NISBET,
house of John Gibson, mentioned l)y the deponent in his former oath, he
said, that he did believe that the said person was David Household, and not
George Henderson.
The second part of this plot being- performed, and the "plot detected," it
remained now but for public justice to bring the matter to a catastrophe.
Upon the 8th of December, the lord advocate represented to the court, that
it was manifest that the dutchess of Gordon's bill was a forgery ; that it was
evident from the proof that Henderson was innocent of the forgery, who,
therefore, ought to be acquitted; and that Mrs. Macleod was guilty of the
same, as well as of counterfeiting the letter and obligation produced in pro-
cess. This, his 'lordship said, was established by Household, who, at the
desire and by the contrivance of Mrs. Macleod, actually forged the deeds;
by Dempster, who, in his second deposition, ingenuously and satisfactorily
accounted for the mistake into which he was led in his first, by the artful
contrivance of Mrs. Macleod ; by comparing the deeds produced with the
handwriting of Household, taken down in their presence; and by the evi-
dence which Henderson led of an alibi. He added, that she had formed a
malicious intention to hang her neighbour, and it was but just she should fall
into her own snare. Upon the whole, his lordship observed, that by her art-
ful and horrid contrivance, Mrs. Macleod had wellnigh made "an innocent
man suffer death. That this contrivance was, by the good providence of
God, discovered : and concluded, that, therefore, the said Mrs. Macleod was
guilty of forgery, and ought to suifer the pains of death." The solicitor-
general added, " that there was such a horrid design, and so artfully laid,
that, at first, he firmly believed Henderson guilty ; nay, and could appeal
to all, if Household had not been apprehended, they had not condenmed
Henderson."
The court found that Mrs. Macleod was guilty of the said forgeries; and
they reduced the deeds, remitted Mrs. Macleod to the court of justiciary, ac-
quitted Mr. Henderson, and dismissed him from the bar.
Mrs. Macleod was then served with a criminal indictment at the instance
of his majesty's advocate, setting forth, that the crime of forgery, or the
using of forged deeds, was punishable with death and confiscation of move-
ables, and other pains of law ; that, nevertheless, Mrs. INIacleod had been
guilty of all, or one, or other, of these crimes, in so far as she had forged
a bill upon the dutchess of Gordon, &c. &c. That the court of session had
pronounced a sentence, declaring the bill, &c. to be forgeries, and that the
prisoner was guilty of the same, and therefore remitting her to the court of
justiciary; and that the extracted, i. e. authenticated decree of the court of
sessions was lodged with the clerk of the court of justiciary. All which, or
any part thereof, being found proven against her, she ought to be punished
with the pains of death.
The prisoner and the public prosecutor were heard by counsel. It was
objected for her, that forgery, by the law of Scotland, did not infer a capital
punishment: that she was not accused of having actually committed the
forgery, but only of being art and part : that she had not used the bill with
an intent to defraud, but merely as a fund of credit for a small sum of money,
which she meant honestly to repay ; and that the decree of the court of ses-
sion was neither to be held as determining the relevancy of the indictment,
nor zs probatia proba/a, or evidence not to be controverted of the prisoner's
guilt. Informations for both parties were also lodged by order of the court.
But, as the defences stated for the prisoner were overruled, and as these gene-
ral points of law, and of form, are now established by subsequent practice, it
is needless to state the arguments which they contained.
The decree being read, the court ordered the assize instantly to inclose :
the jury returned a verdict, unanimously finding the indictment proved, and
the prisoner guilty, art and part, of the crimes libelled. The court adjudged
the prisoner to be hanged on the Slli of March.
JOHN CHISLIE. 451
She went to the place of execution dressed in a black robe and petticoat,
with a large hoop, a white fan in her hand, and a white sarsnet hood on her
head, according to the fashion of the times. When she came upon the scaf-
fold, she put off the ornamental parts of her dress, pinned a handkerchief
over the breast, and put the fatal cord about her neck with her own hands.
She persisted to the last moment in the denial of her guilt, and died with
great intrepidity.
JOHN CHISLIE, OF DALRY,
FOR THE MURDER OF THE RIGHT HON. SIR GEORGE LOCKHART, OF CARNWATH,
LORD PRESIDENT OF THE COURT OF SESSION, AND MEMBER OF HIS
majesty's PRIVY COUNCIL. IST OF APRIL, 1689.
The prisoner was brought to trial before sir Magnus Prince, lord provost
of Edinburgh, as high sheriff within the city, and James Graham, John
Charteris, Thomas Young, and William Paton, baillies, the murder having
been committed within the city.
The prisoner was brought before the lord provost, on the 1st of April, 1689,
to be examined concerning the murder of sir George Lockhart, committed on
the day preceding. Sir John Lockhart, of Castlehill, brother, and Cromwell
Lockhart, of Lee, nephew, of the deceased, appeared in court; and, in their
own name, and in that of the children of the deceased, gave an act of the
meeting of estates of parliament, passed that day, of the following purport:
that the estates having considered the supplication of the friends of the de-
ceased sir George Lockhart, for granting warrant to the magistrates of Edin-
burgh, to torture John Chislie, of Dairy, perpetrator of the murder, and Wil-
liam Calderwood, writer in Edinburgh, an accomplice ; therefore, in respect
of the notoriety of the murder, and of the extraordinary circumstances attending
it, the estates appoint and authorize the provost, and two of the baillies of
Edinburgh, and likewise the earl of Errol, lord high constable, and his depu-
ties, not only to judge of the murder, but to proceed to torture* Chislie, to
discover if he had any accomplices in the crime : and they appointed two
of each bench,f viz. the earls of Glencairn and Eglinton; sir Patrick
Ogilvie, of Boyne ; sir Archibald Murray, of Blackbarony ; sir John Dal-
rymple, younger, of Stair ; and Mr. William Hamilton, advocate, assessors
to these judges. The estates at the same time declare, that, this extraordi-
nary case shall be no precedent to warrant torture in time coming, nor argu-
ment to ratify it as to the time past.
The lord provost then entered a protest, that this act of the estates of par-
liament should not infringe the ancient liberties of the city; and Mr. David
Drummond, advocate, one of the earl of Errol's deputies, protested, that the
lord high constable's absence should not affect his right to judge in the like
cases, the murder having been committed during the meeting of the estates.
Being desired to concur with the magistrates in sitting on this trial, he re-
fused to sit, unless the earl of Errol, or his deputies, were sole judges.
The prisoner was then put to the torture, and declared that he was not ad-
vised to the assassination of sir George Lockhart by any person whatever :
* By the act and declaration which the estates of parliament passed, just ten days after
this trial, declaring king James to have forfaulted the crown, by illegal assumption and
exercise of power, they declared, "That the use of torture, without evidence, and in ordi-
nary crimes, is contrary to law." Act of Estates, 11th April, 1684.
tThe Scottish parliament composed but one ttouse. It consisted, after the revolution, of
three classes, the temporal peers, the barons, i. e. knights of the shire, and the burgesses,
or representatives of the royal boroughs.
452 JOHN CHISLIE.
that when at London, he told James Stewart, advocate, that if he got no satis-
faction from the president, he would assassinate him ; and told the same to a
person there of the name of Callender, and to Mr. William Chislie, his uncle.
He confessed that he charged his ])istol on Sunday morning, and went to the
new kirk, and, having seen the president coming from the church, he went to
the close where the president lodged, followed him, and, when just behind,
his back, shot him : that he was satisfied when he heard of the president's
being dead ; and, on hearing it, he said, " he was not used to do things by halves.''''
He also confessed, that, when at London, he walked up and down Pall-mall
with a pistol beneath his coat, lying in wait for the president.
The indictment against the prisoner was raised at the instance of .John Gib-
son, procurator-fiscal of the city of Edinburgh ; of sir John Lockhart, of Cas-
tlehill ; and Cromwell Lockhart, of Lee. Itsetforih, that assassination, mur-
der, and manslaughter were contrary to the laws of God, nature, nations, and
the laws and acts of parliament of this kingdom; that, nevertheless, the pri-
soner had, of forethought felony, without the least provocation, murdered sir
George Lockhart in the manner already mentioned: that the prisoner was
caught red-hand,* by a multitude of witnesses, before whom he boasted of
what he had done, as if it had been some grand exploit, by all which he was
guilty of murder, or at least was art and part accessary to the same ; for which
he ought to be punished with death, and his moveables confiscated.
The jury consisted of ten landed gentlemen, and five merchants of Edin-
burgh.
The prisoner judicially confessed the crime libelled, and declared that he
committed the murder, because he thought the deceased had given an un-
just sentence against him. Being asked, " if it was not a sentence pro-
nounced in favour of his wife and children for their aliment'? he declared he
would not answer to that point, nor give any account thereof."
Witnesses were then adduced, who deposed as follows :
James Stewart, advocate, deposed, that in the month of September or Octo-
ber preceding, the prisoner discoursing with him concerning the injustice done
to the prisoner, in a decreet-arbitral, pronounced by sir George Lockhart and
lord Kemney, in favour of his wife and children, for an aliment, said, he was
resolved to go to Scotland before Candlemas, and kill the president ; to which
the witness answered, it was the suggestion of the devil, and the very ima-
gination of it a sin before God. To this the prisoner replied, "let God and
me alone ; we have many things to reckon between us, and we will reckon
this too." The witness told this to many, and understood that the president
was informed of the prisoner's menaces, but despised them.
Mr. William Chislie, writer to the signet, deposed, that he had not seen
the prisoner since April, 1688, who then expressed his resentment against sir
George Lochkart; threatening to assassinate him for having decreed an ali-
ment of 1700 merksf yearly to the prisoner's wife and ten children. The
witness told the president of it, but he despised the threat.
Mr. Daniel Lockhart, advocate, and Mr. Alexander Walker, student of
divinity, saw the prisoner shoot the deceased : they seized him ; and the latter
of these witnesses assisted in carrying him to the guard. When seized, the
prisoner said, "he had done the deed, and would not fly; and that was to
learn the president to do justice."
Sir David Hay, doctor of medicine, was going to visit the president's
lady. As he entered the close, ij^ he saw the president stagger and fall to
the ground. He bled at the mouth ; was carried into his house, laid upon
* Ked-liand is a term in the Scottish law, signifying a criminal's being caught in the fart.
At! and part is also a term in our law, denoting that the person to whom it is apphed, is
aiding and abetting in the ease. Art and part is a translation of opje et consilio.
t About £93 sterling.
t It was the close on the south side of the Lawnmarket, now called the Banii Close, from
the bank of Scotland being there.
#
DUKE OF CUMBERLAND.
453
some chairs, and immediately expired. He saw John Bailie, surgeon, probe
the wound. The ball went in at the back, and out at the right breast.
The jury all in one voice, by the mouth of sir John Foulis, of Ravelstoun,
their chancellor (i. e. foreman), found by the prisoner's judicial confession,
that he was guilty of the murder of sir George Lockhart, &c. ; and by the
deposition of witnesses, that he was guilty of " murder out of forethought
felony,'''' The verdict was subscribed by the whole jury.
The lord provost and baillies of Edinburgh sentenced the prisoner as fol-
lows : —
That he be carried on a hurdle from the tolbooth of Edinburgh, to the mar-
ket-cross, on Wednesday, the third of April, inst. ; and there between the
hours of two and four of the afternoon, to have his right hand cut oft' alive,
and then to be hanged upon a gibbet, with the pistol about his neck, with which
he committed the murder. His body to be hung in chains between Leith
and Edinburgh ; his right hand fixed on the West Port, and his moveable
goods to be confiscated.
WILLIAM HENRY, DUKE OF CUMBERLAND,
FOR ADULTERY WITH LADY GROSVENOR, MARCH, 1770.
Although we have forborne to introduce trials of this nature, yet as the
parties were so distinguished, and the affair has never ceased to create a
great public interest, this work would be incomplete without the present ar-
ticle. We have, nevertheless, forborne to introduce any subject which might
offend any sense of decency.
The duke of Cumberland was the youngest surviving brother of George
III. and at the time of this intrigue was in his twenty-fourth year ; lady
Grosvenor was about the same age, and had been married about five }'^ears
to Richard, lord Grosvenor, and in the interim had had two sons, one of
whom was subsequently the earl Grosvenor. She was a lady of pre-eminent
beauty, daughter of Henry Vernon, esq., and his lordship had fallen in love
with her at an accidental meeting in Kensington gardens.
Numerous witnesses were examined, and the first was lady D'Onhoff", who
proved the recent meetings of the duke and her ladyship, and determined the
following letters, which were adduced in evidence, to be in the handwriting
of the duke of Cumberland.
"JWj/ ever dearest Love, — How sorry I am that I am deprived the plea-
sure of seeing this evening but especially as you are in pain God grant
it over upon my knees I beg it although it may go off" for a few days it
must return, and then you will be easy, my only joy will be happy; how
shall I thank for your very kind note, your tender manner of expressing your-
self, calling me your dear friend, and at this time that you should recollect
me. I wish I dare lye all the while by your bed, and nurse you — for you
will have nobody near you that loved you as I do ; thou dearest an-
gel of my soul ! 0, that I could but bear your pain for you I should be happy,
what grieves me most that they who ought to feel don't know inestimable
prize the treasure they have in you — thank God if it should happen now, Mr.
Croper is out of town, and you may be quiet for a few days, — I shall go out
of town to-night, but shall stay just tor an answer, pray, if you can just write
me word how you find yourself, 1 shall be in town by eight to-morrow even-
ing in hopes of hearing again, I am sure my angel is not in greater pain than
what my heart feels for my adorable angel — I sent this by D servant, she
454 DUKE OF CUMBERLAND,
is ^one to Ranelagh, do if you write, direct it to her, the boy has my orders,
and will bring it to me — Adieu, God bless you, and I hope before morning
your dear little one."
Directed to lady Grovesnor,
" My dear little a^igcl, — I am this instant going out of town, ten thousand
thanks for your kind note, 1 am sure nothing could make my aking heart to-
night bearable to me, than when you say you are sensible how much I love
you, pray God it may be over before morning, or that you may be better,
I shall be in town at eight o'clock, for I shall long to know how you are,
don't mention to D. that I wrote by her servant to you, for I have ordered
him not to tell — Adieu, good night. God bless the angel of my soul, joy,
and happiness, without whom 1 have no comfort, and with whom all happi-
ness alive au revoir I hope very very soon."
Directed to lady Grovesnor.
'■'■My dear little atjgel, — I wrote my last letter to you yesterday at eleven
o'clock, just when we sailed, I dined at two o'clock, and as for the
afternoon I had some music, 1 have my own servant on board that
plays, and a couple of hands from London for the six weeks 1 am out
— We were a good many at dinner, I had about nine people yesterday,
and shall have more when the rest of my squadron joins me, they staid
with me till near seven — I got to supper about nine o'clock but I could
not eat, and so got to bed about ten — I then prayed for you my dearest love,
kissed your dearest little hair and laye down and dreamt of you, had you on
the dear little couch ten thousand times, in my arms kissing you, and telling
you how much I loved and adored you and you seemed pleased, but alas !
when I woke I found it all delusion, nobody but myself at sea, I rose by time
at half-past five and went upon deck, there I found my friend Billy, and
walked with him for about an hour, till Barrington came to lue, we then
breakt'dsted about eight o'clock, and by nine I began and exercised the ships
under my command till twelve, it is now one, and when I finish this letter to
you my dearest love, I shall dress and go to dinner at two o'clock, it is a rule
on board to dine at two, breakfast at eight, and sup at nine — always, if no-
thing hinders me, 1 shall be a-bed by ten or soon after, and up by half-past
five in the morning, in order to have, if there is any occasion, orders ready
for the fleet under my command before I begin to exercise them — I am sure
the account of this day's duty can be no pleasure to you my love, yet it is ex-
actly what I have done, and as I promised you always to let you know my
motions and thoughts, I have now performed my promise this day to you, and
always will, until the very last letter you shall have from me, which will be
when I between five and six weeks hence send the Admiralty word that I atn
arrived at Spiihead, then I shall only wait just for their answer which will
be with me in a few hours, to strike my flag, and then I shall return to you
that instant. O ! my love, mad, and happy beyond myself, to tell ynu how
I love you and have thought of you ever since I have been separated from
you, the wind being contrary to-day, about one, I put off" dinner till three
o'clock, in order to anchor ships for this night, in Portland Road, just oif
Weymouth, about two miles, I hope to sail to-morrow by five o'clock in the
morning, I hope you are well, I am sure I need not tell you I have had no-
thing in my thoughts but your dear self, and long for the time to come back
again to you, I will all the while take care of myself because you desire my
dear little friend, does the angel of my heart, pray do you take care of your-
self, for the sake of your faithful servant, who lives but to love you, to adore
you, and to bless the momeiit that has made you generous enough to own it to
him. I hope my dear, nay, I will dare to say you never will have reason to repent
it, the wind was not so contrary but we could have sailed on, but I told Bar-
rington that as it was not fair I would anchor, especially as I could send one
FOR ADULTERY. 455
of my frio-ates in, for that I had despatches of consequence to send to London ;
indeed my dear angel I need not tell you, I know you read the reason too
well that made me do so, it was to write to you, for God knows I wrote
to no one else, nor shall I to any other but the king-. God bless you, most
amiable and dearest little creature living— ^(/ftons toujours mon adorable pe-
tite amour je vous adore pins que la vie meme.
" I have been reading for about an hour this morning in Prior, and find
these few lines just applicable to us —
' Now oft hnd Henry changed his sly disguise,
Unmarked by all but beauteous Harriet's eyes;
Oft had found means alone to see the dame,
And at her feet to breathe his am'rous flame ;
Anil oft the pangs of absence to remove
Bv letters, soft interpreters of love,
Till time and industry (the mighty two
That bring our wishes nearer to our view) ;
Made him perceive that the inclining fair
Received his vows wuh no reluctant ear ;
That Venus had confirmed her equal reign,
And dealt to Harriet's heart a share of Henry's pain.'
" Such is my amusement to read those sorts of things that puts me in mind
of our mutual feelings and situations ; now God bless you till 1 shall again
have an opportunity of sending to you. I shall write to you a letter a day,
as many days as you miss herein of me, when I do they shall all come Fri-
day, sixteenth of June, God bless, I shant forget you, God knows you have
told me so before, I have your heart and it lies warm in my breast, I hope
mine feels as easy to you, thou joy of my life, adieu.
Directed to lady Grovesnor.
Portland Road, Saturday, 17th June
'■'■My ever dearest little Angel, — The wind to-day is not fair, so 1 shall lay
here in Portland Road till it is, and take this precious moment in sending this
other note to you, I hope it will find you well, and that you are not afraid of
being gone out of town before I return back to you, thou lovliest dearest soul !
I have been reading since my last note of j^esterday to you a great deal out
of Prior, keeping the heroine, bye till I have read quite through, and find
many things in it to correspond with us exactly,
' Hear, solemn Jove ; and conscious Venus, hear ,
And thou, bright maid, believe me, whilst I swear
No time, no change, no future flame, shall move
The well-placed basis of my lasting love.'
" Do not think I wanted this book with me to tell me how w^ell T loved you,
you know the very feelings of niy heart, yet it is great pleasure when I am read-
ing to find such passages that coincide so much with my own ideas of dear
you, I will write constantly, it is my only entertainment that and hearing from
you, will be, except my duty on board, the only thought or employment I shall
have or even wish, I have just now^ had a message from shore, it is about two
miles from Weymouth, to go to the rooms this morning, I have excused my-
self being much quieter on board and happier in writing to you, you are not
there, or else the boat that should carry me would go too slow, I long for
that happy moment that brings me back again to all I love and to all that I
adore — indeed I am sorry my letters are so stupid, pray write to me, you know
whether to send them, to send them to D or to Mrs. Reda, — I long to hear
from you, it is now within two days of a fortnight, indeed it seems forty thou-
sand years, how happy when we meet, that our letters has opened to each
other the very feelings of our honest hearts, permit me to name yours with
mine, then they will be words and happy looks from two of the most sincere
friends alive, your heart is well although fluttered w^hile I write to you, I
hope mine is flurried too, they ought to have the same emotions, I know they
456 DUKE OF CUMBERLAND, •
have, they are above dissembling, I must now conchide, God bless you, I
send you ten thousand kisses, pray when you receive this return them to me
for I want them sadly.
'■'■Jidltu jt vou aime adorable petite creature J e vous adore ma chere petite bejoux
Varnant de mon coevr.
" God bless I will write constantly."
Directed to Lady Grovesnor.
Different innkeepers were then examined, who proved that the duke and
lady Grosvenor had travelled and slept together as man and wife at their
houses. The duke always appearing in disguise, in a dark brown wig drawn
over his forehead, with his hat pulled over his face, and in a dark brown
great-coat. Besides meeting her in many places in London, he followed her
to Eaton Hall, near Chester, M'here he lived incog, at the public houses in
the vicinity, meeting her ladyship in the fields. This part of the evidence
is curious.
Mary Jones, wife of John Jones, of Marford hill, in the county of Flint,
innholder, aged forty-six years, deposed, that she and her husband, John
Jones, keep an inn, known by the name of the Toll-house, at Marford hill, in
the county of Flint, about six miles and a half from Chester : that she had
no knowledge of lord Grovesnor or lady Grovesnor ; but had seen them both ;
and that, on Wednesday, to the best of her knowledge, the 1st day of No-
vember, 1769, three persons came to her house at Marford hill, on horse-
back, with bags, about eleven o'clock in the morning ; they all had great-
coats on, and the saddle-bags were quite new ; and one of them, whom she
afterwards knew to be the duke of Cumberland, had a lightish drab coat on,
and a blue-and-white flannel waistcoat, and a brownish wig, which came low
over his ears, and down upon his forehead, with a handkerchief round his
neck ; another of the said persons went by the name of Farmer Tush ; and
the third, who attended as their servant, went by the name of John. His
highness was called the young squire, and Farmer Tush passed as his guar-
dian ; they refreshed themselves with wine, and bread and butter, and rode
out the same morning; they inquired also if they could have good beds'?
They returned about seven o'clock in the evening, and supped and slept in
her house; the next morning, after breakfast, they rode out, ordering dinner
to be ready at five o'clock ; about three o'clock the said man John returned,
and told her, she must hasten dinner as soon as she could, for they talked of
going away; and when the duke of Cumberland, and Farmer Tush, whom
she afterwards saw at his royal highness's house in Pall-mall, came in. Far-
mer Tush told her, that they must go off immediately, for they had received
'a letter that the young squire's father, meaning his royal highness, lay a
dying, and they feared he would be dead before they could get to him ; but
he said that they liked the place vastly, and would come again in a month's
time, or sooner, if possible, when his affairs were settled. They had five hats,
one of which was laced, and four different riding coats : and the said persons
with his highness, changed hats ; sometimes one wearing the laced hat, and
sometimes the other. It was reported in the neighbourhood, that they were
suspected to be highwaymen, and the witness thought so then ; they talked
about farming, but they knew nothing about the matter. The witness had
seen the duke of Cumberland afterwards in London ; and, from the features
of his face, and a mark that he had on the right side of his face, which she
observed when he was at her house, she was certain that the person who
came to her house, so disguised, with the other two persons, was his royal
highness.
The said three persons left two sticks to be taken care of, and the two plain
hats were also left by mistake behind them; and on Thursday, the 30th of
November following, the persons who went by the name of Farmer Tush,
and the man called John, came in the evening about dusk, each of them
FOR ADULTERY. 457
having a led horse in his hand, and both dressed in the same way as when
they came before ; and they laid all night at her said house ; and she inquired
of Farmer Tush, where the young squire was, meaning the duke of Cum-
berland, and he told her they had left him with another gentleman, a long
way olf : they said, he might come that night, but they did not know whether
he would or not, as they had left him far behind : the next day, in the after-
noon. Farmer Tush appeared very uneasy that his highness did not come,
and every person that came to the house he thought was him. About eight
or nine o'clock the next morning, being Saturday, his royal highness arrived
in a post-chaise with a gentleman, and brought some saddle-bags with them,
and his highness was dressed in the same manner as when he was at her
house before; after they had breakfasted, his royal highness and Farmer
Tush walked out, and did not return till about five o'clock in the afternoon.
On Sunday morning they both went out on horseback, and returned about four
o'clock in the afternoon ; and his highness, the person Avho came with him
in the post-chaise, and Farmer Tush, dined together ; and while they were
at her house, the said two persons called each other Farmer, and his highness,
the young squire. They always went out about duskish, on horseback, each,
of them having a pair of saddle-bags.
The evidence of Joseph Richardson and James Parker is not less amusing.
Joseph Richardson, ostler at the Red Lion Lin at Whitchurch, aged thirty- ' " •
six years, was the next witness. Ou Friday the 27th of October, 17G9, three
persons, strangers to him, came on horseback, each of them having saddle-
bags, to the Red Lion, about two o'clock in the afternoon. Upon their call-
ing for the ostler, the witness attended : they looked at the stables, but did
not like them, and said, they wanted a stable with three or four stalls, that
they might lock their horses up. Not approving of the stables, the witness,
after some conversation, and they inquiring if lord Grovesnor put up there, . ,
recommended them to another house: and one of the persons, whom he af-
terwards knew to be the duke of Cumberland, had a brownish great-coat on,
and a black wig ; the second person who attended him, was an elderly look-
ing man ; and the third seemed to be a servant, and went by the name of
John. From their appearance, and their putting their horses at a different ^-'.*
house, and all things together, he suspected them to be highwaymen ; and,
therefore, he took particular notice of them and their horses ; and he particu-
larly observed the one, whom he afterwards knew to be the duke of Cum-
berland, to have a mark upon his face ; and, from such mark, he was firmly
convinced that it was his royal highness. About four or five o'clock of the
afternoon of the same day, lady Grovesnor arrived at the Red Lion in her
own carriage, with post horses.
James Parker, servant to Richard Allen, Esq. of Whitchurch, aged twenty-
four years, deposed, that in October, 1769, he was waiter at the inn at Barn-
hill, in the county of Chester ; that he had known lord Grovesnor for about
two years, from seeing him pass upon the road ; that he once or twice saw
lady Grovesnor, and that about nine o'clock in the morning of Saturday, the
28th of October, 1769, three persons, strangers to him, came on horseback
to the said inn at Barnhill ; that one of them he afterwards knew to be his
royal highness, the duke of Cumberland, he taking particular notice of the
cut in his face ; and he had on a snuff-coloured great-coat, with his hat
flapped, and a black wig, which came down over his forehead near to his
eyes ; and from his odd appearance, and the appearance of those who at-
tended him, he suspected them to be highwaymen, and the more so, because
they had their horses locked up, and his highness fell asleep at breakfast,
from which he thought he had been upon the watch all night. They dined
at the said inn, and inquired about gentlemen's houses in the neighbourhood,
as if they were quite strangers ; and, amongst other houses, the witness
spoke of lord Grovesnor's. Soon after dinner, lady Grovesnor went by in
her coach, and he told them it was lady Grovesnor ; and in about half an
2 Q 58
458 DUKE OF CUMBERLAND. * • *•/
hour's time, they set off full gallop after her coach, and he imagined it was
to attack her ladyship's coach ; and the person who was with the duke
told the man, who went by the name of John, to follow them in half an
hour.
Part of the evidence of Jane Richardson, of the same inn, is highly charac-
teristic of his royal highness's intellectual reputation.
About twelve o'clock at night she was in the dining-room with Miss Mary
Spencer, her master's grand-daughter, and they heard a noise, like rustling
of clothes in the passage, the passage being very narrow ; and the witness
said, it was Joe, meaning her husband, Joseph Richardson, who, she thought,
was coming to see for her; but, before the witness got to the dining-room
door, she heard the door of the room open in which his royal highness lay,
and the witness said it was nothing but the fool, meaning his highness, who
assumed the character of a fool, and behaved like one, the person who was
with him telling the witness, that if she saw him in the passages, or any
where about (as he was apt to walk in his sleep), not to touch him or go
near him, and she was about opening the dining-room door, to take the key-
to fasten themselves in, when she heard the door of the bed-chamber in
which his highness lay, shut to again; and then hearing no more of him, she
and IMary Spencer went to bed. The next morning the duke of Cumberland
went away before it was light ; and she assisted to make the bed in which
his highness lay; and one Mrs. Hall, who helped to make the bed, asked
who had lain there] She answered, a fool and his servant; but she knew
that the servant did not lie with him ; and the witness said, that if the fool
came there again, he should not have holland sheets, they were so very much
rumpled and "tumbled ; and looking for the pillow, she found it at the very
foot of tiie bed, between the sheets, which she supposed was one of the fool's
foolish tricks.
The conclusion of these intrigues is described in the following manner by
John Stephens, adjutant of the Cheshire militia.
On Thursday, the 21st of December, 1769, he breakfasted with lord Gro-
vesnor, at his house in Grovesnor-square ; and his lordship communicated to
him his suspicions that his royal highness, the duke of Cumberland, would
endeavour to meet lady Grovesnor upon her road to London. His lordship
was informed (and, upon inquiry, it proved true) that his highness was gone
out of town that morning; and his lordship desired tlie witness to set out
and meet his family, in order to assist his brother in detecting lady Grovesnor
and his highness, if they should attempt to meet together. Accordingly, he
set out about one o'clock in the afternoon for St. Alban's ; and finding upon
his arrival there, that lady Grovesnor and her family were not come, he got
a post-chaise in order to go further. He had then some reason to suppose
that her ladyship might not come so far that night ; but before he had got
out of the town, he met lady Grovesnor and her family ; when he returned,
and went back to the Bull Lm. As he passed by he beckoned to his brother,
who came to him at the Bull Inn ; and he acquainted him with the business
he was come upon, and the suspicions of lord Grovesnor. His brother left
him, and went back to the White Hart; and afterwards returned, and told
him, that from the inquiry he had made, he was very certain his highness
was there. About a quarter after ten o'clock, he went with his brother to the
White Hart Lin, and he went up-stairs ; his brother went to listen at the
door of lady Grovesnor's bed-chamber, and he came and told him he had
heard lady Grovesnor and the duke of Cumberland talking; he listened two
or three times at the door. The witness desired him to be very cautious of
what he did, lest he should be mistaken ; but he said, he was certain it was
they, for he knew both their voices well ; that he knew very well the breaks
of lady Grovesnor's voice, and he was sure it was the duke's voice by his
thick way of speaking. Afterwards the witness went and listened at the
door himself; but, having then a cold, and not knowing the situation of the
ROBERT AND DANIEL PERREAU. 459
house, he could not pretend to say whether the voices came, or not, from the
bed-chamber; but he certainly heard a low and indistinct kind of talking.
His brother being certain, he determined to proceed to break open the door,
and for that purpose he called my lord's servants up to assist him, to which
they agreed. He followed the servants down to the door; and the servants
being first placed in order to break open the door, and the signal being given,
they made a push, and attempted to break it open, but did not succeed till the
fourth push, and then, by the assistance of a poker, which the witness's brother
had in his hand, the door was forced open. The first person he saw was
his royal highness, the duke of Cumberland, who appeared very nmch fright-
ened and alarmed, and in great confusion ; at the same time his brother went
to assist lady Grovesnor, who had fallen down some steps, in attempting to
run out of the room into another. His highness followed lady Grovesnor
into the adjoining room ; and the witness followed his highness, who, as
spon as he got into the room, spread forth his hands, and said, you see, gen-
tlemen, that I am not in the lady's room. To which the witness's brother
replied, where was you when we broke open the door? His highness said,
he would take his Bible oath that he was not in the lady's bed-chamber.
Depositions in recrimination were adduced, in which it appeared that lord
Grosvenor himself lived a very dissolute life, and passed much of his time
with abandoned women.
The investigation, however terminated in the separation of lord and lady
Grosvenor; and in an action brought against the duke, lord Grosvenor re-
covered £10,000 damages.
ROBERT AND DANIEL PERREAU, ' ■
FOR FORGERY
On the 10th of March, 1775, discovery was made of a series of forgeries,
said to have been carried on for a length of time, by Robert and Daniel Per-
reau, twin brothers ; the one an apothecary of great practice, and the other
living in the style of a gentleman.
The above parties, together with Mrs. Margaret Caroline Rudd, who lived
with Daniel Perreau as his wife, and who was deemed to have been a princi-
pal agent in the forgeries, were taken into custody, and carried before the
bench of magistrates in Bow-street, where the crowd attending to hear their
examination was so great that it became necessary to adjourn to the Guild-
hall, Westminster.
The evidence there adduced tended to prove that the parties had raised
considerable sums by bonds forged in the name of the well-known agent,
William Adair, esq., which they imposed on several gentleman of fortune
as collateral securities with their own notes for the payment of the said
sums.
This transaction was discovered by the follownng means : Robert Perreau,
whose character had been hitherto unimpeachable, applied to Mr. Drummond,
the banker, to lend him £5000, and offered a bond for £7500, wliich he said
Mr. Adair had given to his brother, as a security for the payment.
It will now be proper to remark, that, in order to give colour to the validity
of these bonds, it had been artfully suggested, that Mrs. Rudd had near con-
nexions with Mr. Adair; and it was even insinuated that she was his natural
daughter ; but Mr. Drummond, to whom Mr. Adair's writing was familiar,
had no sooner looked at the signature, than he doubted its authenticity, and
very politely asked Robert Perreau if he had seen Mr. Adair sign it ] The
460 ROBERT AND DANIEL PERREAU,
latter said he had not, but had no doubt but it was authentic, from the nature
of the connexion that subsisted.
To this Mr. Drummond said, that he could not advance such a sum without
consultinir his brother, and desired Perreau to leave the bond, promising to
return it the next morning, or advance on it the sum required.
Mr. Perreau made no scruple to leave the bond, and call in the morning.
In the interim, Mr. Drummond examined the bond with greater attention;
and Mr. Stephens, secretary of the admiralty, happening to call, his opinion
was demanded ; when comparing the signature of the bond with letters he
had lately received from Mr. Adair, he was firmly convinced that it was
forged.
\Vhen Perreau came, Mr. Drummond spoke more freely than he had done
before, and told him he imagined he had been imposed on ; but begged that,
to remove all doubt, he would go with liim to Mr. Adair, and get that gen-
tleman to acknowledge the validity of the bond, on which the money should
be advanced.
Perreau made not the least objection. They went together ; and Mr.
Adair was asked if the bond was his. He declared it was not ; but Perreau
smiled, and said he jested.
]Mr. Adair told him that it was no jesting matter, and that it was his duty
to clear up the atlair. Perreau said, if that was the case, he had been sent on
a fine errand. He desired to have the bond, and said he would make the
necessary inquiries ; but this was refused, and it was thought a point of pru-
dence to watch the motions of Robert Perreau, till Daniel and his pretended
wife were produced.
Soon after he returned home, the three parties went into a coach ; and, if
Mrs. Rudd's testimony may be credited, she took with her what money and
valuables she could conveniently carry ; and said that the brothers had taken
her money, gold watch, and jewels into th( ir possession : but no reason was
assigned for their doing so.
Their escape, however, if such was intended, was prevented ; for an in-
formation being laid against them, they were apprehended, carried before sir
John Fielding, and examined at the Guildhall, Westminster, as above men-
tioned. The facts already mentioned were attested by Mr. Adair, Mr. Drum-
mond, and other persons ; and sir Thomas Frankland charged them with
obtaining from him £-1000 on the first application, which they honestly
repaid before the money became due; afterwards ^65000, and then £4000 on
similar bonds, all signed with the name of Mr. Adair.
Mr. Watson, a money-scrivener, said that he had drawn eight bonds, all
of them ordered by one or other of the brothers ; but he hesitated to fix on
either, on account of the great personal resemblance ; but being pressed to
make a positive declaration, he fixed on Daniel as his employer.
Dr. Brooke charged the brothers with obtaining from him fifteen bonds
of the bank of Air, each of the value of £100 upon the security of a forged
bond for £3100.
On the strength of this evidence the brothers were committed, the one to
New Prison, and the other to Clerkenwell bridewell; and Mrs. Rudd was
admitted an evidence for the crown.
At the sessions held at the Old Bailey, in June, 1775, Robert Perreau, esq.
was indicted for forging a bond for the payment of £7500 in the name of
William Adair, esq.; and also for feloniously uttering and publishing the
said bond knowing it to be forged, with intention to defraud Robert and
Henry Drummond, esquires.
Henry Drummond, esq. deposed, that Robert Perreau requested the loan
of £1400, having made a purchase in Suffolk or Norfolk to the amount of
£12,000. He said he had a house in Harley-street, Cavendish-square, which
cost£4000, the deeds of which house he would leave as a security. These he
did leave, and promising to return in ten days, the money was paid him. He
-t-
FOR FORGERY. 461
came some time afterwards, and apologized for not having kept his appoint-
ment ; and said he then came to borrow £5000 on the bond, out of which he
would pay the £1400 above mentioned.
Mr. Drummond and his brother doubting the validity of the bond, Perreau
said there were family connexions between him and Mr. Adair, who had
money of his in his hands for which he paid interest.
A great part of what Mr. Drummond delivered in evidence has been already
given in the former part of this narrative. Mr. Drummond going with the pri-
soner to Mr. Adair's, Mrs. Daniel Perreau (Mrs. Rudd) was sent for, when
Robert asked her if she had not given the bond to him. She owned that she
had, took the whole on herself, and acknowledged that she had forged the
bond.
The counsel for the prisoner asking Mr. Drummond if he was certain that
the prisoner said it was his money that INIr. Adair paid interest for, he an-
swered in the affirmative. He declared likewise, that Mr. Perreau did not
make the least objection to leaving the bond with him, nor showed any reluc-
tance in going with him to Mr. Adair's house.
He likewise said, that Mrs. Rudd took the whole on herself, begged them
for God's sake to have mercy on an innocent man ; and that she said no injury
was intended to any person, and that all would be paid ; and that she ac-
knowledged delivering the bond to the prisoner.
The counsel demanding if Mr. Drummond and Mr. Adair, after hearing
what Mrs. Rudd said, had not expressed themselves as considering the pri-
soner as her dupe ; the answer was, we both expressed ourselves to that effect.
A constable had been sent for, and we discharged him.
The identity of the bond was proved by Rlr. Wheatly, clerk to Messrs.
Drummond. The evidence of Mr. Robert Drummond was not, in any very
essential point, different from that of his brother. He deposed, that when
Mrs. Rudd had acknowledged that she forged the bond, he expressed his
doubt, the handwriting being so different from that of a woman, and said no-
thing would convince him ol^ it but her showing on a piece of paper that she
could write that sort of hand. He said he did not mean to ensnare her, and
would immediately throw the writing into the fire. Mrs. Rudd instantly
wrote William Adair, or part of the name, so very like the signature of the
bond, that it satisfied him, and he burnt the paper. Robert Perreau then
said, that he hoped that the information she had given sufficiently acquitted
him ; but he was told he had better not inquire into that, and on this occa-
sion he showed the first sign of anxiety.
SirThomas Frankland deposed, that the prisoner brought him two bonds at
different times, one to Daniel Perreau for £G000, and the other to himself
(Robert) for £5300 ; that for £5300, on which he lent him £4000, was to be
repaid on the 26th of March, with the three days grace ; the other was due
on the 8th of March.
Mr. Wilson declared that he filled up the bond at the desire of the prisoner,
and produced his instructions for so doing. He likewise acknowledged that
he had filled up other bonds for the prisoner.
That the handwriting at the bottom of the bond was not the handwriting
of William Adair, was proved by Scroop Ogilvie and James Adair, esqrs.
Mr. James Adair was now questioned by counsel respecting a private inter-
view he had with Mrs. Rudd ; but the court doubted if this might be allowed
as evidence. After some observations made by the counsel for the prisoner,
a letter was read, which he presumed had been sent him by William Adair,
esq. ; but which appeared to have been written by Mrs. Rudd, but was
scarcely intelligible.
The prisoner made his defence in the following terms:
My lords and gentlemen of the jury, if I had been wanting in that fortitude
which is the result of innocence, or had found any hesitation in submitting
my proceedings to the strictest scrutiny, 1 need not at this day have stood
2 0 2
iij^"
¥
462 ROBERT AND DANIEL PERREAU,
before my country, or set my life upon the issue of a legal trial. Supported
by the consciousness of my integrity, I have forced that transaction to light,
whicli might else have been suppressed ; and 1 have voluntarily sought that
imprisonment which guilt never invites, and even innocence has been known
to fly from ; ardently looking forward to this hour, as the sure, though pain-
ful, means of vindicating a character, not distinguished, indeed, for its im-
portance, but hitherto maintained without a blemish. There are many respect-
able witnesses at hand (and many more, I persuade myself, would be found,
if it had been necessary to summon them upon a point of such notoriety) who
will inform your lordships and the court, how I have appeared to them to act;
what trust has been reposed in me, and what credit I had in their opinions,
for my diligence, honesty, and punctuality. In truth, my lords, I am bold to
say, that few men in my line of life have carried on their business with a
fairer character, not many with better success, I have followed no pleasures,
nor launched into any expenses: there is not a man living who can charge
me with neglect or dissipation. The honest profits of my trade have afforded
me a comfortable support, and furnished me with the means of maintaining,
in a decent sort, a worthy wife, and three promising children, upon whom I
was labouring to bestow the properest education in my power; in short, we
were as happy as afl^uence and innocence could make us, till this atHiction
came upon us by surprise, and I was made the dupe of a transaction from
whose criminality I call God, the searcher of all human hearts, to witness, I
am now as free as I was at the day of my birth. IMy lords and gentlemen
of the jury, men who are unpractised in deceit will be apt to credit others for
a sincerity which they themselves possess. The most undesigning characters
have at all times been the dupe of craft and subtlety. A plain story with the
indulgence of the court I will relate, which will furnish strong instances of
credulity on one part, and at the same time will exhibit a train of such con-
summate artifices on the other, as not to be equalled in the annals of iniquity,
and which might have extorted an equal confidence from a much more en-
lightened understanding than I can claim.
The prisoner now proceeded to call his witnesses.
George Kinder deposed, that Mrs. Rudd told him "that she was a near
relation of Mr. James Adair; that he looked upon her as his child, had pro-
mised to make her fortune, and with that view had recommended her to Mr.
William Adair, a near relation, and intimate friend of his, who had promised
to set her husband and the prisoner up in the banking business." He like-
wise deposed that the said Mr. Daniel Perreau was to be made a baronet, and
described how she would act when she became a lady. This witness de-
posed, that Mrs. Rudd often pretended that Mr. William Adair had called to
see her, but that he had never seen that gentleman on any visit.
John Moody, a livery-servant of Daniel Perreau, deposed, that his mistress
wrote two very different hands, in one of which she wrote letters to his mas-
ter, as from Mr. William Adair, and in the other the ordinary business of the
family; that the letters written in the name of William Adair were pretended
to have been left in his master's absence; that his mistress ordered him to
give them to his master, and pretended that Mr. Adair had been with his mis-
tress for a longer or shorter time, as circumstances required. This witness
likewise proved that the hand at the foot of the bond and that of his mistress's
fictitious writing were precisely the same ; that she used different pens, ink,
and paper, in writing her common and fictitious letters; that she sometimes
gave the witness half a crown when he had delivered a letter to her satisfac-
tion. He said he had seen her go two or three times to Mr. J. Adair's, but
never to William's; and that Mr. J. Adair once visited his mistress on her
lying-in.
Susanna Perreau (the prisoner's sister) deposed, to the having seen a note
delivered to Daniel Perreau, by Mrs. Hudd, for £19.000, drawn as by William
Adair, on Mr. Croft, the banker, in favour of Daniel Perreau.
FOR FORGERY. '463
Elizabeth Perkins swore that, a week before the forgery was discovered,
her mistress gave her a letter to bring back to her in a quarter of an hour, and
say it was brought by Mr. Coverly, who had been servant to Daniel Perreau;
that she gave her mistress this letter, and her master instantly broke the seal.
Daniel Perreau declared that the purport of this letter was, " that Mr. Adair
desired her to apply to his brother, the prisoner, to procure him £5000 upon
his (Adair's) bond, in the same manner as he had done before; that Mr. Adair
was unwilling to have it appear that the money was raised for him, and there-
fore desired to have the bond lodged with some confidential friend, that would
not require an assignment of it ;" that his brother, on being made acquainted
with his request, showed a vast deal of reluctance, and said it was a very
unpleasant work ; but undertook it with a view of obliging Mr. William
Adair.
The counsel for the prosecution demanding, " if he did not disclaim all
knowledge of the affair before Mr. Adair," he said, he denied ever having
seen the bond before, nor had he a perfect knowledge of it till he saw it in
the hands of Mr. Adair.
David Cassady, who assisted Mr. R. Perreau as an apothecary, deposed,
that he lived much within the profits of his profession, and that it was re-
ported he was going into the banking business.
John Leigh, clerk to sir John Fielding, swore to the prisoner's coming
voluntarily to the office, and giving information that a forgery had been com-
mitted; on which Mrs. Rudd was apprehended. Mr. Leigh was asked, if
she " ever charged the prisoner with any knowledge of the transaction till
the justices were hearing evidence to prove her confession of the fact." Mr.
Leigh answered, that he did not recollect that circumstance, but that on her
first examination she did not accuse tlie prisoner.
Mr. Perreau now called several persons ofrank to prove his character. Lady
Lyttleton being asked if she thought him capable of such a crime, supposed
she could have done it as soon herself. Sir John Moore, sir John Chapman,
general Rebow, captain Ellis, captain Burgoyne, and other gentlemen, spoke
most highly to the character of the prisoner: yet the jury found him guilty.
Daniel Perreau was indicted for forging and counterfeiting a bond, in the
name of William Adair, for £3300, to defraud the said William Adair; and
for uttering the same knowing it to be forged with intent to defraud Thomas
Brooke, doctor of physic. Mr. Scroope Ogilvie, who had been clerk to Mr.
William Adair nine or ten years, proved the forgery; and Dr. Brooke proved
the uttering of the forged bond.
By way of defence, the prisoner declared that Mrs. Rudd had given him
the bond as a true one ; that he believed it genuine, authentic, and valid ; and
protested, by all his hopes of happiness in this life, and in a future, that he
had never conceived an idea of any thing so base as the defrauding any man
of his property. He added, "I adjure the Almighty so to assist me in my
present dangerous situation, as I speak truth before you."
Mr. Daniel Perreau called several persons to prove the artifices which Mrs.
Rudd had practised to deceive him. Many persons of fortune and credit ap-
peared to his character; and spoke of his conduct previous to the fatal event
in terms of the highest approbation; but the jury brought in a verdict of
guilty ; and the unfortunate brothers received sentence of death, but were not
executed till January, 1776, because, though Mrs. Rudd had been admitted
an evidence, yet the judges committed her as a principal, as will be seen
more at large in the account of the subsequent trial.
After conviction, the behaviour of the brothers was, in every respect, proper
for their unhappy situation. Great interest was made to obtain a pardon for
them, particularly for Robert, in whose favour seventy-eight bankers and
merchants of London signed a petition to the king; the newspapers were filled
with paragraphs, evidently written by disinterested persons in favour of men
whom they thought dupes to the designs of an artful woman : but all this
4G4 MARGARET CAROLINE RUDD.
availed nolhiiiff. On the day of execution the brothers were favoured with a
mourninpr coach, and it is said that .3 0.000 people attended. They were both
dressed in mournincr, and behaved with Christian resolution. When they
quitted the coach and g-ot into the cart, they bowed respectfully to the sheriffs,
who waved their hands as a final adieu.
After the customary devotions, they crossed their hands, joining the four
together, and in this manner were launched into eternity. They had not hung
more than a half a minute when their hands dropped asunder, and they ap-
peared to die without pain.
Each of them delivered a paper to the ordinary of Newgate, declaring their
innocence, and ascribing the blame of the whole transaction to the artifices
of Mrs. Rudd ; and the majority of the people gave credit to their assertions.
They were executed at Tyburn on the 17th of January, 1776.
MARGARET CAROLINE RUDD,
FOR FORGERY.
On the 8th of December, 1775, Margaret Caroline Rudd was indicted for
feloniously forging a bond, purporting to be signed by William Adair, and for
feloniously uttering and publishing the same.
Having been brought to the bar in September sessions, to plead to the said
indictment, and her counsel contending that she ought not to be tried, as she
had acknowledged herself an accomplice, and had been admitted an evidence
by the magistrates, and the judges "differing in the opinion on the point of
law ;" reference was had to the opinion of all the judges, that the matter
might be finally settled, how far, under what circumstances, and in what
manner, an accomplice, received as a witness, ought to be entitled to favour
and mercy.
Mr. Justice Aston now addressed the prisoner, informing her that eleven of
the judges had met (the chief-justice of the common pleas being indisposed),
"and were unanimous in opinion, that, in cases not within any statute, an
accomplice who fully discloses the joint guilt of himself and his compa-
nions, and is admitted by justices of the peace as a witness, and who appears
to have acted a fair and ingenuous part ia the disclosure of all the circum-
stances of the cases in which he has been concerned, ought not to be prose-
cuted for the offences so by him confessed, but cannot by law plead this in
bar of any indictment, hut merely as an equitable claim to mercy from the
crown; and nine of the judges were of opinion that all the circumstances re-
lative to this claim ought to be laid before the court, to enable the judges to
exercise their discretion whether the trial should proceed or not. With re-
spect to the case before them, the same nine judges were of opinion, that if
the matter stood singly upon the two informations of the prisoner, compared
with the indictments against her, she ought to have been tried upon all, or
any of them ; for from her informations she is no accomplice : she exhibits a
charge against Robert and Daniel Perreau. the first soliciting her to imitate
the handwriting of William Adair, the other forcing her to execute the for-
gery under the threat of death. Her two informations are contradictory ; if
she has suppressed the truth, she has no equitable claim to favour; and if she
has told the truth, and the whole truth, she cannot be convicted. As to the
indictments preferred against her by sir Thomas Frankland, as her informa-
tions before the justices have no relation to his charges, she can claini no sgrt
of advantage from these informations."
The trial was now proceeded in. The principal evidences were the wife
HENRY WHITE. 465
of Robert Perreau, and John Moody, a servant to Daniel. The first endea-
voured to prove that the bond was published, the latter that it was forged.
Sir Thomas Frankland proved that he had lent money on the bond. It was
objected by the counsel for the prisoner, that Mrs. Perreau was an incompetent
witness, as she would be interested in the event ; but the court overruled
this objection.
Mrs. Perreau deposed, that, on the 24th of December she saw Mrs. Rudd
deliver a bond to her husband, which he laid on the table while he brushed
his coat ; that it was for £5300, payable to Robert Perreau, and signed Wil-
liam Adair; and that it was witnessed in the names of Arthur Jones and
Thomas Start, of Hart. Mrs. Perreau being- asked when she again saw the
bond, said it was brought to her on the 8th of March (the day after her
husband was convicted), when she selected it from other bonds delivered to
him on the 24th of December. She made her mark on it, and deposed that
when it was delivered to Mr. Perreau, Mrs. Rudd said, "Mr. Adair would
be very much obliged to Mr. Perreau to try to raise upon that bond the sum
of J4000 of sir Thomas Frankland."
John Moody, who had been servant with Mrs. Rudd, deposed that his mis-
tress wrote two different hands, a common and a feigned one; that in her
common hand she noted the usual business of the house ; but, that when she
wrote letters, as coming from W illiam Adair, she wrote her feigned hand. A
bond signed William Adair was now shown him; and he said, "the name
appears to be the same hand the letters were wrote in, which I gave to Daniel
Perreau, as coming from Mr. William Adair, and which I saw Mrs. Rudd
write the direction of." He was asked if he thought Mr. Adair's name was
of the prisoner's writing. He replied, I believe it is her handwriting.
Sir Thomas Frankland proved the lending Robert Perreau £4000 on the
bond in question, and that he had given him a draft for £3890, deducting the
discount of £5000 formerly lent, with the discount of the money then bor-
rowed, and £15 10s. for a lottery ticket: that he had since received, among
other things, jewels to the value of £2800, with women's wearing apparel,
&c. which might, for what he knew, be the prisoner's, but were sold to him
by the two Perreau's by a bill of sale.
Christian Hart deposed that she had received a paper from the prisoner,
tending to prove that there was a combination against her life, to have been
concerted at the ho«se of this witness, by sir Thomas Frankland and the
friends of the Perreaus.
It was now demanded of Mrs. Rudd what she would say in her defence.
She addressed the jury in a short but sensible speech, and concluded in these
words, " Gentlemen, ye are honest men, and I am safe in your hands."
The jury, after a short consultation, gave in their verdict in the following
singular, and perhaps unprecedented words : " According to the evidence be-
fore us, not Guilty.''''
HENRY WHITE, JUN.
FOR A LIBEL ON THE DUKE OF CUMBERLAND, MARCH 5, 1813.
This was an information filed by his majesty's attorney-general against the
defendant. The first libel was in the form of a letter, addressed " To the
duke of ********«*^" -^yith this motto, " Qui capit ille liabet ,-'''' and signed
P hi lo- Junius. It commenced with observing, that no doubt a " dignified re-
treat''' had been prepared for his royal highness abroad; and that he was then
possibly solacing himself with the idea of becoming a splendid transport.
59
■/
466 HENRY WHITE, JUN.
But before his royal highness was off, the writer expressed his wish to put
"a few home questions" to him. The writer then went on to observe, that
if those questions were answered fairly, he should be satisfied; but it was for
the interest of society that great men should be good. He looked only for
goodness; he could not venerate the adulterer, though he might be dressed
in ermined robes, nor the murderer, though he might wear a coronet. The
veil had been drawn aside; he was the subject of observation in every pot-
house and night-cellar. It was a matter of publicity that his royal highness's
life had been attempted by a domestic ; for which attack that servant had by
some means forfeited his own life. Soon, however, after this event, the
writer had reasons, from circumstances, to doubt the correctness of the fact
found by the coroner's inquest; namely, that Sellis met with death by his
own hands ; and it was with the earnest desire of putting these doubts at rest,
that the writer now gave his royal highness the opportunity of answering a
few home questions ! The " few home questions" were of the following
tendency : —
First, was not the report well founded, that it was not till repeated attempts
had been made, that a jury could be found sufficiently hardy to say that Sellis
was his own executioner? Secondly, was not the razor, with which it was
concluded that the business was done, found at a great distance from the
body 1 Thirdly, was not the coat of the domestic, drenched with blood, found
on a chair at a considerable distance from the body ? Fourthly, whether the
basin was not placed deliberately at the side of the bed, evidently for the pur-
pose of catching the blood ] Fifthly, whether the body was not nearly cold
when found 1 Sixthly, whether Sellis was not troubled with such an asth-
matic cough that it would have been impossible for him to conceal himself
for more than half an hour without betraying himself? Seventhly, as to the
situation of the slippers in the closet in -which it was supposed that he con-
cealed himself? Eighthly, was not the neckcloth cut in pieces in such a
way as to militate strongly against the idea of the deceased having cut his
throat? From the foregoing circumstances this inference might be drawn —
that Sellis did not cut his own throat.
The writer presumed, if these home questions were answered at all, that
they would be answered in the affirmative! Such being the case, nothing
could resist the inference that Sellis was not his own murderer, from tlie de-
liberate arrangement of the clothes, the body, the basinf &c., the latter being
placed as if to save the blood for ulterior purposes. Such was the story; but
it was a foul business at best. It, however, should be fathomed. Philo-
Junius next observed, that he had only been able to discover one trait of any
thing like kindness or tenderness in his royal highness's conduct, namely, in
not suffering the mangled remains of his servant to be buried in cross roads
to satisfy impertinent curiosity. The farce, it was true, had been well per-
formed, and with admirable theatrical effect. As to the rites of the church
not having been performed over those mangled remains, he was not inclined
to find fault on that account; believing, as he did, with firm and true Chris-
tian faith, that the better part of Sellis would find its way to those regions
where it would not meet with another rencontre with his more than
master. Such was the first libel: the second also purported to be a letter,
referring to the first libel, and was addressed to the editor. It expressed how
much "shocked" the author had been at the first noticed letter, as he "had
never entertained any doubt about the being the murderer
ofSellis!"&c. &c.
Sir William Garrow, as counsel for the prosecution, made a short speech.
For the defendant, Mr. Scarlett addressed the court at considerable length.
He commented on the language of the libel, and endeavoured to urge that no
innuendo could be drawn from it, whereby any imputation could be cast upon
the duke of Cumberland, to the effect which the information set forth. He
argued with considerable ingenuity, that it did not follow (even if it were
PHILIP NICHOLSON. 467
true that Seilis had not committed suicide), that therefore the duke of Cum-
berland had caused his death. All he contended the publication meant, was
merely that rumours had announced some suspicions that Seilis did not de-
stroy himself; but it never went the length of asserting that the royal duke
was privy to his destruction; on the contrary, it merely so stated the ru-
mour, and expressed nothing that could give it the colour of imputing so foul
an act to that illustrious personage, and he therefore denied that the solicitor-
general was warranted in giving innuendoes to the publication which it did not
in his judgment convey; but he admitted that the jurors were the proper
judges of that fact. To illustrate his reasoning, he appealed to several inter-
mediate publications of that paper, which appeared between the 30th of
August and tlie 27th of September, all of which, he contended, went to de-
monstrate that so far from imputing such an act to the duke of Cumberland,
they were all so many arguments to assert the honour and purity of that royal
personage.
Lord Ellenborough summed up for the jury, and said it would be for them
to determine whether they had any doubts that the libels meant lo accuse the
duke of Cumberland of having had a guilty concern in the death of Seilis.
His lordship thought it was impossible for any one to peruse the libels with-
out having the firm conviction on his mind that they had been written "for
the distinct and unequivocal purpose of maintaining that Seilis did not die by
his own hands, and that the duke of Cumberland had been concerned in ac-
complishing such death." The " home questions," for instance; did they
not directly and unequivocally allude to the alleged fact, "that the duke had
some criminal connexion with the death of Seilis?" But before he was "off,"
the writer said, he would put a few questions to him. What I was it to be
endured that this journalist should erect his tribunal, and that he should sum-
mon whom he pleased before his spurious jurisdiction, while the laws of the
land were in full operation'? Was such a spurious jurisdiction to impute
crimes, and then to be suffered to put a string of questions to the accused 1 He
knew it was much the habit of the journals of these times to erect themselves
into tribunals; and to call on every man to whom they chose to impute a
crime to obey their tyrannic despotism, and to answer to the charges prefer-
red against them. He would declare, that sooner than submit to be cate-
chised in this way, he would rather live under the arbitrary rule of the tyrant
of France ; for he should deem that preferable to living under the arbitrary
despotism of those journalists. It was his duty to pronounce a character upon
the libels, and he did so by pronouncing those now before them to be most
atrocious and notorious libels.
The jury almost immediately returned a verdict of guilty; and on the 24th
of May the defendant was again brought before the court, and sentenced to be
imprisoned in Newgate fifteen calendar months, and to pay a fine of jg200.
PHILIP NICHOLSON,
FOR THE MURDER OF MR. AND MRS. BONAR, AT MAIDSTONE, AUGUST, 1813. **•'■
Philip Nicholson, the murderer of Mr. and Mrs. Bonar, was born near
Belfast, in Ireland ; but quitting that country, he enlisted in the 12th dra-
goons, and being a smart active young fellow, was chosen for an officer's
servant: being wounded in action, he contrived to obtain his discharge, and
a pension of nine-pence per day. Having a good character from his officers,
he procured a situation as servant with the city remembrancer, and from
thence got into Mr. Bonar's family as footman. His father was also a pen-
468 PHILIP NICHOLSON,
sioner, and had lately come from Ireland to receive his pension in Chelsea,
where he resided, and worked at hay-making'. Philip Nicholson called a few
days before he committed the murder at the house of Mr. Munro, a respectable
publican in .Tew's-row, Chelsea, which his father frequented, and to whom
both were known. He sent for his father, to whom he brought a bundle of
clothes, some cold roast beef wrapt up in paper, and paid his score in the
house. After he quitted the house, his father inquired of Mr. Munro if his
son had ordered him any weekly allowance until he received his pension; he
was answered that he had not; when his father made use of this remarkable
expression, d — n him, the rebel, he was a rebel in Belfast, and long since
deserved the gallows. The wretched man was a Catholic, and much bigot-
ted ; he constantly attended mass. Whilst he was in the public-house, the
conversation turned on the Catholic bill. He lamented much the fate of it in
the house of commons, and cursed those who opposed it: it is said that when
he waited at dinner on his master, Mr. Thomson Bonar, the day after the bill
was lost, he heard Mr. Bonar express his high satisfaction at the result, and
it has been thought Nicholson was resolved to be revenged on him; but it
appeared from his own declaration that this was not the case.
Mr. and Mrs. Bonar resided in a handsome mansion, called Camden Place,
at Chiselhurst, in Kent. Mr. Bonar was partner with Mr. Angerstein, the
eminent insurance broker, and both were distinguished for their benevolence
and philanthrop)'.
On the Sunday evening preceding the murder (May 30, 1813), Mr. Bonar
went to bed at his usual hour; but Mrs. Bonar did not follow him till two
o'clock, when she ordered her female attendant to call her at seven. The
servant, at the appointed time, went to the bed-room of her master and mis-
tress, who usually slept with their door open at this season; but she found
iMr. Bonar mangled and dead upon the floor, and her lady wounded, insensi-
ble, and dying in bed. A bent poker which was lying on the ground, and the
fractured condition of the heads of the unfortunate victims, too plainly denoted
with what instrument the act had been committed.
As there were some rem.ains of life in Mrs. Bonar, servants were sent ex-
press to town for surgical assistance ; but they arrived too late ; the wounds
were mortal, and she expired at one o'clock, having, during the whole pre-
vious time, been insensible, and only once uttering the exclamation of Oh
dear !
Such a scene of horror as the bed-room presented had seldom been wit-
nessed. The first object was the dead body of Mr. Bonar, with the head and
hands dyed in blood : the skull being broken into fragments, in two or three
places; and there was a dreadful laceration across the nose, as if effected by
the edge of the poker. His hands too were mangled in several places, ap-
parently by the same instrument, and there was a severe wound on the right
knee. From the numerous wounds on the body of Mr. Bonar, the swollen
state of his mouth, and the convulsive adhesion of his hands and knees, it
was clear he had struggled with all his force against his assassin. His night-
cap, which lay a few paces from the head, was drenched in blood, with a lock
of his gray hair sticking to it, which seemed to have been struck from the
skull by the violence of the blow of the poker. The pillow of his bed lay
at his feet also covered with blood. The manly athletic person of Mr. Bonar
(for though seventy he was still a powerful man) gave an increase of horror
to this afflicting sight. The view of Mrs. Bonar, though equally distressing,
excited more pity than terror ; though her head had been fractured in a dread-
ful manner, yet there was a calm softness in her countenance, more resem-
bling a healthy sleep than a violent death ; it might have been supposed that
her life had parted from her without one painful eflort. The linen and pillow
of the bed in which she lay were covered with blood, as was also the bed of
Mr. Bonar. They slept in small separate beds, but placed so close together
that there was scarcely room for a person to pass between them.
FOR MURDER. 469
About seven o'clock in the evening, Mr. Bonar, jun. arrived from Faver- ,
sham, where he was on duty as colonel of the Kent local militia. In spite
of the efforts of Mr. Angerstein, jun. and some other gentlemen, he rushed
iip-stairs, exclaiming, " let me see my father : indeed I must see him." It
was impossible to detain him ; he burst into the bed-chamber, and immedi-
ately locked the door after him. Apprehensions were enterrained for his safe- • •
ty, and the door was broken open, when he was seen kneeling with clasped "- «
hands over the body of his beloved father. -^^
Yet it appeared that there had been no attempt at robbery, and no motive
could be imagined for the assassination of two persons who were universally
beloved by all who knew them. No part of the house had been broken open,
but the house-door was found open in the morning. Mrs. Bonar did not re-
tire to bed till two o'clock ; and at four o'clock a washer-woman let herself
in. None of the servants had been alarmed by any cries in the night, but
their division of the house was at some distance from the wing in which Mr.
and Mrs. Bonar slept; and though the room was covered with blood, there
was no trace of a bloody footstep, and only one or two drops in the anti-room
or hall.
About seven o'clock in the morning, when the alarm was first raised among
the servants, the footman, Philip Nicholson, was sent express to London on
one of the best horses in the stable. He went first to the house of Mr. Ast-
ley Cooper, in Broad-street, thence to the Red Lion, near Bedlam, where he
saw one Dale, a man who had lately been discharged from the service of Mr.
Bonar, and to whom he thus expressed himself i—TAe deed is done, and you
are suf<pected .• but you are not in it. He then proceeded to the office at Bow-
street to give information of the murder, and stated that he had seen Dale at
the Red Lion, when his insinuations induced the officers to go after Dale.
Nicholson appeared intoxicated at the office : indeed he had been seen to take
three glasses of rum at the half-way house. The officers then directed him
to follow them, but they soon lost sight of him.
Dale, to whom the officers went in consequence of what was said by
Nicholson, had been butler in the family, and was discharged about a fort- - 4^
night previous for such ill conduct that Mrs. Bonar wished to have him prose- v%-
cuted, but Mr. Bonar was content to dismiss him. He underwent an exami- *' ■
nation before the magistrates, but was dismissed, because he had clearly es-
tablished an alibi, proving that he was at the Red Lion from eleven o'clock
on Sunday evening till six o'clock on Monday morning. He was therefore
suffered to return to his wife, who resided at Chislehurst. * * •
Suspicion having now fallen on Philip Nicholson, owing to his incoherent ' ». "
language and conduct, and to his not returning direct to Chislehurst, a war-
rant was granted by the lord mayor for his apprehension, and one of the city
officers went in quest of him. After diligent inquiry, he was found, on horse-
back, drinking at the irm door of the Three Nuns, in White-chapel. A smart
scuffle ensued, in which Nicholson received some bruises, but he was secured,
and conveyed to Giltspur-street compter. He was now in a state of intoxica-
tion approaching to insanity.
Next day he was brought to the Mansion-house, and it appeared that he
had conducted himself since the death of his master and mistress in the most
unfeeling manner. He said, that the night preceding the murder he went to
bed about twelve o'clock, and knew nothing of what had happened until
called up by the housemaid about eight o'clock next morning, and that he
had fastened some of the windows inside at the usual hour, while the rest
were attended to by the housemaid.
It further appeared that on the murder being discovered, and the servants
assembled, he with others went to the room where his master and mistress *
lay. The former was found quite dead, in a mangled state, and the latter
just evinced signs of life; he himself ascertained the fact by placing his ear
near to the mouth of his mistress. The floor was covered with blood and
2R
'4»
470 PHILIP NICHOLSON,
other matter. He then took the sheets from his master's hed, and with them
wiped the floor; and having done so, he took the bloody linen to the room
where he slept. The groom was present, and assisted him to pull the upper
sheets from his own hed to fold with those of his master's, and he then put
them altocrether under his own hed.
Upon this point he was closely pressed by the lord mayor, and was de-
sired to explain his motive for using the sheets lo absorb the blood, and then
afterwards to fold them in the linen from his own bed, when he ought to
have known that in such cases nothing should be disturbed about the pfrsons
of the deceased. He answered he was ignorant of that; what he had done
was with the best intention, conceiving as he did that so horrid and unplea-
sant a sight would have been offensive to any person having occasion to enter
the room. The other servants, he admitted, would touch nothing. His night
shirt, he said, he left in his bed when he got up, and it might be found. He
was then asked as to a footmark in blood which appeared on the stairs lead-
ing from his apartment to that in which the murders were committed, and he
said, if there were any, it might have been done when he went backwards
and forwards with the soiled sheets ; but he was told that the mark had been
seen before he left his room in the first instance. He was then stripped and
examined in a private room, in order to see if he had any bruises about him,
which he might have received in the conflict with Rir. Bonar. Trifling
bruises were found on his person, particularly one on his forehead ; but those
were explained to have been received in the scufile with the city oflicer.
On being questioned as to his conduct on the way to town, the prisoner ad-
mitted that he left Chislehurst a little after eight o'clock, and that he refreshed
himself and the horse three times on the road, himself with three glasses of
rum, and the horse with three pints of porter; and notwithstanding this, it
appeared, both from his own admission and from information derived from
Mr. Astley Cooper, that he performed the journey of twelve miles in about
forty minutes.
After giving information at Bow-street, instead of returning home to Chisle-
hurst, he repaired to White-chapel, to call on his friends, with whom he was
making merry when he was taken into custody. He was now sent to Chisle-
hurst in care of two officers to give evidence before the coroner's jury.
The inquest closed their sitting at one o'clock on Wednesday morning,
and returned a verdict of ivilfiil murder agahisf Philip Nicholson, the footman,
and at twelve o'clock news was brought that he had cut his throat. He had
secreted a razor from the butler's pantry, where he was first confined, in the
pocket of his small clothes, and had cut his throat whilst in the water-closet.
A surgeon who attended the inquest immediately sewed up the wound. The
gash was so deep, and he bled so copiously, that it was supposed he could
not live many minutes. The wound was so large that the head was almost
severed from the body. He was able to speak, though he would malie no
confession, but persisted in declaring his innocence, and appeared calm and
composed during the whole period that he was sensible.
On Monday the 7th of June, he confessed himself to be the perpetrator of
the murder. On that day he was visited by lord Castlereagh, lord Camden,
lord Robert Seymour, and others, and showed repeated symptoms of annoy-
ance and agitation, which caused his wound suddenly to bleed afresh ; and
the haemorrhage being of an alarming nature, Mr. Bramston, a Romish priest,
came to him. On Tuesday morning Nicholson voluntarily requested Mr.
Bramston to bring colonel Bonar to him immediately, when Nicholson, burst-
ing into tears, expressed his wish to make a full confession; and he made,
and afterwards signed a deposition, acknowledging himself to be the mur-
derer. In consequence of his information, search was made for his bloody
linen, and it was found in a laurel-bush close to the house, covered with
leaves, the stockings were very bloody, and the shirt was rent almost to rags
about the neck and front.
■^.
■^>
FOR MURDER. 471
He was tried at the following- Maidstone assizes for petty treason. The
indictment differed from a common indictment for murder, by an averment
stating that Nicholson was servant to Mr. Bonar, and that he traitorously as
well as feloniously murdered his master. He pleaded not guilty, in conse-
quence, he said, of the persuasion of several persons.
The first witness called was Mary Clarke. At half-past seven o'clock
the housemaid waked her, and told her there was a bad smell in the anti-
room coming from the bed-chamber of her mistress, and asked the witness
whether she had lit the rushlight, which was gone, and whether she had
locked the door of the anti-room on the outside; at the same time she told
the witness that there were footmarks in the anti-room. Witness imme-
diately was much alarmed, and cried out (as she was told, for she was too
much agitated to have any recollection of the circumstance) that there had
been murder. The unusual circumstances which had been mentioned to her
induced her to think that something dreadful had been done. She went up-
stairs with the housemaid, and knelt down on the floor of the anti-room, to
see what the marks were, and thought they looked like blood ; she did not
know whether she then looked into the bed-room; but thought she did, and
saw the toilet thrown over, and some things lying on the floor. Witness then
went to the wash-house, to the laundry-maid, and asked her to go back with
her to see what was the matter; they proceeded together to the bed-room,
when the laundry-maid Avent in and opened one of the window shutters, and,
on looking back, she clapped her hands together and screamed : witness saw
the bedclothes and other things on the floor; she then ran down-stairs, leav-
ing the laundry-maid behind: in the servants' hall, she saw the coachman,
who made her sit down, as she was fainting; when she recovered herself,
she saw the footman, Nicholson, coming into the servants' hall, with what
she thought, were bloody sheets in his hands : he took a sheet from his bed,
and folded the bloody sheet or sheets in it; the footman then said to witness,
Mrs. Clarke, go to your mistress ; she is still alive, perhaps she may be re-
covered : she then ran up-stairs, and saw her master's body covered with,
she believed, a blanket, on the floor; her mistress was in bed, and still
breathing ; did not see her mistress afterwards till she was dead.
Susannah Curnick was next sworn; she rose about half-past six, leaving
Mrs. Clarke in bed : in passing through the hall, she observed the house-
door about half open, a circumstance she had never seen before ; she shut the
door, and then went to the lawn-door, which was shut, but the shutters were
open. The window shutters in the library were closed; she then went into
the drawing-room, where all the windows were shut but one in the centre,
which was wide open; she went up-stairs, and found the anti-room locked,
with the key outside ; she opened the door, and saw footmarks on the floor,
and the rushlight was not in its stand. She then repaired to her own room
to call Mrs. Clarke, to whom she told the circumstances which she had wit-
nessed. Mrs. Clarke exclaimed in great alarm and agitation, then my mas-
ter and mistress are murdered ! vShe helped Mrs. Clarke on with her gown,
and they went together to the bed-room. Mrs. Clarke was afraid to go in,
and witness did not go in, as she had never been accustomed so to do. They
knelt down, and saw that the footsteps were bloody. They then went to-
gether to the pantry. Witness did not go up again till after the footman
came down with the sheets. The footman cried out for assistance, saying
his mistress was not yet dead. The footman left the bundle in the hall, and
said he would go to Mr. Astley Cooper, and for his master's partner, as he
said he was the fittest person to know what had happened. He then went
down the yard with the coachman. The poker in the bed-room lay between
her master and the blanket, on the floor. Had never seen any thing particu-
lar in the footman's conduct. Saw him both before and after the discovery
in the morning, and he appeared sober.
Penelope Folds had been laundry-maid in the family fifteen years. She
472 PHILIP NICHOLSON,
rose a little after four o'clock on the Monday morning, and soon after the
washerwoman came, who let herself in by the laundry door. About half-
past seven Mrs. Clarke came to witness in the laundry, and said she was
afraid something was amiss ; and asked the witness to go up-stairs with her.
She did so, and went into the bed-room, and opened part of one of the win-
dow shutters. She saw her master's body lying on the floor, and blood on
her mistress's pillow. She came down-stairs and went up again, when she
saw the footman covering her master with a blanket ; he said that Mrs. Bonar
was still alive ; he was the first who made this remark : it was not made to
him : he said he must go to town, though she desired him not to leave the
house without a man in it.
William Evans, the groom, had been in the service of the family since
December. He was in the house till after twelve o'clock on Sunday evening,
sitting with the footman, and never saw him in better humour. He had
never heard him say any thing disrespectful of his master or mistress, except
now and then an angry expression at being overworked — such as, " D — n
the old woman, she wears me out." He said that he saw the footman dab-
bing the sheets in the blood, at the foot of the bed,
W, Randall had been coachman in the family for eight years : slept over
the stables ; came to the house about half-past seven, and went to call
Nicholson ; found him sitting on his bed-side ; and almost immediately
heard the cry of murder from the female servants. It was not long before
he saw Nicholson come down-stairs with bloody linen, and wrap it up in a
sheet in the servants' hall. The footman was a very quiet, good fellow ser-
vant, but used, when he had money, to get drunk. The rest of the servants
observed they could not have handled the sheets as Nicholson did. Nichol-
son was very anxious to go to London, and would have a horse. Coachman
thought Nicholson wild-looking when he went away, and appeared as if he
could not ride, though he had been in the dragoons.
Charles King had been a labourer for seven years in the family ; came to
work at between five and six on Monday morning ; came to the house about
twenty minutes after six: got into the house l)y the laundry; went into the
hall, and found the front door open. Philip was then in bed ; he went to
him, and said, " How is it you sleep with the door and window shutters
open ?" He answered, " 1 did not know that they were open." I am sure
he was in bed with his shirt on.
Lavender, the Bow-street officer, stated, that he arrived on Monday about
one o'clock; he found a pair of shoes by the side of the footman's bed,
which he compared with the traces in the anti-room ; and, as he thought,
the impression corresponded with the shoes ; the shoes were not fellows ;
a night-cap was found on the footman's bed, with some stains apparently
bloody.
Foy, of Marlborough-street, compared the shoes, which he had found on
Tuesday morning in a closet in the servant's hall, with the foot traces, and
found they tallied : the shoes were odd ; one common heeled, and worn at
the toe ; the other with a spring heel, as was the case with the shoes which
Lavender found ; there was blood both on the soles and the upper leather.
He had shown them to Nicholson, who acknowledged them to be his, and
said he believed one of them had slipt otl' in the room from which he fetched
the sheets. Foy found them together in the cupboard. Nicholson had also
acknowledged the night-cap, and said he supposed the bloody stains came
from the blood on the sheets.
The groom was called again, and said he found the shoes that morning in
the closet where he went to look for a stick to beat Mr. Bonar's coat ; he
saw they were bloody, and showed them to King, and then put them back
again.
The poker was then produced : it was bent in the upper part ; it was a
common kitchen poker, about two feet four inches long.
V
^
FOR MURDER. 473
The examination being concluded, his confession was read, which corro-
borated their testimony.
Declaration of Nicholson.
I, Philip Nicholson, to clear the innocence of others, and tell the truth of
myself, I committed the murder.
Question by Mr. B. — Had you accomplices ]— No, sir ; I would tell you
if I had.
I do not mean accomplices in the room, but others ] — No, sir ; I did not
know it myself five minutes before.
Explain how it happened. — I was sleeping upon the form, and waked about
three o'clock ; I put the sheet around me, and took the poker from the hall
frate, and a lighted candle in my hand from the hall. I entered the room ;
looked about when I entered, and gave my mistress two blows : she never
moved. I left her, and went round to master, and gave him two or three
blows ; and he said, come to bed, my love, and then he sprung from the bed
and seized hold of me. I hit him, in the struggle, about the arms and legs;
we struggled fifteen minutes or better; he was very near getting the better
of me : Tgot him down by force, and left him groaning. I went down to
wash my hands in the sink of the butler's pantry, and opened the house-door,
and drawing-room windows.
What motive had you ? — I had no bad intention. I did not know what pro-
voked me to do it, more than you do.
You were heard to complain of going so much behind the carriage 1 — Yes ;
but I never thought of doing it from that.
Did you ever feel resentment for going so much behind the carriage 1 — No,
sir ; I never thought much about it.
Had you thought or talked of this murder when you were drinking with
the groom the night before in the hall 1 — No : I never thought of it myself,
or had any idea of it myself.
How long was it after you waked that you went up-stairs ] — I jumped up ;
I was half undressed when sleeping upon the form ; I undressed, and put the
sheet about me.
Why did you put the sheet about you ] — That they might not know me.
When did you drop the sheet ■? — In the struggle : I had it on when I gave
the first blow.
By Mr. A. C. — Did Dale, the butler, know any thing about if?— No, sir.
Did any of the maid servants know any thing about it ] — Not a word.
Why did you go to Dale in London 1 — Nothing particular.
Was it your intention to take any thing away 1 — No, sir.
What was your intention ] — Nothing particular : but when I went into the
room, I saw my master and mistress asleep, and I gave her two blows.
Were you drunk when you went to bed 1 — No, sir, I had drank nothing
but beer. I had not had a drop of spirits all day.
Had you at any former time thought of this murder] — No, sir. I never
thought of such a thing in my life.
What did you do with your bloody things ? — My shirt, neckcloth, and
stockings, I put opposite the hall door, in the shrubbery, under some leaves,
near the little gate. The breeches 1 kept on all day. When I waked from
the form, I only took off my waistcoat.
What did you wipe your hands with 1 — With the sponge in the sink, which
1 left there.
What did you do with your shoes ] Did you put them into the wood clo-
set'?— I might; but I do not remember.
What did you do with the rushlight 1 — I threw it into the coal closet.
Why did you take the rushlight "? — It was dark in the house. ,,
Why did you think it was three o'clock ] — By the break of day.
Why did you open the shutters of your room 1 — To show me light.
2r2 60
474 WILLIAM COBBETT,
Was it to see your clothes ? — No, I had seen them by the rush-light in
coming down-stairs.
Did you go to sleep after committing this act? — I went to bed, but could
not sleep. I was awake when King entered the room.
In the presence of Almighty God, thinking I am on my death-bed, I here-
by declare this to be my voluntary confession, to prevent innocent people be-
ing accused of this circumstance.
(Signed) PHILIP NICHOLSON.
Mr. Justice Heath then summed up the evidence : he said he never knew
a case more clearly proved. The jury immediately returned a verdict of
guilty:
Immediately after the sentence the prisoner put in a paper, and desired it
to be read.
"I acknowledge, with the deepest contrition, the justice of the sentence
unto death which has been just passed upon me. Yet, alas ! what satisfac-
tion can 1 make to the afflicted family of my master and mistress, whom,
without any provocation, I so barbarously murdered ] — I can make none be-
j-^ond the declaration of my guilt, and horror of soul that I could perpetrate
deeds so shocking to human nature and so agonizing to the feelings of that
worthy family. I do most solemnly declare, and I desire this declaration to
be taken as my dying words, that I alone was the base and cruel murderer
of my master and mistress ; that I had no accomplice ; that no one knew or
could possibly suspect that I intended to perpetrate those barbarities ;
that I myself had no intention of committing those horrid deeds, save
for a short time, so short as scarcely to be computed before I actually com-
mitted them : that booty was not the motive of my fatal cruelties ; I am sure
the idea of plunder never presented itself to my mind ; I can attribute those
unnatural murders to no other cause than, at the time of their commission, a
temporary fury from excessive drinking."
So anxious was colonel Bonar to get from the wretch his very dying words,
as to whether he had either motive or accomplice, that a person was deputed
to ascend the platform after the cord was round the prisoner's neck, and to
ask him the following questions : —
Q. Now that you have not many moments to live is all that you have stated,
namely, that you had no motive that you can tell of, nor had you any accom-
plice, true ■? — A. All that I have stated is true.
Then there is no creature living on earth who had any thing to do with the
murder but yourself? — No, no one.
You had no accomplices'? — None.
Had you any antipathy to either your master or mistress before you com-
mitted the horrid murder? — Clasping his hands together as well as his heavy
irons would permit him. As God is in heaven, it was a momentary thought,
as I have repeatedly declared before.
MR. WILLIAM COBBETT, FOR LIBEL,
IN THE COURT OF KINg's BENCH, JUNE 15tH, 1810.
This important case came on to be tried before the right hon. lord Ellen-
borough, at Westminster Hall, for a libel inserted in " Cobbett's Political
Register," published in 1809. The pannel being called over, the following
were sworn of the jury :
Thomas Rhodes, Hampstead road; John Davis, Southampton Place, ditto;
.Tames Ellis, Tottenham Court road; John Richards, Bayswater; Thomas
FOR LIBEL. 475
Marsham, Baker-street ; Robert Heathecote, High-street, Mary-le-bone ;
John Maude, York Place, Mary-le-bone; George Baxter, Church Terrace;
Pancras ; Thomas Taylor, Red Lion Square; David Dean, 110 St. John-
street; William Palmer, Upper-street, Islington; Joseph West (talesman)
was about to be sworn ; but,
Mr. Cobbett objected to him, and he was withdrawn without assigning any
challenge, on the consent of the attorney-general.
Henry Faver (a talesman) was then sworn, and made up the twelve.
Mr. Cobbett objected to him, as being a foreigner, but declaring himself to
be a British born subject, Mr. Cobbett apologized for having been misinformed ^
The opening counsel having shortly stated the substance of tbe information,
The attorney-general then opened the case on behalf of the crown. In
1798, lord Castlereagh brought in his bill, by which the local militia might
be called out for twenty-eight days, though they had only been called out
twenty days. When the Cambridgeshire militia was called out, some dis-
affected persons, in the isle of Ely, caused them to mutiny, and it was found
necessary to call in the military in the neighbourhood, and five of the ring-
leaders were sentenced to receive five hu' dred lashes, part only of which they
received. The German legion, who were thus called in, is composed of a
body of brave men, who, when Hanover was overrun, quitted their country,
and entering into his majesty's service, have conducted themselves with bra-
very ; and it was no disparagement to the British army to say, that the Ger-
man legion have shared the glory with them. At the battle of Talavera, the
German legion took three standards. No troops had ever conducted them-
selves in a more quiet, orderly, and sober manner, and he could not find that
any complaint had been made against them. Mr. Wardle, in a motion in the
house of commons, had proposed to disband the German legion, against which
Mr. Huskisson offered sufficient reasons. A paragraph soon after appeared
in the Courier whicli he would read.
"The mutiny amongst the local militia, which broke out at Ely, was for-
tunately suppressed on Wednesday, by the arrival of four squadrons of the
German legion cavalry, from Bury, under the command of general Auckland.
Five of the ringleaders were tried by a court-martial, and sf.ntenced to receive
Jive hundred lashes each, part of which they received on Wednesday, and a part
was remitted. Jl stoppage fur their knapsacks was the ground of complaint
that excited this mutinous spirit, which occasioned the men to surround their
of^cers, and demand what they deemed their arrears. The first division of the
German legion halted yesterday at Newmarket on their return to Bury." —
Courier newspaper, Saturday, June -2-1, 1809.
With this paragraph, as a text to a sermon, had Mr. Cobbett headed his
paper.
The attorney-general then read the alleged libel. • '
LOCAL MILITIA AND GERMAN LEGION.
See the motto, English reader ? See the motto, and then do pray recollect
all that has been said about tbe way in which Bonaparte raises his soldiers.
Well done, lord Castlereagh ! This isjustwhat it was thought your plan would
produce. Well said, Mr. Huskisson ! It really was not without reason that
you dwelt, with so much earnestness, upon the great utility of the foreign
troops, whom Mr. Wardle appeared to think of no utility at all. Poor gen-
tleman ! he little imagined how a great genius might find useful employment
for such troops. He little imagined that they might be made the means of
compelling Englishmen to submit to that soxioi discipline, which is so con-
ducive to the producing in them a disposition to defend the country, at the
risk of their lives. Let Mr. Wardle look at my motto, and then say, whether
the German soldiers are of no use, — Five hundred lashes each ! — Ay, that is
right I Flog them ; flog them ; flog them I — They deserve it, and a great deal
more. They deserve a flogging at every meal time. " Lash them daily, lash
476 V/ILLIAM COBBETT,
them daily." What, shall the rascals daro to muthiij, and that, too, when the
German legion is so near at hand ! Lash them, lash them, lash them! They
deserve it. O, yes ; they merit a double-tailed cat. Base dogs ! What,
mutiny for the sake of the price of a knapsack! Lash them! Flog them!
Base rascals ! Mutiny for the price of a goat's skin, and then, upon the ap-
pearance of the German soldiers, they take a flogging as quietly as so many
trunks of trees ! I do not know what sort of a place Ely is, but I really
should like to know how the inhabitants looked one another in the face, while
this scene was exhibiting in their town. I should like to have heen able to
see their faces, and to hear their observations to each other, at the time.
This occurrence at home will, one would hope, teach tite loyal a little caution
in speaking of the means which Napoleon employs (or rather, which they
say he employs) in order to get together and to discipline his conscripts.
There is scarcely one of these loyal persons, who has not, at various times,
cited the hund-cuJJUngs, and other means of force, said to be used in drawing
out the young men of France ; there is scarcely one of the loyal, who has not
cited these means as a proof, a complete proof, that the people of France hate
JVapoleun and his govern oient, assist icifh reluctance in his wars, nnd would /t/m
see another revolution. I hope, I say, that the loyal will, hereafter, be more
cautious in drawing such conclusions, now that they see, that our " gallant de-
fenders," not only require physical restraint, in certain cases, but even a little
blood drawn from their backs, and that, too, with the aid and assistance of
German troops. Yes, I hope the loyal will be a little more upon their guard,
in drawing conclusions against Napoleon's popularity. At any rate, every
time they do, in future, burst out in execration against the French, lor suffer-
ing themselves to be "chained together, and forced, at the point of the bayo-
net, to do military duty," I shall just republish the passage which I have
taken for a motto to the present sheet. I have heard of some other pretty
little things of the sort; but I rather choose to take my instance (and a very
complete one it is) from a public print, notoriously under the sway of the
ministry. —
The attorney-general charged against him, that he imputed tyranny, cru-
elty, and injustice against the government of the country; that he held out to
them that the punisliment was undeserved, and held them up to public scorn,
for having been base-minded enough to submit to punishment. Whatever
the author had to allege, he would be patiently heard. He had considered
the paper attentively, and could give it no character but that which he had
described it to be.
Mr. Thomas Harvey called to prove the libel.
Mr. Cobbett declared himself to be the sole proprietor and author of the
paper. He admitted, also, that the paper was purchased at Mr. Budd's.
INIr. Lnkin called to prove that there were troops in the service called the
German legion.
Mr. Gobibett admitted that fact.
The libel was then again read.
Mr. Cobbett now addressing the court, said, he should take up as little time
as possible, doing to himself as much justice as he thought he deserved. In
the whole world there was not a man who had been more calumniated than
himself (Mr. Cobbett), and in the propagation of that calumny, he certainly
did believe his majesty's ministers to be implicated. This was a question
of intention, and, if they could believe him guilty of what was imputed to him,
they must think him capable of any thing. Even in the very streets he was
calumniated by placards. By one person who had a pension of £200 per annum,
and which lord Sidrnouth had struck off, a calumny was asserted at the foot of
a caricature, of a most outrageous nature. [Here Mr. Cobbett read it.] On
seeing this, in which it was asserted, that he had, in 1793, received £4000
for circulating a pamphlet against reform — feeling himself thus charged, he
had written to lord Sidrnouth, from whom he had received a most candid an-
FOR LIBEL. 477
swer. [Here Mr. Cobbett read a letter from lord Sidmouth, contradicting
the aspersion.]
Mr. Cobbett then adverted to a former prosecution in the court of king's
bench, in which he had been prosecuted for the publication of a libel written
by a judge, who, however, now enjoyed a pension, and which, by the liberal-
ity of Mr. Perceval, was increased to £800 per annum. He then adverted
to a prosecution against him for a libel in America, on the trial for which, it
appeared that the Spanish minister had contrived a plot to poison his majes-
ty's troops in America. Having suffered in his fortune in that cause so
severely for his king and country, that very case had been ripped up, and
brought against him on a former occasion by the attorney-general. He would
now endeavour to refute the charge that had been specifically brought against
him. The charge was, that he maliciously intended to excite disaffection,
&,c. The information stated him to do that, being an ill-disposed seditious
person, and in hatred of his majesty and his government — that is, he meant
to do injury to his country. But if they found him guilty, it must be on
the principle that such was his intention. He begged their particular atten-
tion to this ; for in the intention consisted the whole of this case. The
attorney-general knew the whole paragraph to be satirical — a criticism on
lord Castlereagh's bill, the mischief from which he had been very forward in
anticipating. But, oh I says lord Castlereagh, you cannot mean me, you
must mean the king — " speaking of flogging, it cannot mean me." Why,
bye and bye, if a minister were pelted in the street with mud, we should be
told the mud was thrown at the king, and not at the minister. There was
nothing in the paper to affront the king. If the information had said, he had
intended to attack lord Castlereagh, he should admit the fact. The attorney-
general had said, on a former occasion, that he did not meddle with writers
for attacking ministers, — this was a mere attack upon ministers, and every-
body knew it. The forced construction on his words was obvious ; he was
ridiculing the measure, and in saying, " flog them," he meant nothing more
than a ridicule of lord Castlereagh's measure. Were we never to complain
of soldiers being ill-treated 1 If we were to see a soldier flogged to death,
was no tongue, no pen, to move in his defence ■? The object was, to cause
the folly of the measure to be done away. A young fellow with a smock
frock, sentenced to five hundred lashes for mutiny ; but this was not a mutiny ;
a squabble about a marching guinea: he had told lord Castlereagh, that by
that measure he had just made these men soldiers enough to dislike labour,
and yet not soldiers enough to cease to be labourers. He would read what
lord Grenville had said.
Lord Ellenborough interfered, he thought the reference to parliament im-
proper.
Mr. Cobbett continued. — It was said by Mr. Whitbread, that the treatment
of soldiers in the duke of Cumberland's regiment was as severe as ever, and
even picketting in that regiment, although the practice had been discontinued
in every other. But did Mr. Whitbread mean, by that, to bring his majesty
and his government into contempt?
[The attorney-general here interfered, and lord Ellenborough said, that the
allusion to what had passed in parliament had no proper reference to the de-
fendant's defence.]
Mr. Cobbett resumed. — The man who meant to excite disaffection in the
army, would not have taken such open measures as had been imputed ; he
would have proceeded more secretly and insidiously. The employment of
the German troops was that circumstance which had excited his indignation;
to see those foreigners brought to superintend, or, perhaps, inflict the punish-
ment on the misled young- men, who had been concerned in the squabble at
Ely, excited his indignation more than the punishment itself. Our ancestors
had always disliked foreign troops ; almost every body disliked them, and
sure'y that dislike could not be construed into any thing Jacobinical. In
478 WILLIAM COCBETT,
1628, the commons had remonstrated with Charles L against the introduction
of German horse. [Here Mr. Cobbett read the passage.] Those sentiments,
contained in that protest, were his (Mr. C.'s) sentiments, and the conduct of
the German troops, within his own observation, had strengthened that opinion.
[Mr. Cobbett then read another passage, from a debate on the appointment
of foreign officers, in the reign of William III.]
There were no fewer than four or live German generals, who commanded
even English generals. Since the year 1786, this force had increased from
twenty-four to thirty-four thousand men. We had thirty-four thousand one
hundred and twenty-four foreigners, four generals, four lieutenant-generals,
and nineteen colonels. There was also a Frenchman, of the name of Monta-
lambert, on the staff in Sussex, and two Frenchmen at a dockyard in Wales;
that was directly against law. Both the acts of parliaments by which Ger-
man troops are allowed to be in England, were, in truth, merely acts of in-
demnity, for the declaration of rights, and other statutes had declared the
holding places of trust, either civil or military, illegal. There were no less
than seven hundred and seventy-three German officers in our service, and
including foreigners of other nations, there were fifteen hundred and nine
foreign officers in our pay. Of the number of foreign troops in our service,
not more than four or five thousand nrien had been enlisted in this country ;
many of the thirty-four thousand had been even enlisted in Spain ; taken out
of prison there, having been in Dupont's army ! Why, then, were these men
brought to superintend the lashing the backs of his own countrymen'? It had
been asserted that the German troops had behaved bravely at Talavera ; that
he knew to be the contrary of the fact; he had a letter from an officer of horse
artillery, lieutenant Frederick Reed, to an officer high in government, in the
office of ordnance, in which it was asserted, that from the cowardice of the
German legion, some English regiments would have been cut off, if the 29th
had not come to their assistance. This was confirmed to him by several
officers who had slept at his house at Botley, after their arrival in England.
A German officer, of the name of Landreth, had, indeed, seized a standard,
and endeavi ured to rally his countrymen, but it was found impossible. With
respect to their conduct in quarters, he was himself able to form some esti-
mate, as he lived in the neighbourhood where they were quartered. But he
would first read a document, which would show what had been their con-
duct even in Germany. [Mr. Cobbelt then read a letter from the archduke
Charles, to the duke of Brunswick Oels, reprobating the excesses committed
by his corps in Saxony.] These were the very n)en now in our pay. On
their landing in England, they were quartered in tiie isle of Wight, where
the}' committed every species of brutal excess; from whence they were sent
to Ireland, on account of tlieir enormities. They had even been accused of
committing murders. A landlord, who refused them liquor, had been attacked
by them with swords, in his own bar, in the most ferocious manner. And
the terror of the inhabitants of Newport exceeded any thing that had been
seen in this country. The attorney-general had, therefore, been grossly mis-
informed on the subject of their bravery and good conduct. Airiong those
men, there might be good men, but they could not have the feelings of Eng-
lishmen. At Guadaloupe, the 60lh regiment, we were told, had run away.
The depot of that regiment was at Lymington, and was filled up principally
with foreigners, and vagabonds taken from our jails, whence they were
shipped off to the 60th regiment, in the West Indies, where they had an
opportunity of showing their bravery — by running away. Under these im-
pressions he had written the article in question, and he trusted the jury
would see that it could arise from no evil intention, but from the irritation of
his feelings alone. Every advantage he possessed was prospective ; all his
prospects, his property, his publication, even the very trees he planted, all
depended on the continuance of his majesty's government ; and that, there-
lore, it was impossible that anj man could impute to him an intention so
FOR LIBEL. 479
stupid, so absurd, so senseless, as to wish for tiie overthrow of that g-overn-
ment under which he lived.
The attorney-general ihoug^ht Mr. Cobbett would have better consulted his
interest, if, instead of the defence he had made, he had admitted, as the other
defendants had, that he had published a libel (by letting judgment go by
default), instead of adding to it by the scandal he had uttered in his defence.
He then accounted for the delay, by the distance of Mr. Cobbett's residence
from town. Mr. Cobbett had urged, as a reason why he should not be pro-
secuted, that others had published worse libels than this, for which they had
not been prosecuted. The wickedness of him who composes, and of him
who prints, a libel, certainly bore no comparison ; and, except for deter-
ring oihers, there was no reason for prosecuting- a printer, unless it were for
the purpose of getting at the author. Although men, who lend themselves
to others, were, in such cases, guilty of a serious crime, there was, he re-
peated, no comparison between the printer and the author. It would be of
no consequence to any one, of what opinion Mr. Cobbett might be; but he
(the attorney-general) would ask the jury had Mr. Cobbett merely offered
an opinion on the subject 1 He had introduced his opinion by stating, that
the acts authorizing his majesty to raise foreign troops, were mere acts of
indemnity; but, in his defence, had contented himself with stating his own
conduct and opinions, and concluded his argument by assuring the court and
jury, that the libel was merely a mode of writing he had adopted, for
pointing out the errors of lord Castlereagh ! but he would ask the jury, was
there any thing like discussion in the paper! It must be remembered, that
this ])aper appeared after a legislative irieasure had been passed, by which a
military force had been embodied, and after a mutiny had taken place, for
which punishment had been awarded, although part of that punishment had
been remitted ; the object, then, of Mr. Cobbett must have been again to light
up the flame of discord, by holding out that the German legion was brought
for the purpose of flogging our soldiers, who were forced into the army by
measures more tyrannical than those of Bonaparte. But his lordship would
tell them, whether the object of this paper was not to create general discon-
tent, and defame and villify those who had legally entered into the service
of this country. [The attorney-general then read several of the passages from
the libel, on each of which he animadverted.] He asked, what could Mr.
Cobbett mean but to reproach and taunt the local militia, for having submit-
ted to be flogged 1 Did he not mean to ridicule them for being so dastardly 1
Surely he did, and meant also to excite the people of Ely to rescue the sol-
diers from the punishment of the law. These men, who were punished, had
surrounded and beset their officers, and being guilty of mutiny, were sentenced
to a deserved punishment. But this mutiny I\Ir. Cobbett had treated very
slightly, and his indignation had been powerfully excited, that in conse-
quence of this trivial offence, this squabble, the German legion should have
been sent for to flog them. But that was not the fact ; the German legion had
been sent for to suppress, in the first instance, a most dangerous mutiny, and
eventually to oblige the mutineers to submit to the decision of the law, by
which they were awarded punishment. Mr. Cobbett did not even allow it
to be a mutiny, but merely a little disorderly conduct ; a squabble about the
marching guinea. The question before the court and jury was not on the
merits or demerits of the German legion ; the question for the jury to decide
was, whether that mischievous paper which had been read, had it not in view
to hold up those brave men to obloquy and contempt, and to excite in the
minds of the military disobedience and resistance, and in those of the peo-
ple at large of this country, a disposition to discontent and disaffection.
Lord EUenborough then proceeded with a recapitulation of the material
parts of the alleged libel, in which he observed, that the question for the jury
to consider, was, whether the mischief ascribed to this publication was fairly
ascribable to it, and whether it was of the noxious tendency imputed to it.
480 WILLIAM COBBETT,
If that publication imported mischief, the jury was bound to conceive that
mischief was intended. This was the correct and leg'al rule as to intention.
The publication before the jury was not, it must be seen, one random expres-
sion, liable to be indiscreetly written in a hurry, but a continuity of terms,
and it was their province to decide, whether such a publication had, or could
have any but one purpose. (Here the learned lord read a passage from the
libel, referring to the contrast of Mr. Wardle's opinion with that of Mr. Hus-
kisson, with respect to the employment of foreign troops, and the use they
were meant for in this country, namely, for the infliction of punishment upon
the British soldiers, and pointed the attention of the jury to this passage, if
any doubts existed in their mind.) If any thing were wanted by way of ex-
planation, in order to enable them to collect the defendant's real meaning in
this passage, it was only necessary to refer to the following expression of his
own, towards the close of his defence, — "I should not have said so much of
these Germans, if they had not been brought into this country to flog the
backs of my own countrymen." But could the purpose of the defendant be
deemed, for a moment, ambiguous. The repeating, so frequently and em-
phatically, the words " flog them, flog them ;" could he mean it as an advice
to the oflicers, to urge a repetition of the punishment, or as an exhortation to
the men to induce them to submit to if? No; the meaning was clearly
this, that if these militia men endured punishment, — that if they suflTered
themselves to be punished with arms in their hands, with which they might
make resistance, they richly deserved that punishment, however severe it
might be. Now, as to the defendant's address to the inhabitants of Ely, did
not this address appear to imply an imputation or reproach \ipon the inhabit-
ants, for having passively witnessed the punishments alluded to 1 What
else could it mean] The defendant had not, he observed, touched upon this
point, in the course of his defence, but he had endeavoured to defend the
whole article, by stating, that it was merely a composition of bad taste — that
it was only defective in style. Was this, however, the only fault attributable
to it ■? Was this the only inference to be drawn from it ] Did it not betray
a bad moral and political feeling; and was not its evident purpose to excite
the soldiery against each other, and to excite the people against ministers —
against the whole government and constitution, under whose laws and orders
the punishments referred to had been inflicted "? " According to law," said
his lordship, "it is my duty to state to you my opinion, upon any case sub-
mitted for your consideration. When I have doubts, 1 never decline to com-
municate those doubts, and when I differ in opinion from the prosecution, I
have not hesitated to state that difference ; but, upon this occasion, I must
say, that I feel no such doubt or difference, it being the confident certainty
and full conviction of my mind, that this is a most seditious libel."
The jury, after consulting for about two minutes, returned a verdict of
Gull/ 1/.
On the fifth of July following, the attorney-general moved for the judg-
ment of the court on Mr. Cobbett, and Messrs. Hansard, Bagshaw, and Budd,
as printer, and publishers and vendors, of the libel, when affidavits were put
in on the part of the printer and publishers, stating, that they printed and sold
the work containing the libel, in the ordinary course of their business. On
July 9th, they were again brought up, when Mr. Justice Grose, addressing
himself to Mr. Cobbett, informed him that he stood there to receive judg-
ment for having written, and given to the world, a very seditious and mis-
chievous libel, tending to produce mutiny among our soldiers, by instilling
into their minds, that they were treated with unnecessary and unbecoming
severity. The libel had been submitted to the consideration of a jury of his
fellow subjects, who had expressed their opinion of its tendency by pro-
nouncing a verdict of guilty. A publication more nearly allied to high-
treason he had never witnessed, and the consequences which might have
been produced by so inflammatory and dangerous a production could not be
JOHN BELLINGHAM, ESQ. 481
contemplated without horror. That it was the intention of the person at the
bar, to whom he now addressed himself, that it should produce such conse-
quences, he should not say, but such must strike every one as their obvious
tendency. In mitigation, he had offered nothing-. The obvious inference
from which was, that he had nothing in mitigation which he could offer.
Considering the mischievous nature of the publication, the consequences
which were likely to have resulted from it, and the peculiar period of time
at which the publication had been brought forward, the sentence of the court
upon him, William Cobbett, was,
" That he do pay to the king a fine of one thousand pounds — be imprisotied
in the jail of Newgate for the space of two years ; that he do then enter into
recognizances to keep the peace for seven years, himself in three thousand
pounds, and two sureties in one thousand pounds each, and that he be further
imprisoned till such fine be paid and sureties found."
Addressing himself to the other three defendants, the learned judge ob-
served, that their guilt was greatly less than that of the author and principal
m the offence. They had also evinced their sorrow for the crime they had
committed, by allowing judgment to go against them by default. Of these
three, the offence of Hansard was the greatest, and though the guilt of them
all was infinitely less than that of Mr. Cobbett, their guilt was not done
away by the aggravated nature of his offence. It was no answer for them to
say, that they did not know the contents of the publication. It is the bounden
duty of persons concerned in publications, to know that they are responsible
for the contents of these publications. In the circumstances of each particu-
lar case, the sentence of the court was,
" That the defendant, T. C. Hansard, be committed to the custody of the
marshall of the Marshalsea of that court, for the space of three calendar
months, and at the expiration of that time, do enter into recognizances to
keep the peace for three years, himself in four hundred pounds, and two
sureties in two hundred pounds."
And that the other two defendants, Richard Bagshaw and John Budd,
" Be committed to the custody of the marshall of the Marshalsea of that
court, for the space of two calendar months, and be then discharged."
JOHN BELLINGHAM, ESQ.
FOR THE MURDER OF THE RIGHT HON. SPENCER PERCEVAL, CHANCELLOR OF THE
EXCHEQUER, ETC., IN THE LOBBY OF THE HOUSE OF COMMONS, MAY 11, 1811.
On Monday, May the 11th, as Mr. Perceval was entering the lobby of the
house of commons, at a quarter past five in the evening, he was shot with a
pistol fired at him as he entered the door. He was in company with lord F.
Osborne, and immediately on receiving the ball, which entered the left breast,
he staggered, and fell at the feet of Mr. W. Smith, who was standing near
the second pillar. The only words he uttered were, " Oh ! I am murdered !"
and the latter was inarticulate, the sound dying between his lips. He was
instantly taken up by Mr. Smith, who did not recognise him until he had ex-
amined his face. The report of the pistol immediately drew great numbers
to the spot, who assisted Mr. Smith in conveying the body of Mr. Perceval
into the speaker's apartments ; but all signs of life had departed.
Mr. Perceval's body was placed upon a bed, when Mr. Lynn, of Great
George-street, who had been sent for, arrived, but too late even to witness the
last symptoms of expiring existence. He found that the ball, which was of
an unusually large size, had penetrated the heart near its centre, and had
2S 61
482 JOHN BELLINGHAM, ESQ.
passed completely through it. From thence the body was removed to the
speaker's drawing-room by Mr. Lynn and several members, where it was laid
on a sofa.
The horror and dismay occasioned by the assassination of Mr. Perceval,
prevented any attention from being paid to the perpetrator, and it was not
until he was raised from the floor, that a person exclaimed, "Where is the
rascal that fired ]" when a person of the name of Bellingham, M-ho had been
unobserved, stepped up to him, and coolly rejiUed, "I am the unfortunate
man." He did not make any attempt to escape, though he had thrown away
the pistol by which he had perpetrated the deed, but resigned himself quietly
into the hands of some of the by-standers. They placed him upon a bench
near the fire-place, where they detained him ; the doors were closed, and the
egress of all persons prevented. When the assassin was interrogated as to
his motive for this dreadful act, he replied, " My name is Bellingham ; it is
a private injury ; I know what I have done; it was a de?iiul of justice on the
purt af gdverninent.''''
At this time the prisoner was not in legal custody, but was surrounded by
several members, who insisted that he should be taken into the body of the
house. The criminal was, however, previously searched, to which he made
no resistance, and upon his person were found a steel pistol, loaded, about
seven inches in length (the fellow to that with which he had efl'ected his
fatal purpose, which had been secured), with a short screw barrel, and a bun-
dle of papers f Jded like letters. Two messengers then conveyed the prisoner
to the bar of the house of commons, where the utmost confusion and anxiety
prevailed. The speaker had quilted the conmiittee on the orders in council,
but on hearing the afllicting intelligence, he returned, and resunjed his seat.
Order having been restored, general Gascoyne said, in an audible voice, " I
think I know the villain," and walking up to the assassin, and looking in his
face, inquired, " Is not your name Bellingham ]" He returned no answer, but
by shaking his head ; and stood afterwards motionless, and apparently com-
posed, resting his hands upon the bar, and looking directly towards the chair.
Bellingham was conducted, without the slightest resistance, to a large room
beyond the termination of the upper lobby, where the magistrate (IMr. Wat-
son, sergeant-at-arms of the house of lords), who had been sent for, attended ;
Mr. Alderman Combe, Mr. Angelo Taylor, and other magistrates, assisted at
the examination. The witnesses proved these facts. It appeared that a per-
son was standing between the deceased and the prisoner at the time the pistol
was fired, and that the latter, to effect his diabolical design, was obliged to
raise his hand over the shoulder of the intervening individual, and the ball,
consequently, took a slanting direction, entering rather high upon the breast-
bone. The flash of the pistol was seen by many, but the perpetration of the
crime was so instantaneous, that its prevention was impossible. The assas-
sin had been often seen in the gallery of the house, and it appeared that he
had the previous day been watching the entrance of every member into the
lobby with great attention, although this circumstance excited no peculiar
notice. General Gascoyne, the member for Liverpool, deposed, before Mr.
W^atson and the other magistrates, that he had received many petitions and
memorials from him, respecting some claims upon government, which he
sought to be allowed. Those demands, it was stated, originated in services
alleged to be performed by the criminal in Russia, for which, he complained,
he had obtained no remuneration. It seemed, likewise, that numerous similar
ineffectual representations had been made to the unfortunate victim of his re-
venge, and to the speaker. General Tarleton also gave evidence, as well as
many others who witnessed the perpetration of the sanguinary deed, and those
who first seized upon the prisoner's person.
During the whole of the examination, Bellingham maintained the utmost
composure. He said he had, for more than a fortnight, watched for a favour-
able opportunity of effecting his purpose ; that he had implored for justice in
FOR MURDER. 483
vain ; that he had made application to every person likely to procure him re-
dress ; and that he had been, at length, driven to despair, hy being tuld at the
public offices., that he might do his worst ,- " / have obeyed them,'''' said he, " 1
have done my worst, and I rejoice in my deed.''''
Mrs. Perceval was on a visit to the hon. Mrs. Ryder, in Great George-
street, Westminster, when the sad catastrophe happened, and was apprized
of it on her return to Downing-street. Mrs. Perceval and her children, eleven
in number, were plunged into inexpressible grief, as was lord Arden, his
brother.
The environs of Parliament-street and Palace-yard were rendered almost
impassable by the pressure of the crowd, notwithstanding the vigilance of the
police officers.
The body of Mr. Perceval was removed from the speaker's house, during
Monday night, to his own in Downing-street ; and the next morning, at eleven
o'clock, a most respectable jury was summoned to attend A. Gell, esq., coro-
ner for Westminster, at the sign of the Rose and Crown, in Downing-street.
After taking a view of the body, and examining witnesses, they brought in a
verdict oi toilful murder against John Bellingham, alias Ballingham.
This culprit was a tall, raw-boned man, and appeared about foriy-two years
of age, with a thin, long visage, aquiline nose, and short brown hair. After
committing the horrid deed, his principal anxiety seemed to be to persuade
the spectators that the act was justifiable from the provocation he had re-
ceived. He was stated to be a native of St. Neott's, in Huntingdonshire.
His last application to government on his affairs was made on Monday
morning, when he received a repulsive answer, which was supposed to have
confirmed him in that dark and bloody purpose which he had carried into
effect.
Mr. Bellingham ate a hearty dinner on Tuesday, soon after two o'clock,
requesting to dine at that hour in futnrfi ; and, after passing the rest of the day
in a tranquil manner, he retired to bed at twelve, and slept till seven next
morning, being attended by two persons during the night. He breakfasted
about nine o'clock, and appeared quite composed, talking with apparent in-
difference about his trial, and repeating his former statements. On the same
day, the following letter was sent by Mr. Bellingham, from his room in New-
gate, to Mrs. Roberts, No. 9, New Milman-street, the lady at whose house
he lodged.
Tuesday morning, Old Bailey.
Dear Madam, — Yesterday midnight, I was escorted to this neighbourhood
by a noble troop of light horse, and delivered into the care of Mr. Newman
(by Mr. Taylor the magistrate and M. P.), as a state prisoner of the first
class. For eight years I have never found my mind so tranquil as since this
melancholy, but necessary catastrophe, as the merits or demerits of my pe-
culiar case must be regularly unfolded in a criminal court of justice, to ascer-
tain the guilty party, by a jury of my country. I have to request the favour
of you to send me three or four shirts, some cravats, handkerchiefs, night-
caps, stockings, &c., out of my drawers, together with comb, soap, tooth-
brush, with any other trifle that presents itself, which you think I may have
occasion for, and enclose them in my leather trunk, and the key please to send
sealed, per bearer: also my great-coat, flannel gown, and black waistcoat,
which will much oblige, dear madam, your very obedient servant,
JOHN BELLINGHAM-
To the above please to add the prayer-book.
To Mrs. Roberts.
On Wednesday morning, the sheriffs, accompanied by several other gentle-
men, visited Mr. Bellingham in Newgate, and found him in nearly the same
state of mind as on Tuesday; but on entering into conversation with him re-
484 JOHN BELLINGHAM, ESQ.
specting the melancholy suhject of Mr. Perceval's assassination, he became
less tranquil, and persisted in vindicating- the act, and said, when his trial
came before a jury of his countrymen, it would then be determined how far a
minister was justified in refusing- justice to an injured individual. Had he
shot Mr. Perceval from personal malice, he should have been worse than a
brute. It was the minuter, and not the man, that had led him to commit the
deed. He further declared, that had he a million of lives to lose, they would
not prevent him from pursuing his object in the same way. Mr. Harmer, his
solicitor, had been with him for two hours, to receive instructions preparatory
to his trial, and he expressed a wish to retain Mr. Brougham and Mr. Alley
as counsel.
On Thursday, the g^and jury, at Hick's Hall, found a true bill against Bel-
lingham, for the wilful murder of the right honourable Spencer Perceval. It
appeared that, with respect to the manner in which Bellingham passed the
previous part of the day on which he committed the murder, he went with a
lady to the European Museum, where he was detained till past four o'clock.
He parted from her at the extremity of Sydney's Alley, and went down im-
mediately to the house of commons, without having dined, and with his
pistols loaded. He was so anxious not to be disappointed by the failure of
the weapon, that, after he had bought his pistols, for which he gave four
guineas, he went to Primrose Hill, to try how they would go off, and when
he had ascertained their efficacy, loaded them for his purpose.
His trial came on at the Old Bailey, Friday, May 15th. At half-past ten,
the judges, lord chief-justice Mansfield, baron Graham, and sir Nash Grose,
entered the court. The prisoner was immediately ordered to the bar. He
advanced slowly, with the utmost composure of countenance, and bowed to
the court. He was dressed in a brown coat, striped waistcoat, and dark
small-clothes. The prisoner pleaded not guilty, and the facts, already stated,
having been proved by several respectable witnesses, he was called upon for
his defence 1
The prisoner asked whether his counsel had nothing to urge in his defence.
■ Mr. Alley informed him that his counsel were not entitled to speak.
The prisoner said, that the documents and papers necessary to his defence
had been taken out of his pocket, and had not since been restored to him.
The papers were then handed to the prisoner, who proceeded to arrange and
examine them. The prisoner, who had been silting till now, rose, and bow-
ing respectfully to the court and jury, went into his defence, in a firm tone
of voice, and without any appearance of embarrassment, or feeling for the
awful situation in which he was placed. He spoke nearly to the following
effect : —
I feel great obligation to the attorney-general for the objection which he
has made to the plea of insanity. I think it is far more fortunate that such
a plea as that should have been unfounded, than it should have existed in
fact. I am obliged to my counsel, however, for having thus endeavoured to
consult my interest, as I am convinced the attempt has arisen from the kind-
est motives. That I am, or have been insane, is a circumstance of wliich I
am not apprized, except ia the single instance of my having been confined in
Russia — how far that may be considered as affecting my present situation, it
is not for me to determine. This is the first time that I have ever spoken in
public in this way. I feel my own incompetency, but I trust you will attend
to the substance, rather than to the manner, of my investigating the truth of
an affair which has occasioned my presence at this bar. 1 beg to assure you,
that the crime which I have committed, has arisen from compulsion, rather
than from any hostility to the man, whom it has been my fate to destroy.
Considering the amiable character, and the universally admitted virtues of
Mr. Perceval, I feel, if I could murder him in a cool and unjustifiable man-
ner, I should not deserve to live another moment in this world. Conscious,
however, that I shall be able to justify every thing which I have done, I feel
FOR MURDER. 485
some degree of confidence in meeting the storm which assails me, and shall
now proceed to unfold a catalogue of circumstances, which, while they har-
row up my own soul, will, I am sure, tend to the extenuation of my conduct
in this honourable court. This, as has already been candidly stated by the
attorney-general, is the first instance in which any, the slightest, imputation
has been cast upon my moral character. Until this fatal catastrophe, which
no one can more heartily regret than I do, not excepting even the family of
Mr. Perceval himself, I have stood alike pure in the minds of those who
have known me, and in the judgment of my own heart. I hope I see this
affair in the true light. For eight years, gentlemen of the jury, have I been
exposed to all the miseries which it is possible for human nature to endure.
Driven almost to despair, I sought for redress in vain. For this affair, I had
the carte blanche of government, as I will prove by the naost incontestable
evidence, namely, the writing of the secretary of state himself. I come be-
fore you under peculiar disadvantages. Many of my most material papers
are now at Liverpool, for which I have written, but have been called upon
my trial before it was possible to obtain an answer to my letter. Without
witnesses, therefore, and in the absence of many papers necessary to my jus-
tification, I am sure you will admit 1 have just grounds for claiming some in-
dulgence. I must state, thrj; after my return from my voyage to Archangel,
I transmitted to his royal highness the prince-regent, through my solicitor,
Mr. Windle, a petition ; and in consequence of receiving no reply, I came to
London, to see the result. Surprised at the delay, and conceiving that the
interests of my country were at stake, I considered this step as essential, as
well for the assertion of my own right, as for the vindication of the national
honour. I waited upon colonel M'Mahon, who stated that my petition had
been received, but, owing to some accident, had been mislaid. Under these
circumstances, I drew out another account of the particulars of the Russian
affair, and this may be coj\isidered as the commencement of that train of
events, which led to the -ar*iicting and unhappy fate of Mr. Perceval. This
petition I shall now beg leave to read. fHere the prisoner read a long
■petition. J
In the course of narrating these hardships, he took occasion to explain
several points, and adverted with great feeling to the unhappy situation in
which he was placed, from the circumstance of his having been but lately
married to his wife, then about twenty years of acre, with an infant at her
breast, and who had been waiting for him at St. Petersburgh, in order that
she might accompany him to England — a prey to all those anxieties which
the unexpected and cruel incarceration of her husband, without any just
grounds, was calculated to excite, fin saying this, the prisoner seemed much
affected. J He also described his feelings at a subsequent period, when his
wife, from an anxiety to reach her native country (England) when in a state
of pregnancy, and looking to the improbability of his liberation, was obliged
to quit Petersburgh unprotected, and undertake the voyage at the peril of her
life, while lord L. Gower and sir S. Shairpe suffered him to remain in a situa-
tion worse than death. " My God ! my God !" he exclaimed, " what heart
could bear such excruciating tortures, without bursting with indignation at
conduct so diametrically opposite to justice and to humanity. I appeal to
you, gentlemen of the jury, as men — I appeal to you as Christians — whether,
under such circumstances of persecution, it was possible for me to regard the
actions of the ambassador and consul of my own country, with any other
feelings but those of detestation and horror. In using lauc^uage thus strong,
I feel that I commit an error ; yet does my heart tell me, that men who lent
themselves thus to bolster up the basest acts of persecution, there are no ob-
servations, however strong, which the strict justice of the case would not
excuse my using tow'ards them. Had I been so fortunate as to have met lord
Leveson Gower, instead of that truly amiable and highly lamented individual,
Mr. Perceval, he is the man who should have received the ball !!!"
2 s2
486 JOHN BELLINGHAM, ESQ.
After readinff several other papers, he thus proceeded : — T will now only-
mention a few observations by way of defence. You have before you all the
particulars of this melancholy transaction. Believe me, g-entlemen, the rash-
ness of which I have been guilty, has not been dictated by any personal ani-
mosity to Mr. Perceval, rather than injure whom, from private or malicious
motives, I would suffer my limbs to be cut from my body. CHere the prisoner
seemed again much agitated. J
If, whenever I am called before the tribunal of God, I can appear with as
clear a conscience as I now possess, in regard to the alleged charge of the
wilful murder of the unfortunate gentleman, the investigation of whose
death has occupied your attention, it would be happy for me, as essentially
securing to me eternal salvation, — but that is impossible. That my arm has
been the means of his melancholy and lamented exit, I am ready to allow.
But to constitute murder, it must clearly and absolutely be proved to have
arisen from malice prepense, and vjith a malicious design, as I have no doubt
the learned judge will shortly lay down, in explaining the law on the sub-
ject. If such is the case, I am guilty ; if not, I look forward with confidence
to your acquittal.
That the contrary is the case, has been most clearly and irrefragably proved :
no doubt can rest upon your minds, as my uniform and undeviating object
has been, an endeavour to obtain justice, according to law, for a series of
the most long-continued and unmerited sufferings that were ever submitted
to a court of law, without having been guilty of any other crime than an ap-
peal for redress for a most flagrant injury offered to my sovereign and my
country, wherein my liberty and property have fallen a sacrifice for the con-
tinued period of eight years, to the total ruin of myself and family (with
authenticated documents of the truth of the allegations), merely because it
was Mr. Grant's pleasure that justice should not he granted, sheltering him-
self with the idea of there being no alternative remaining, as my petition to
parliament for redress could not be brought foiward (as having a pecuniary
tendency) without the sanction of his majesty's ministers, and that he was
determined to oppose, by trampling both on law and right.
Gentlemen, where a man has so strong and serious a criminal case to bring
forward as mine has been, the nature of which was purely national, it is the
bounden duty of government to attend to it, for justice is a matter of right,
and not of favour. And when a minister is so unprincipled and presumptuous,
at any time, but especially in a case of such urgent necessity, as to set him-
self above both the sovereign and the laws, as has been the case with Mr.
Perceval, he must do it at his personal risk ; for, by the law, he cannot be
protected.
Gentlemen, if this is not fact, the mere will of a minister Avould be law ;
it would be this thing to-day, and the other to-morrow, as either interest or
caprice might dictate. What would become of our liberties 1 where would
be the purity and the impartiality of the justice we so much boast of? To
government's non-attendance to the dictates of justice, is solely to be attri-
buted the melancholy catastrophe of the unfortunate gentleman, as any
malicious intention to his injury was the most remote from my heart. Justice,
and justice only, was my object, which government uniformly objected to
grant; and the distress it reduced me to, drove me to despair; in consequence,
and purely for the purpose of having the singular affair legally investigated,
I gave notice at the public office, Bow-street, requesting the magistrates to
acquaint his majesty's ministers, that if they persisted in refusing justice, or
even to permit me to bring my just petition into parliament for redress, I
should be under the imperious necessity of executing justice mijself, solely for
the purpose of ascertaining, through a criminal court, whether his majesty's
ministers have the power to refuse justice to a well authenticated and irrefu-
table act of oppression, committed by the consul and anibassador abroad,
whereby my sovereign's and country's honour were materially tarnished, by
FOR MURDER. 487
my person endeavouring to be made the stalking-horse of justification to one
of the greatest insults that could be offered to the crown.
But, in order to avoid so reluctant and abhorrent an alternative, I have
hoped to be allowed to bring my petition to the house of commons, or that
they would do what was right and proper themselves.
On my return home from Russia, I brought most serious charges to the
privy council, both against sir Stephen Shairpe and lord G. L. Gower, when
the affair was determined to be purely national, and, consequently, it was the
duty of his majesty's ministers to arraign it, by acting on the resol ution of the
council. Suppose, for instance, the charge I brought could have been proved
to be erroneous, should 1 not have been called to severe account for my con-
duct; but, being true, ought I not to have been redressed ]
After the notice from the police to government, Mr. Ryder, conscious of the
truth and cruelty of the case, transmitted the affair to the treasury, referring
me there for a final result. After a delay of some weeks, the treasury came
to the resolution of sending the affair back to the secretary of state's office;
at the same time, I was told by a Mr. Hill, he thought it would be useless
my making further application to government, and that I was at full liberty
to take such measures as I thought proper for redress.
Mr. Beckett, the under-secretary of state, confirmed the same, adding, that
Mr. Perceval had been consulted, and could not allow any petition to come
forward. Thus, by a direct refusal of justice, with a carte blanche to act in
whatever manner I thought proper, were the sole causes of the fatal catas-
trophe ; and they have now to reflect on their own impure conduct for what
has happened.
It is a melancholy fact, that the warping of justice, including all the vari-
ous ramifications in which it operates, occasions more misery in the world,
in a moral sense, than all the acts of God in a physical one, with which he
punishes mankind for their transgressions; a confirmation of which, the sin-
gle but strong instance before you is one remarkable proof.
If a poor unfortunate man stops another upon the highway, and robs him
of but a few shillings, he may be called upon to forfeit his life. But I have
been robbed of my liberty for years, ill-treated beyond precedent, torn from
my wife and family, bereaved of all my property to make good the conse-
quences of such irregularities ; deprived and bereaved of every thing that
makes life valuable, and then called upon to forfeit it, because Mr. Perceval
has been pleased to patronize iniquity that ought to have been punished, for
the sake of a vote or two in the house of commons, with, perhaps, a similar
good turn elsewhere.
Is there, gentlemen, any comparison between the enormity of these two
offenders'? No more than a mite to a mountain. Yet the one is carried to
the gallows, while the other stalks in security, fancying himself beyond the
reach of law or justice : the most honest man suffers, while the other goes
forward in triumph to new and more extended enormities.
We have had a recent and striking instance of some unfortunate men, who
have been called upon to pay their lives as the forfeit of their allegiance, in
endeavouring to mitigate the rigours of a prison. (Alluding to some recent
trials for high-treason at Horsemonger-lane.) But, gentlemen, where is the
proportion between the crimes for which they suffered, and what government
has been guilty of in withholding its protection from me? Even in a crown
case, after years of sufferings, I have been called upon to sacrifice all my pro-
perty, and the welfare of my family, to bolster up the iniquities of the crown,
and then am prosecuted for my life, because I have taken the only possible
alternative to bring the affair to a public investigation, for the purpose of
being enabled to return to the bosom of my family with some degree of com-
fort and honour. Every man within the sound of my voice must feel for my
situation ; but by you, gentlemen of the jury, it must be felt in a peculiar de-
gree, who are husbands and fathers, and who can fancy yourselves in my
488 • MARY STONE,
situation. I trust that this serious lesson will operate as a warning to all
future ministers, and lead them to do the thin^r that is right, as an unerring
rule of conduct; for, if the superior classes were more correct in their pro-
ceedings, the extensive ramifications of evil would, in a great measure, be
hemmed up; and a notable proof of the fact is, that this court would never
have been troubled with the case now before it, had their conduct been guided
by these principles.
I have now occupied the attention of the court for a period much longer
than I intended ; yet I trust they will consider the awfulness of my situation
to be a sufficient ground for a trespass, which, under other circumstances,
would be inexcusable. Sooner than suffer what 1 have sutfered for the last
eight years, however, I should consider five hundred deaths, if it were possi-
ble for human nature to endure them, a fate far more preferable. Lost so long
to all the endearments of my family, bereaved of all the blessings of life, and
deprived of its greatest sweet, liberty, as the weary traveller who has long
been pelted by the pitiless storm welcomes the much desired inn, I shall re-
ceive death as the relief of all my sorrows. I shall not occupy your attention
lono-er; but relying on the justice of God, and submitting myself to the dic-
tates of your conscience, I submit to the fiat of my fate, firmly anticipating an
acquittal from a charge so abhorrent to every feeling of my soul. —
Here the prisoner bowed, and his counsel immediately proceeded to call
witnesses, in order to prove a state of insanity.
The lord chief-justice, in summing up the evidence, pointed out those spe-
cies of insanity which would excuse murder, or any other crime ; but a per-
son capable of distinguishing right from wrong could not be excused.
The jury, after a quarter of an hour, brought in a verdict of Guilty.
The impressive and awful sentence of the law was heard by him without
any apparent emotion.
On Monday morning. May 18th, a few minutes before eight, this wretched
man appeared on the scaflbld, perfectly resigned to his fate, and, in about two
minutes, was launched into eternity.
MARY STONE,
FOR CHILD MURDER, PREFERRED BV A SISTER, AT THE SURREY ASSIZES, 1818.
Mary Stone, aged 29, was charged on the oath of her sister, Harriet
Hampton, of having wilfully murdered a female child, of which she (the
prisoner) was the mother, in the month of September, 1816, at Richmond.
The prosecutrix, Mrs. Harriet Hampton, a fine young woman, about nine-
teen or twenty years of age, was then put into the witness-box. On casting
her eyes towards where the prisoner sat, she burst into tears, and exclaimed,
with great apparent anguish, " O, my sister, my sister !" The prisoner faint-
ed during her sister's agitation, but was speedily recovered ; the latter, after
having been taken out into the open air, was soon sufficiently well enough to
give her evidence, which she did with less apparent embarrassment than
might have been expected. Her evidence was as follows :
In the month of September, 18 IG, I think on the 25th, I slept, as w^as my
custom, with my sister, Mary Stone. About two o'clock in the morning,
she said she wa"s in extreme pain, and shortly after she was delivered of a
female child ; it cried, and I wanted to go out aiid call in assistance, but she
would not let me. Very shortly after the child was born, it might be about
half-past two or three o'clock on the morning of the 25th of September, my
sister forced her hand into the infant's mouth, and choked it, and then thrust
FOR CHILD MURDER. 489
the body into a pan under the bed. She afterwards threw herself on the bed,
and got up in a moment as if to do something ; I then said I would cry out,
and call for somebody to come in : my sister replied, that if I attempted to
do so, she would kill me that instant, and then kill herself: I was therefore
so frightened that I desisted from attempting to give any alarm. My sister
left the body in the pan on that night, and on the following one made up a
fire in the room, and tried to burn it, but the flesh made such a crackling noise
that she was afraid it would be heard, and she took it oft' the fire, and re-
placed it in the pan. The next morning she took it down-stairs, and burnt it
in the copper to ashes; she then cleaned the copper out, and threw the ashes
on the dnnghill.
On her cross-examination by the common sergeant, who was counsel for
the prisoner, she said :
I first told this story about twelve nionths ago, or shortly after I got mar-
ried. I let it out one night in my sleep, and on being questioned the follow-
ing morning by my husband, I confessed the truth to him; my husband
is not here to-day. My sister kept the house we lived in at Richmond ! it
was a small house, having only three rooms, and being thinly partitioned,
so that what passed within might be heard by the neighbours. My sister
and I always slept in the same bed ; my sweetheart then, but husband now,
slept in the opposite room to ours ; a man of the name of Davis Kenyon, and
my brother, generally slept in the third room. I never said that my sister,
who was an unmarried woman, was pregnant before this matter took place.
I don't know that any person noticed it, for she generally slept in bed for a
time before she lay-in. When she killed the child, I was afraid to alarm
anybody, lest she would carry her threat into execution of making away with
us both. My sister has used me very ill since this transaction ; her ill usage
commenced about a fortnight after it happened ; she then threatened to turn
me out of doors, and wished every bit I put in my mouth might choke me.
She disliked my marriage, though I never had the least ill-will to her, or
expressed myself to that effect to any person. I never said to Mrs. Wilkes
that I would ruin the prisoner, or that T wished her dead to get the £500 out
of the bank. I never said that, as I was not of age, I could not get the money
yet, or hoped that she mig-ht die first. I believe we are entitled to £500,
which is in the bank ; Messrs. Smith and Walton are the trustees for my
brother, sister, and myself. My brother told my husband of our having this
property, but I never mentioned it to him, because I did not know exactly
how the money stood. My sister had a child before this last ; it is a grown
boy; has always lived with her, and she treats him well; she reduced her
last child's bones to ashes, and threw the ashes on the dunghill.
The following witnesses were called in her behalf.
Mrs. Elizabeth Wilkes said, that in September, 181(), she lived at Trent-
ham, where she knew the prosecutrix, but not the prisoner. Her husband
worked with her in shoemaking. Witness repeatedly heard the prosecu-
trix wish for her sister's death ; saying, on such occasions, that she wanted
her money. She remembered her saying on one particular occasion, " I wish
she was dead, for then I would have the money, and my husband and I could
get into business on our own account." About three weeks after the mar-
riage of Harriet Hampton, she complained to witness, that the prisoner de-
manded three shillings a week from her husband for the time his wife had
lived with her before she knew him ; and, she added, " I am afraid she will
get the amount from the trustee, Mr. Smith, who is her friend."
Mr. Walton, of Kingston, proved that he was a trustee under the will now
produced, by which £500 was bequeathed to the prisoner, her brother, and
sister, with the benefit of survivorship. The married sister was not yet
of age.
Mr. Justice Abbott, in his charge to the jury, observed, that if they be-
63
490 ARTHUR THISTLEWOOD AND OTHERS,
lieved the witness for the prosecution, thoy must convict the prisoner of the
foul and horrible crime of the murder of her own new-born child : if they
disbelieved her, they must decide that one of two sisters had falsely and in-
famously conspired against the life of the other, in the shocking expectation
of thereby coming a short time sooner to the possession of some small pro-
perty than she was likely to do in the usual course of things. In either al-
ternative the reflection was most revolting. Nothing was surely more
improbable than to believe that a woman, in a small house like the prisoner's,
with every little room at the moment occupied, and the thin partition so com-
municating with the adjoining houses, that what passed in one was audible
in the other; nothing, he repeated, could be more improbable than that a
woman should have, without making the smallest noise, or expressing the
slightest pain, so as to be audible outside her room, have borne the generally
severe and acute pains of childbirth. There was not, besides, the smallest
evidence to show that anybody had seen the prisoner in a state of pregnancy
before this occurrence was said to have taken place: and it wns most unlikely
that an unmarried woman could have evaded observation in such a state. If
the body were burned in the manner described, how had it happened that the
very offensive effluvia arising from such a process had never attracted the
notice of any person in this small house 1
The jury, without hesitation, returned a verdict of JVot Guilty.
ARTHUR THISTLEWOOD, JAMES INGS, AND OTHERS,
for high-treason. at the sessions house, old bailey, between the
17th and 28th ov april, 1820.
On Monday, the 27th of IVIarch, the commission was opened at the Ses-
sions House, Clerkenwell-green,by the lord chief-justice Abbott, and the lord
chief-justice of the common pleas; when a grand jury was sworn, who, on
the following day, returned true bills of indictment against Arthur Thistle-
wood, William Davidson, .Tames Ings, John Thomas Brnnt, Richard Tidd,
James William Wilson, John Harrison, Richard Bradburn, John Shaw
Strange, James Gilchrist, and Charles Cooper, for high-treason. On the
29th other bills were found for the murder and felony.
Monday, April the 17th, Arthur Thistlewood was put upon his trial.
The attorney-general stated the case for the crown. The prisoner at the
bar had for some time conceived the v/icked and nefarious plan of overturning
the government so long established in this country ; and it will appear to you
that several, nay, all of the persons mentioned in the indictment, were par-
ticipators in the same design ; some of them, probably, coming into that pur-
pose and design at a later period than others, but all of them concurring in
the last criminal event which led to their detection. The more heinous the
crime the more studious of secrecy will the criminals always be; and if you
establish the principle that guilt is not to be exposed, and punished by the
evidence of those who have participated in it, you will spread an immunity
over crimes, secure and inviolable in propirtion to the enormity of their
wickedness. But I assure you the case does not rest upon the testimony of
Adams, Hidon, and Dvvyer, the accomplices ; but there are facts which I
fear the prisoner will not be able to answer. Why, I would ask, were these
men assembled in Cato-street, and why at night? There were none of them
related to each other, yet they were all armed with deadly weapons, and found
in close deliberation in an obscure stable. There were also found there a
FOR HIGH-TREASON, 491
quantity of destructive trrenades and fire-balls, together with a large portion
of ammunition. But this is not all. At the houses of two others of the con-
spirators, namely. Brunt and Tidd, there were found similar articles of de-
struction, particularly ammunition. The weight found of the latter, gentlemen,
amounted to between eleven and twelve hundred pounds ; and I would ask, in the
name of God, what object could these men have had in the ))ossession of such
a quantity of ammunition 1 Surely it could not even be for individual murder !
No^ gentlemen, it was the destruction of his majesty's ministers in the first
place, the burning and levelling of public barracks and edifices in the next,
and finally, the establishment of a revolution, and the appointment of a pro-
visional government. What was the conduct of the prisoners when they
were discovered in Cato-street ] I want not, gentlemen, by a repetition ot
this term to inflame your minds; but it will be extremely important for you
to remember, that when the officers entered the loft there, and said we are
oificers, they submitted not to their authority, but resisted them, even in the
most ferocious manner, and one officer unfortunately lost his life. What be-
came of the prisoner on the 23d, the intended night of blood and slaughter'?
Why, he flies from the desperate scene, not to his own home, but to an ob-
scure place of concealment.
EVIDENCE FOR THE CROWN.
Robert Mams, examined by the solicitor-general. — I live in Hole-in-the-
wall Passage^ Brook's Market ; I am a shoemaker. I was in the royal regi-
ment of horse-guards. I left that service eighteen years since. I know the
prisoner Brunt. I knew him at Cambray, in France, in 1816 ; he went then
by the name of Thomas Morton. I know the prisoner Thistlewood — I first
knew him on the 13th of January last; — I saw him at his own lodgings in
Stanhope-street, Clare Market; I was introduced to him by Brunt and Ings ;
Thistlewood said to me, you were once in the life-guards'? I said no. I ori-
ginally belonged to the blues. He then said, you are a good swordsman '? I
said I could use a sword to defend myself, but I was not so good at it as hereto-
fore, not having used a sword or other arms for some time back. On this he
said — there was no person that was worth ten pounds that was worth any
thing for the good of his country. As for the shop-keepers of London, they
were a set of aristocrats together, and were all working under one system of
government; he should glory to see the day that all the shops were shut and
well plundered. His discourse then turned to Mr. Hunt — he said that Mr.
Hunt was a coward, and no friend to the people, and he had no doubt if he
(Thistlewood) was to get into Whitehall, he would find his name on the
books as a spy to government. He then turned to Mr. Cobbett, and said
that he and his writings were no good to the country, and he had no doubt
he was a spy as well as Hunt. I was afterwards confined in Whitecross-
street prison for debt, previous to which several interviews took place be-
tween us. The next interview was on the IGth, at the White Hart public-
house, in Brook's Market ; Ings, Brunt, Hall, and Tidd were present — we
met in a room in the back yard.
On the 17th I went to prison — 1 remained there fourteen days ; I came out
on Sunday, the day after the death of the king. After I came out, I saw
Thistlewood on the next evening in a back room on the same floor of a house
in which Brunt lived, in Fox's-court, Gray's-inn-lane ; Brunt, Ings, Hall, and
Davidson were present; nothing particular took place on that night. I met
them again on the Wednesday evening. Thistlewood, Brunt, Davidson,
Harrison, and Edwards were present. On this occasion I saw a number of
pike-staves, which Thistlewood wanted to have ferruled. Thistlewood ex-
pressed his surprise that Bradburn (one of the prisoners) had not done it.
The staves were quite green, as if they had been just cut from the cover.
Thistlewood then accused Bradburn of having spent the money. These meet-
ings were held twice a day, from the time I came out of prison to the 23 J of
492 ARTHUR THISTLEWOOD AND OTHERS,
February. Brunt had hired the room in which they met for Ings — there was
no furniture. 1 recollect at one of these meetings I went up to the room ;
Thistlewood and Harrison were sitting at the fire. Harrison said, he had met
a life-guardsman, who told him that the life-guards, and as many of the foot-
guards as could be spared, would be at the funeral of the king at Windsor.
He then added, that he thought this would be a favourable opportunity to
kick up a row, and see what could be done. Thistlewood said, yes; and re-
marked, that provided they could take the two pieces of cannon in Gray's-inn-
lane, and the six pieces in the Artillery-ground, they would have the means of
getting London in their possession before morning. And even if the guards
were to come hack, they would be so tired that they could not do any thing.
By perseverance, if they got the cannon, they might go to Hyde Park, and
prevent any orderly from having any communication with Windsor. He said,
it would be also necessary to go to the telegraph over the water, to prevent
any communication with Woolwich. By this time they should be able to
establish a provisional government, and would have an opportunity of sending
to the seaports to prevent any gentleman from leaving this country without a
passport from this provisional government. He mentioned Dover, Deal, and
Margate, and especially Brighton ; not that he thought the new king would
be there, or even at the funeral of his father, he was so ill. He added, that
the present family had inherited the crown long enough : it was no use,
therefore, for the new king to think of wearing the crown any longer. Brunt
and Ings came in after this discourse. Thistlewood communicated to them
what had been said, but both of them declared that nothing short of the assas-
sination of ministers would satisfy them. Brunt told me that two or three
of them had drawn out a plan to assassinate ministers at the first cabinet
dinner they had. The parties never scarcely met but that was the subject of
their conversation.
On the 19th of February I went again to the room in Fox-court; Thistle-
wood, Davidson, Harrison, Ings, Brunt, and Hall were there. When I went
in, they all got up and said — " Well, it is agreed ; we have come to the de-
termination, if nothing takes place between this and next Wednesday liight,
we will go to work." It was said they were all so poor they could not
wait any longer. Thistlewood said to Brunt, you had better go round this
afternoon, and see what men you can bring forward to attend the committee.
Brunt said, he had some work to finish, but that he would get up in the morn-
ing and get a few, as it was not necessary to bring a great many. Thistle-
wood said, it would be prudent in those who came in the morning to bring
arms with them, in case any officers should come up. Brunt said with an oath,
if any officer came up, he would run him through. On the next morning I
went at eleven o'clock — it was so dark, from a heavy fall of snow, that I did
not at first see who was there ; but after some time I saw Thistlewood, David-
son, Tidd, Cook, Hall, Bradburn, Edwards, Harrison, and Wilson : Tidd took
the chair with a pike in his hand. Thistlewood said, gentlemen, I presume
you all know what you are met for; and turning to the door, he said, the west-
end job. Thistlewood then said, we are all of us tired of waiting for this
job ; if we do not find them altogether between this and Wednesday night, we
are come to a determination to take them separately at their own houses.
I suppose, continued he, we can take as much as forty or fifty men to do
the west-end job — and I propose at the same time, that the two pieces of
cannon in Gray's-inn-lane, and the six pieces of cannon in the Artillery-
ground, shall be taken. He then called upon Cook to command at the tak-
ing of the six pieces of cannon at the Artillery-ground. After these were
taken, he proposed that the INIansion-house should be taken, as a seat for the
provisional government; then they w"ere to make a descent on the bank of
England — and he proposed that Palin should be the man to set fire to the
diff"erent buildings in the several parts of London. Brunt proposed, that as
many of the ministers as they could assassinate, should be assassinated on
FOR HIGH-TREASON. 493
Wednesday, at all events, and that the men who were willing to undertake
the job should be divided in lots. A man was to be drawn for the sole pur-
pose of assassinating the party they went to ; and whoever that fell upon,
that man should be bound to do it, or be murdered himself; should he fail in *J^
doing of it, he swore by all that was good that man should be run through upon "
the spot. Upon this, I said to Mr. Brunt, " Do you mean to say that a man
may not fail in undertaking such a thing — and do you mean to say, that a man
in so failing shall be run through upon the spot himself?" He said "No,
unless there was the least sign of fear." Mr. Brunt's motion was then put
from the chair, and agreed to: some others came in, and were apprized of
the resolution. Palin got up and said, " You talk of taking from forty to fifty
men to the west-end job ; I should like to know, then, where you are to find
the men to take the cannon ; but you may know more on the subject than I
do. I want to know also," said he, " in calling upon the men I intend to go
to, if I can tell them in fact what is to be done]" The chairman replied,
" that no doubt Mr. Palin knew the men he had to depend upon." They
were then going to separate, when Mr. Thistlewood said, " Brunt, take Mr.
Palin to the place hard by, and see whether he could set fire to Furnival's-
inn." Palin and Brunt soon returned, saying, " it was very easy done,
and would make a good fire." Thistlewood said, " he thought it was highly
necessary to give the men a treat." Brunt said with an oath, although poor,
he had a pound note, which he would apply to that purpose. The White
Hart was proposed and objected to, in consequence of something which had
been said of that place; but it was finally agreed they should be brought to *
Brunt's room, who was to send his son and apprentice out of the way. Thistle-
wood's room was mentioned, but he objected, as an officer lived nearly oppo-
site to him.
On Monday I went again to the room about 10, A. M. Thistlewood, Brunt,
Harrison, Hall, Ings, and others were present. I said, I had something to
communicate, and told them that Hobbs, the landlord of the While Hart, had
told me that two officers had called from Bow-street and Hatton-garden, and
asked whether a radical meeting did not take place there? The officers said,
they had information there was, and that there was similar information given
at lord Sidmouth's office. Harrison on this said to me, like a bull-dog,
Adams, you have done wrong. Brunt also said, like a lion, I had done
wrong, for if I had any thing to communicate, I ought to have communicated
it to them alone. I said what, concerned all ought to be communicated to all.
Potter and I went to the White Hart, where Palin and Bradburn came to us.
I went again the next morning ; Brunt, Ings, Hall, Davidson, Harrison, Wil-
son, Palin, Potter, and Bradburn were there. Edwards came in, and told
Thistlewood there was to be a cabinet dinner next night. Thistlewood
doubted it, and a newspaper was sent for; it contained an account that there
was to be a cabinet dinner at lord Harrowby's in Grovesnor-square, on Wed-
nesday evening. On this Brunt said, "I'll be d d if I don't believe now
that there is a God ; I have often prayed that these thieves might be collected
together in order to give us a good opportunity to destroy them, and now God
has answered my prayer." I was put in the chair, and Thistlewood proposed
to form a fresh plan. I called to their recollection what Hobbs had said to
me the day before. On this Harrison swore that the first man that said a
word to throw cold water on the concern, he would run that man through with
his sword. (They were all in the greatest confusion.) I was put out of the
chair, and Tidd was put in. Thistlewood wanted to proceed in the business
when Palin said, he wanted to be satisfied as to what had fallen from me on
the previous morning. On this, in the end. Brunt moved that a watch should
be set on the earl of Harrowby's that night, to see if any men or soldiers
went into the house, in order to waylay anybody that might go there. That
was approved of; two were to go on at six and remain till nine, and to be
regularly relieved every two hours. Thistlewood then came forward and
494 ARTHUR THISTLEWOOD AND OTHERS,
said, he hoped every one would be satisfied if no officers or soldiers went into
the house ; and that they would do what they thought of the next eveniiig. He
then said, " that as there had not been a dinner so long, there would no doubt
be fourteen or sixteen there, and it would be a rare haul to murder them al-
too-ether." He afterwards proposed that one should go with a note to present
to the earl of Harrowby, and when the door was open, the other men to rush in
and seize the servants, and threaten them with death if they stirred. This
being done, men were to take the command of diiVerent parts of the house, to
prevent the escape of the servants, and if they attempted to stir, to throw a
lighted hand-grenade among them. Two men were also to be placed at the
area for the same purpose. At the same time the men who were to do the
assassination, were to rush into the room in which the cabinet ministers were,
and to murder them all, good and bad : if there were any good ones, they were
to be murdered for keeping bad company. Ings offered to enter the room
first, with a brace of pistols, a cutlass, and knife in his pocket, and with a
determination to cut off every head there, and to bring away lord Castle-
rea^h's and lord Sidmouth's heads in a bag, which he was to have for the
purpose. He said he would say on entering the room, " Well, my lords, I
have got as good men here as the Manchester yeomanry ! enter, citizens, and
do your duty."
Upon this word of command from Ings, two swordsmen, followed by others
with pikes and pistols, were to come in and to fall to work murdering as fast
as they could. Harrison was one swordsman, and I was the other. Har-
rison had been in the lifeguards. Seeing my life was in danger, I agreed to
it. After the execution had been done, Harrison and Wilson were to go the
King-street cavalry barracks, and to take a fire-ball to fling into the straw
shed. The rest of the party were to proceed to Gray's-inn-lane, to the city
light-horse barracks, to meet the men who were to take the cannon, to assist
them. They were to proceed from thence to the Artillery-ground, to assist
Mr. Cook iu taking the six cannon. The cannon were to be loaded, to be
fired on any person who might be disposed to resist. If Cook was able to
take the cannon himself, he was to proceed to the iMansion-house, and to plant
three of them on each side of that building. He was then to demand posses-
sion of the Mansion-house, and if it was refused, he was to fire at it. The
Mansion-house was to be the seat of the provisional government. An attack
was to be made on the bank. The funds were to be removed, but the books
were not to be destroyed, as they would enable them to see further into the
villany practised on the country for years past. Harrison proposed that
there should be a countersign, one man was to say " huf and the other '• /o??,"
which was "button." In the afternoon I went to the house again, and found
Edwards making a fuse for the grenades. Ings was making the illumination
balls, with rope-yarn and tar ; Hall was assisting. I called again the same
evening, and saw two strange men, one of whom was Harris. Brunt and
Thistlewood were there.
Davidson went on watch at lord Harrowby's, at six o'clock. I and Brunt
afterwards went. When we got in the square I saw Davidson and another
man, whom I did not know. Before we went into the square. Brunt and 1
had some bread and cheese at a public house. Brunt played dominoes with
a young man. We went off the watch at twelve o'clock. On the next day
I went again between two and three; Brunt was in his own room, and while
I was there Strange came in. A few minutes after two strangers came in.
I turned my head, and saw some pistols in a drawer. Strange and the men
that came in tried the flints. Brunt then invited them into the back room.
On going there I saw several swords, a blunderbuss, several pistols, and
other arms ; the strangers began putting flints into the pistols. They had
not been long there before Thistlewood, lags, and Hall came in ; Thistle-
wood looked round, and said, "My lads, this looks like something; this
looks as if something- is gfointr to be done." Brunt sent out for some beer
FOR HIGH-TREASON. 495
and spirits. When the . spirits came, Thistlewood wanted some paper to
write some bills, and gave a shilling- to buy it; some cartridge paper was
brought, and a chair and table for Thistlewood to write on. Three bills were
written by him and read. The first was : —
" Your. tyrants are destroyed. The friends of liberty are called upon to come
forward. The provisional government is now sitting.
"JAMES INGS, Secretary.
" February 23, 1820."
There were three of these written ; they were to be stuck on the houses
which were on fire. When Thistlewood wrote the last of these bills, he was
very much agitated ; his hand shook greatly. He then proposed that Hall
should take the pen, but Hall objected. A stranger afterwards took the pen
and sat down to write. Thistlewood dictated to him. The paper was not
completed, because they could not agree upon the terms. Thistlewood said
he had given orders to have the bills prepared a fortnight before, but they
had not been done.
Wliile these bills were writing, Ings was preparing himself in the manner
in which he was to eater the house of earl Harrovvby. He put on a black
belt round his waist and another over his shoulders ; he also put on two bags
like haversacks, and then pistols in his belts; he afterwards looked at him-
self, and said, " D — n my e3'es, I am not complete now ; I've forgot my
steel." He then took out a large knife, and brandished it about, as if he
were cutting off heads; he then swore that he would bring away two heads
in his bags, and one of lord Castlereagh's hands, which he would cure (salt),
as it might be thought a good deal of hereafter. He repeatedly made use
of these expressions. The knife was twelve inches long, with a rough
handle, round which there was some wax-end to prevent it from slipping in
the hand. The other men were equally busy in equipping themselves.
Palin came in about half-past five. Thistlewood and Brunt having left the
room for a short time, Palin addressed those who were present, and said,
" Gentlemen, are you all aware of what you are going to do ■? you ought to
think whether the assassination of ministers will be countenanced by your
country. And you ought to come to a resolution that the man who flinches
ought to be run through on the spot." He was going on, when a tall man
said, " You speak as if we all knew what you are about. I should like to
know what it is." This man was a stranger. He said to Palin, " If we
turn out to serve our country, I am not the man that will be afraid of myself."
Brunt came back, and was told that some of those present wished to know
what they were going about] Brunt replied, that they should go along with
him to the room in Edgware-road, and they should hear all. Brunt then
said, all that came with him should have something to drink. The tall
stranger said he hoped he was not going to encourage drunkenness. It was
agreed to go in parties of two. There was a cupboard in Brunt's room,
which was used to hold swords, hand-grenades, and flannel bags for the
cartridges for the cannons. But the depot was at Tidd's, next room to
myself.
When we set off I had a blunderbuss under my great coat, and Brunt had
a broom-stick, prepared to receive a bayonet ; this he also gave me to carry.
At the depot were some pikes, made out of old files or bayonets. Brunt
went back, but I afterwards met him, and he took me along the Edgware-
road till we met Thistlewood. We then went to a stable in Cato-street. As
I was going under the archway, I saw Thistlewood and Brunt go into the
stable. Harrison came up, and said, " Go in." When I entered I saw
Davidson and Wilson, apparently doing something with a pike. I werit up
the ladder, and in the loft found Thistlewood, Brunt, Hall, Bradburn, Strange,
Cooper, the tall man I have already alluded to, and several others. In the
490 ARTHUR THISTLEWOOD AND OTHERS,
end there were eighteen in the room and two down-stairs. There was a
bench in the loft, on which there were arms of different descriptions. There
was one candle : there was also a chest in the room ; when I first went in,
they were all handling- the arms; Tidd did not come for twenty minutes
after ; Tliistlewood went out for some time, but on his coming back I heard
Tidd talking. I went down, and found Thistlewood, Brunt, Davidson, Har-
rison, and Wilson in the stable. When they perceived me, they said in a
fluster, what good news they had got, for all the carriages were assembling
in the square ; when I went up again, I saw Thistlewood and Brunt together
much agitated ; they were talking something about Tidd, vhen Thistlewood
uttered an exclamation, that " he would hang himself if he thought any
more about it." Brunt said he would lay his life that Tidd would come, and
he did come in a few minutes. Thistlewood then said, I hope you will not
give up what you have determined on ; it will be another Despard job if you
do. He then counted the men, and said there were quite sufficient. Four-
teen men could go into the rooiu. Thistlewood said that they were quite
enough, even if lord Harrowby had sixteen servants. Immediately after I
heard a noise below, and somebody said, " Holloa, hold a light." Thistle-
wood took the candle to see who it was, and turning round, he looked quite
confused. At this time the officers entered the room. Two stood in front.
One of the officers had a small pistol in his hand, and said, " Here's a pretty
nest of you." The officer also said, " We have got a warrant to apprehend
you all, and hope you'll go peaceably." At this instant, one of the officers
behind said, " IMake way, and let me come forward." The two officers above
made way, and the man came forward, and at that moment a group that had
got into a little room of the loft, advanced forward, when I saw an arm come
forward, and another arm follow it with a ])istol. I saw the officer fall, and
heard a pistol discharged, upon which the candle was put out; I went down
the ladder, and got away ; I went home, and was apprehended on the Friday
following ; I have been in custody ever since. The witness now identified
Thistlewood, Davidson, Wilson, Brunt, Ings, Cooper, Harrison, and Tidd.
He did not know Strange, Bradburn, or Gilchrist by name, though he knew
them by sight.
I told all I knew on the Saturday after I was apprehended ; not upon an
understanding that I was to become an evidence. The reason for my telling
all I knew was, that my conscience told me I had been doing wrong ; and I
vowed to God, if he spared me, I would reveal the whole. I had some of
those feelings before I was in custody. I had it before I entered the loft ;
but when I heard the man was murdered I was worse. I went down-stairs
with the intention to surrender myself to the officers, but not seeing any I
W'ent away. The most men I ever saw together, were fifteen. The largest
sum of money I ever saw amongst them was six shillings. I do not know
what force could be brought into the field. The cannon were to be loaded
with powder, and the tops of some of the iron railings were to be knocked
off for balls. I have not seen Edwards since the 22d of February. He
seemed in close connexion with Thistlewood and Brunt. My own arm was
not within sufficient reach to stab Smithers.
Thomas Hidon. — I was a cow-keeper, and formerly a member of a shoe-
maker's club, where I knew the prisoner Wilson. I saw him at the club a
few days before the 23d of February ; he asked me if I would come forward,
and be one of a party to destroy his majesty's ministers (these were his
words) at a cabinet dinner. Every thing was, he said, prepared for the oc-
casion, and the dinner was at hand. If I would join them, he said, Mr.
Thistlewood would be glad to speak to me. He also stated, that hand-gre-
nades were prepared for throwing under the dinner-table, and that the minis-
ters who escaped the explosion w^ere to die by the sword, or some other
weapon. They were also to fire some houses, and create a general confusion
to distract the public attention for three days, by which time all would be
FOR HIGH-TREASON. - 497
arranged. The fires were to be at stations fixed upon, and among them were
to bel^he houses of the duke of Wellington, lord Harrowby,lord Castlereagh,
lord Sidmouth, the bishop of London, and some others, which I now forget;
this was four or five days before the Cato-street occurrence. I went to lord
Harrowby's house before the 23d of February, to inform his lordship of what
was going on. He was out, and I followed him to the Park, where the ser-
vant said he had gone ; I met him there, and gave him, while he was riding,
a note containing the whole plot. I met Wilson about five o'clock in the
evening of the 23d of February ; he said I was the man of all others he
wanted to see ; he told me that the business was to be done that night at a
cabinet dinner, and begged of me to meet him as soon as I could on that
evening, at the Horse and Groom, John-street ; he told me that we were to
have the aid of another party in the borough, and that all the Irish in Gee's-
court, Oxford-street, were in the plan; but they would not stir until the Eng-
lish did first, as they had so often been deceived before. Wilson said, a
gentleman's servant had been supporting some of the party, and would give
them more money if they went actively through the business. He explain-
ed to me, that after we did the grand piece of work in Grosvenor-square, we
were to retreat into the city as quick as we could, and rally at the ?.Iansion-
house. I promised to join him as soon as I possibly could. I went accord-
ingly at seven o'clock, and saw Wilson and Davidson ; the latter complained
I was after my time.
The Earl of Harrowbij. — I reside in Grosvenor-square. I am president of
the council, and a member of the cabinet. On Wednesday, the 2.'5d of Feb-
ruary, I was to have had at my house a cabinet dinner, and cards of invita-
tion had been issued to the following personages : the lord chancellor, the
earls of Liverpool, Westmoreland, and Mulgrave, earl Bathurst, the duke
of Wellington, lord ]Melville, lord Castlereagh, the chancellor of the exche-
quer, Mr. Canning, Mr. Wellesley Pole, Mr. Robinson, and Mr. Bragge Ba-
thurst. At a cabinet dinner, none but the members of the cabinet were in-
vited. On the Tuesday before the intended dinner, I was riding in the Park
about two o'clock, preparatory to my attending a council. I had no servant
with me. A person addressed me near Grosvenor-gate, and said he had a
letter addressed to lord Castlereagh. The letter now in court is that letter.
The man, who was the last witness, at my desire, gave me his address. He
met me, by appointment, on Wednesday morning, in the ring in Hyde-park.
The cabinet dinner did not take place as intended on the ^Yednesday, but the
preparations for it were carried on in my house just as if it was to take place ;
nor did I countermand them until eight o'clock on that evening, when I wrote
a note to my head servant, from lord Liverpool's.
John Monument. — This witness was brought into court by two yeomen of
the guard from the Tower. I am a shoemaker, and lived near Brook's market.
I know Thistlewood ; he called on me with Brunt, and said that great events
were at hand; he had often been promised the support of many who de-
ceived him, but that now he had got men who would stand by him. He
observed, all had got arms ; some had swords, others pikes or pistols, and
that I might get a pistol for five shillings. I answered that I had no money.
Well, then, said he, I shall see about it. Brunt came to me on the 22d of
February, accompanied by Tidd ; he told me, that events had often rendered
a change of plan necessary, but that now^ all was fixed. He desired me to
go on the next night to Tyburn turnpike; I was to speak to some people
there ; I was to say BUT, and if they were friends, they w ere to say TON.
Brunt called again on the afternoon of the 23d, between four and five, and
asked if I was then ready to go. 1 promised to do so at six o'clock. At
half-past six o'clock I went to Tidd's house. I saw him there; he took a
large pistol out of a trunk, and fastened it in a belt round his waist under
his great-coat. He also took out about ten pikes, a foot long each, and some
staves to fix them on. We then went together up to John-street; on the
2x2 G3
V*'
498 ARTHUR THISTLEWOOD AND OTHERS,
way I pressed to know where we were going, whether it was to the house
of commons ; he replied, no, there were too many soldiers about that place.
At last he told me we were going- to a cabinet dinner in Grosvenor-square.
We went to Cato-street, and I ascended the steps from the stable to the loft,
which was a small one. There were twenty-four or twenty-five men in the
room. One man, in a brown great-coat, who was sitting down, and who had
a belt with pistols in it round him, talked of the impropriety of attacking
the cabinet ministers at lord Harrowby's with fourteen men. Thistlewood
insisted that number would be an overmatch for sixteen of lord Harrowby's
servants. One man said, after we are done, there will be a crowd about the
door — how shall we get away ] Thistlewood said there would be another
body ready to assist us. Davidson rebuked the man who talked of the four-
teen men, and said, if he was afraid, he had better go about his business.
Brunt also said, that sooner than now throw up the business, he would do it
himself, and blow up the house with the combustibles they had, and perish
with the rest. The man who was then objecting, then said, that as all were
ready, he would join also, and go under Mr. Thistlewood's orders. Thistle-
wood said they would all share equally with him in the honour of the ex-
ploit; and then proposed that fourteen should volunteer to go into the dinner-
room, that those who were ready to do so should file off at the side of the
loft ; a number did so. Thistlewood then went out for a minute, and when he
returned, said, that lord Sidmouth and the duke of Wellington were already
arrived at lord Harrowby's. Nothing else occurred until, the officers and
soldiers came up, and took us into custody.
Thomas Bwyer. — I live in Gee's-court. Before the 23d of February, I
became acquainted with Davidson. He introduced me to Mr. Thistlewood.
We went together to a public house, near Cato-street, the 0th, 10th, or 11th
of February. Thistlewood said that he was in five or six different revolu-
tions, and that Ireland was in a disturbed state. I am an Irishman ; and he
said that he had a good many of my countrymen. I saw Davidson on the
22d. The next morning I went to Fox-court, Gray's-inn-lane ; Davidson
told me he was going on sentry; I went with Harrison to Fox-court; he had
a bundle wrapped up in paper; we went to a two-pair back room; the door
was locked when we got there, but Harrison got the key ; when we got in,
I saw a cupboard, from which I afterwards saw a ball taken, wrapped up in
rope-yarn ; Harrison said it was a grenade : Thistlewood, Davidson, and a
few more came in subsequently; Davidson had a blunderbuss, a pair of pis-
tols, and a bayonet in his side-pocket: I saw Brunt there; Thistlewood said
that some of the grenades were to be thrown into the horse barracks, and
some more of them into lord Harrowby's, to set fire to the house and blow it
up. Thistlew'ood asked me how many of my countrymen I could muster, at
half-past eight that evening'? I said about twenty-six or twenty-seven; he
told me to assemble with them at the Horse and Groom, and that I was to be
at the Pomfret-castle at six o'clock, at the end of Wigmore-street, a house
frequented by Irishmen ; we were then to go to the Foundling hospital, put a
pistol to the porter's breast, and then to turn round to the right-hand, where I
would see five or six-and-twenty stand of arms, which I was to seize ; an-
other party was to seize two pieces of cannon at the city Riding school,
Gray's-inn-lane : more, he said, would make a breach in Finsbury ; he said
that there was to be a cabinet dinner at lord Harrowby's that day, and that
they were to make an attack there. After this I saw a bundle taken out of
the cupboard ; it contained gunpowder, which was measured into some flan-
nel bags; I got into my own place about twelve o'clock; I that day told a
major James of what 1 had heard and seen. In consequence of what he said
to me, I went to the secretary of state's, about one, or half-past one.
George Thomas Joseph Ruthven. — I am a constable at the public office,
Bow-street. I went to Cato-street on the afternoon of the 2.'3d of February.
My party amounted to at lea^t twelve. I went into the stable, and I saw a
4^*
FOR HIGH-TREASON. 499
man with a blunderbuss or a gun on his shoulder, and a sword, or some side-
arm. j\Iy party followed me into the stable. I found a ladder, up which I
went; it led to a loft in which I observed several men. I heard the clatter-
ing of arms, and saw swords and pistols. Three or four had come up with
me. Ellis and Smithers were up. There were about four or five-and-twenty
persons in the room. The size of the room was fifteen feet five one way,
and fifteen feet ten the other. There were two rooms adjoining the loft, com-
municating by doors. When I gained the loft, I said, "We are officers,
leave your arms I" I saw in the room the prisoner, Thistlewood. I had
been acquainted with his person between four and five years. He was stand-
ing on the right-hand side of the table, near to the little room, as we entered.
Immediately on my exclamation, he seized a sword from the table, and stood
back into the little room. The sword was drawn when he seized it. It was
a very long sword, rather bright. He stood fencing with the sword to pre-
vent anybody coming to him. Smithers approached him, upon which he
thrust his arm forward, and pierced Smithers, who fell. Smithers said, as
he fell, " Oh, my God ! I am done !" The lights were put out, when some-
body said, from the corner of the room where Thistlewood was, " Kill the
; throw them down." There were eight lights ; they were all put
out, and we were all in the dark. I heard a rush to the ladder, and a cry of,
"Ay, kill them." I joined in their cry, and rushed down with them. On
getting down, I did not observe any thing till I got into .Tohn-street, where I
found the soldiers. I then returned. There were twenty or thirty shots
fired ; some in the room, and some from the window. On my return, I ob-
served a man going to the door. I called out, and he lifted his arm to fire.
That was Tidd. I caught hold of his right arm, and we closed and fell.
The soldiers came up instantly, and the pistols went off. He was secured,
and I searched him. Round his waist I found a leathern belt of a buff colour,
in his pocket two ball cartridges. I searched him in the public house. While
there, Bradburn was brought in. I searched him, and found round his waist
a string wrapped four or five times round to answer for a belt. I also found
six ball-cartridges, and three balls in his pocket. Davidson and Wilson were
afterwards brought in. When Davidson was brought in, he swore against
any man that would not die in liberty's cause, for he would ; he also sung
part of the song of " Scot's wha ha'e wi' Wallace bled." I returned to the
loft, and found some soldiers there. Shaw, Strange, Cooper, Monument, and
Gilchrist v.ere also there. On looking about, I saw arms in the possession
of different people. I searched myself and found two swords, and a bao-,
containing ten hand-grenades. There were also two papers wrapped up con-
taining nothing but tow and tar. There was likewise a very large grenade,
as big as my hat. These grenades had fuses. The arms and grenades were
subsequently taken to Bow-street.
Captain Fiizdarmce. — I recollect, on the 23d of February, going with a
picket to John-street. I had been desired to attend by Mr. Birnie ; it was
between eight and a quarter after eight when I arrived ; I heard a pistol-shot,
and led on the picket to Cato-street; there is an arch over the entrance; 1
met a police officer, who called out, " Soldiers, soldiers — the door-way ;" I
went to the stable ; I met two men in the door-way, one on the right, the
other on my left; one of them cut at me with a sword, the other attempted
to fire at me with a pistol ; the man who cut at me, seeing the body of troops
behind me, ran into the stable. There was a scuffle between the other man
and sergeant Legg. I pursued the first man into the stable, who exclaimed,
" Don't kill me, and I'll tell you all." I gave him to the picket. I then ran
into one of the stalls, and secured a second man. I afterwards caused a file
of grenadiers to follow me into the loft, where we secured three, four, or five
other men — I believe four. Smithers was lying dead, and several sorts of
arms were lying about.
500 ARTHUR TII16TLEW00D AND OTHERS,
THE DEFEXCE.
Mr. Curwood now rose to address the jury on the part of the prisoner.
This was the question which they had to try. First, had the prisoners at
the har conspired or imagined the death of the king 1 — then, had they con-
spired to depose his majesty from his imjierial style and dignity 1 — thirdly,
had they conspired to levy war against the king? He apprehended that they
must be satisfied that one or the other of these charges was proved before
they could find a verdict of guilty. The great mass of evidence which had
been adduced certainly led them to conclude that a conspiracy of some kind
had existed ; but it did not follow that the substantive treason charged in
the indictment had therefore been committed. Would it be contended, that
this removal of an administration was necessarily connected with the depo-
sition of the monarch, and that every man who attempted to effect such a
purpose would be involved in the crime of high-treason 1 More violent men
might think it necessary that an administration should be removed by vio-
lence. He desired not to be misunderstood, as meaning under that plea to
justify assassination. All he meant to argue was, that they must not take it
as a necessary consequence that the death or destruction of a whole adminis-
tration involved the death and deposition of the king. In conclusion, the
learned gentleman said, he would proceed to call a witness to prove that
Adams, who had been called for the crown, together with an accomplice of
the name of Edwards, who had not been called, were the persons who had
conveyed the arms and ammunition to the house of Tidd on the very morn-
ing they had been found there by the Bow-street officers.
Mca-y Purher. — I am the daughter of Richard Tidd ; I remember the
police officers coming and finding some things in our lodgings; those things
had been in the house when they came, about a quarter of an hour; I know
a person of the name of Edwards ; I have also seen him at my father's often ;
he has brought similar things before; Edwards took part away; Adams
brought a large grenade ; I do not know where Edwards was.
Edward Hiickkstone. — I know a man of the name of Dwyer. I do not
think he is to be believed on his oath.
Mr. James IJoune. — I am called the court reporter. (Looked at the an-
nouncement in the New Times.) The paragraph respecting the cabinet din-
ner, froin the wording, I think I did not send. I do not think I would use
the word " grand."
jlndrno Mitchel. — I am printer of " The New Times ;" I produce the original
of the paragraph.
3Ir. Doane recalled. — That is not my manuscript.
John JVhltukcr — I searched in eleven newspapers, in none of which papers
was there such an announcement as that in "The New Times."
The lord chief-justice stated to the jury, in a strong and perspicuous man-
ner, the law of high-treason, as it existed both in the statute of Edward HI.
and in the more recent statute of the 3Gth of the late king. He then recapi-
tulated the four charges contained in the indictment against the prisoner, and
the several overt acts alleged to have been committed in furtherance of their
design. He then read over the material points of the evidence.
At three quarters of an hour after four o'clock, the jury retired to consider
of their verdict. They returned, however, in ten minutes, for the purpose of
requesting the lord chief-justice to read to them the precise terms of the sta-
tute of 3Gth of George HI. His lordship having complied with their wish, and
made some explanatory observations, they again retired. At a quarter past five
they returned once more, with their final determination, and announced their
verdict to be — Guilty of the third and fourth cuuiit>; of the indictment : — that
was to say, on those counts which charged the prisoner with conspiring to
levy war, and with the actual levying of war against the king.
FOR HIGH-TREASON. 501
Wednesday, April Id.
TRIAL OF INGS. .. "
The solicitor-general stated the case for the prosecution.
Robert Adams, the accomplice, was first called for the crown. His testi-
mony was, for the most part, similar to that already given. He added, that
there was a conversation about the illness of the present king; Thistlewood
said he would rather the new king lived a little while longer, but it was not
their intention he should ever wear the crown. Ings upon this said, that the
very day the prince-regent last went to parliament, he himself went to the
Park for the purpose of shooting him ; and as a test of his sincerity, he said,
" There's the pistol I took with me." He regretted he had not done it, and
if he had, he should not have cared a farthing for his own life.
The other witnesses deposed as on Thistlewood's trial, with the exception
of Dwyer, who was not called.
Mr. Adolphus rose, and addressed the jury. He earnestly requested the
jury not to give credence to the evidence of the witness, Adams. If upon
such infamous testimony men were to be sacrificed, he contended that they
might soon see another judge Jeffreys on the bench, and another Titus Gates
in the witness-box !
Ings, turning towards the jury, addressed them at some length. He said
he had lived at Portsea, but not being able to keep his wife and family, had
come to London. He set up as a butcher in Baker-street, but failed. He
was then in great distress, when he met Edwards, who urged him to join the
conspiracy, and was the cause of his being brought to his present situation.
He concluded by saying, " I have a wife and four little children. I was dri-
ven to every distress. I hope, gentlemen, before you find a verdict, this man
will be brought forward, because I consider myself a murdered man. Ed-
wards came to me. I did not go to him. I was once at a public-house in
Brooks-court; but I never was at any meeting at all. I was at no radical
meeting. I was not at any Smithfield meeting. That man, Adams, who has
got out of the halter himself by accusing others falsely, would hang his God.
I would sooner die, if I had five hundred lives, than be the means of hanging
other men."
The attorney-general replied for the crown. Chief-justice Dallas sum-
med up. Verdict — Guilty.
Monday, .Upril 24.
TRIAL OF BRUNT.
At nine o'clock the chief baron Mr. Baron Garrow, and Mr. Justice Rich-
ardson, took their seats.
The attorney-general stated the case.
The evidence was substantially the same as in the two former cases.
The proceedings were in the evening adjourned till the next day, when Mr.
Curwood rose to address the jury on the part of the prisoner, and was followed
by Mr. Adolphus.
Brunt then rose, and with a firm voice, stated the origin of his acquaint-
ance with the witness Adams, and attempted to impeach the whole of the
witnesses who had appeared against him. He alluded to a person (Ed-
wards) in the list of witnesses on the part of the crown, whose name had
often been mentioned in the course of these proceedings, but who had not been
called upon. He declared that he had been seduced by this man, and had
often received refreshment of meat and drink at his expense. Whatever
mi^ht be his fate, he would not die unworthy a descendant of the ancient
Britons.
The jury retired, and in about ten minutes returned with a verdict of Guilty
on the third and fourth counts.
502 ARTHUR THISTLEWOOD AND OTHERS,
Wednesday, Jlpril 26.
TIDD AND DAVIDSON.
The witnesses for the crown were examined in nearly the same order as on
the trial of Thistiewood ; and nothing new was elicited by their evidence.
William Davidson, on being asked if he wished to say any thing in his
defence, said, that he had a numerous family looking to him for support. He
then, laying his hand upon his heart, declared his entire innocence of the
crime imputed to him : he stated, that because he was a man of colour, it did
not follow that he was a monster in creation, void of feeling and understand-
ing. He quoted from Pope's Universal Prayer, and also referred to the pas-
sage concerning false witnesses, which he delivered from the Bible. He had
known lord Harrowby for many years, and should have shuddered at the
idea of joining in any plot in which his life was concerned.
Richard Tidd now entered into a detail respecting his having been brought
into his awlul situation by the machinations of Edwards. Edwards conducted
him to Cato-street, and in about a quarter of an hour the officers entered. He
finished by a declaration of his total ignorance of the plot, and therefore of
his consequent innocence.
The attorney-general replied, and Mr. Baron Garrow summed up the evi-
dence. The jury retired at eight o'clock for more than half an hour; and on
their return pronounced against both prisoners, Guilty upon the third count,
levying war against the king.
Wilson, Harrison, Bradburn, Strange, Cooper, and Gilchrist severally de-
sired to withdraw their former plea, and on its being withdrawn, pleaded
guilty.
Mr. Shelton then asked Thistiewood what he had to say why sentence of
death should not be passed upon him; and he thus addressed the court: —
"My lords, — I am asked, my lord, what I have to say that judgment of
death should not be passed upon me according to law. This to me is mock-
ery; for were the reasons I could offer incontrovertible, and were they en-
forced even by the eloquence of a Cicero, still would the vengeance of my
lords Castlereagh and iSidmouth be satiated only in the purple stream which
circulates through a heart more enthusiastically vibrating to every impulse
of patriotism and honour, than that of any of those privileged traitors to their
country, who lord it over the lives and property of the sovereign people with
barefaced impunity. The reasons which 1 have, however, I will now state;
not that I entertain the slightest hope from your sense of justice, or from your
pity. The former is swallowed up in your ambition, or rather by the servility
you descend to, to obtain the object of that ambition ; the latter I despise.
Justice I demand. If I am denied it, your pity is no equivalent. In the
first place,
"I protest against the proceedings upon my trial, which I conceive to be
grossly partial, and contrary to the very spirit of justice; but, alas! the
judges who have heretofore been considered the counsel of the accused, are
now, without exception, in all cases between the crown and the people, the
most implacable enemies of the latter. In every instance, the judge charges
the jury to find the subject guilty: nay, in one instance, the jury received a
reprimand, and that not in the genteelest terms, for not strictly obeying the
imperious mandate from the bench.
"The court decided upon my trial to commit murder rather than depart in
the slightest degree from its usual forms. Nay, it is with me a question if
the form is usual which precluded me from examining witnesses to prove the
infamy of Adams, of Hiden, and of Dwyer. Ere the solicitor-general replied
to the address of my counsel, I apjilied to the court tp hear my witnesses.
The court inhumanly refused. And I am in consequence to be consigned to
the scaffold. Numerous have been the instances in which this rule of court
^^
FOR HIGH-TREASON. 503
has been infringed ; but to have infringed it in my case, would have been to
incur the displeasure of the court, and to forfeit every aspiring hope of pro-
motion, A few hours hence, and I siiall be no more; but the nightly breeze
which will whistle over the silent grave that shall protect me from its keen-
ness, will bear to your restless pillow the memory of one who lived but for
his country, and died when liberty and justice had been driven from its con-
fines by a set of villains, whose thirst for blood is only to be equalled by their
activity in plunder. For life, as it respects rnysolf, I care not; but while yet
I may, I would rescue my memory from the calumny which I doubt not will
be industriously heaped upon it, when it will be no longer in my power to
protect it.
" I would explain the motives which induced me to conspire against the
ministers of his majesty, and I would contrast them with those which these
very ministers have acted upon in leading me to my ruin,
" Many people who are acquainted with the barefaced manner in which I
was plundered by my lord Sidmouth, will, perhaps, imagine that personal
motives instigated me to the deed ; but I disclaim them. My every principle
was for the prosperity of my country. My every feeling, the height of my
ambition, was the welfare of my starving countrymen. I keenly felt for their
miseries ; but when their miseries were laughed at, and when, because they
dared to express those miseries, they were inhumanly trampled upon, my
feelings became too intense, too excessive for endurance, and I resolved on
vengeance ; I resolved that the lives of the instigators should be the requiem
to the souls of the murdered innocents.
" In this mood I met with George Edwards. This Edwards, poor and pen-
nyless, lived near Picket-street, in the Strand, some time ago, without a bed
to lie upon, or a chair to sit in. Straw was his resting place; his only cover-
ing a blanket. Owing to his bad character, and his swindling conduct, he
was driven from thence by his landlord. It is not my intention to trace him
through his immorality; suffice it to say, that he was in every sense of the
word a villain of the deepest atrocity. His landlord refused to give him a
character. Some short time after this, he called upon his landlord again ; but
mark the change in his appearance; dressed like a lord, in all the folly of the
reigning fashion. He now described himself as the right heir to a German
baron, who had been some time dead; that lords Castlereagh and Sidmouth
had acknowledged his claims to the title and property, had interfered in his
behalf with the German government, and supplied him with money to support
his rank in society. From this period I date his career as a government spy.
" He got himself an introduction to the Spenceans ; by what means I am
not aware of; and thus he became acquainted with the reformers in general.
When I met with Edwards after the massacre at Manchester, he described
himself as very poor; and after several interviews, he proposed a plan for
blowing up the house of commons.
" I had witnesses in court who could prove they went to Cato-street, by
appointment with Edwards, with no other knowledge or motive than that of
passing an evening amongst his friends. I could also have proved that sub-
sequent to the fatal transaction, when we met in Holborn, he endeavoured to
induce two or three of my companions to set fire to houses and buildings in
various parts of the metropolis. I could prove that subsequent to that again,
he endeavoured to induce men to throw hand-grenades into the carriages of
ministers as they passed through the streets; and yet this man, the contriver,
the instigator, the entrapper, is screened from justice and from exposure, by
those very men who seek vengeance against the victims of his and their
villany.
" High-treason was committed against the people at Manchester; but jus-
tice was closed against the mutilated, the maimed, and the friends of those
who were upon that occasion indiscriminately massacred. The prince, by the
advice of his ministers, thanked the murderers, still reeking in the gore of
504 ARTHUR THISTLEWOOD AND OTHERS,
their victims. If one spark of honour, if one spark of independence, still
glimmered in tiie breasts of Englishmen, they would have risen as one man;
insurrection then became a public duty, and the blood of the victims should
have been the watchword for vengeance on their murderers." —
Chiif-jusiice. — We cannot permit this.
Thixtkimod. — " My lords, a few words more. Albion is still in the chains
of slavery; I quit it without regret; I shall soon be consigned to the grave;
my body will be immured beneath the soil whereon I first drew breath. My
only sorrow is, that the soil should be a theatre for slaves, for cowards, and
for despots. My motives, 1 doubt not, will hereafter be justly appreciated.
I will, therefore, now conclude by stating, that I shall consider myself as
murdered, if I am to be executed on the verdict obtained against me by the
refusal of the court to hear my evidence. 1 could have proved Dwyer to have
been a villain of the blackest dye, for, since my trial, an accomplice of his,
named Arnold, has been capitally convicted at this very bar for obtaining
money under circumstances of an infamous nature. I seek not pity ; I de-
mand but justice; I have not had a fair trial, and upon that ground I protest
that judgment ought not to be passed against me."
Mr. Shelton next addressed himself to Davidson, and put to him the same
question. Davidson spoke an address of some length, of which the following
is the purport : —
" INIy lords, — I stand here helpless and friendless. I endeavoured to show
that the evidence against me was contradictory and incredible, and I hoped J
had made an impression on the gentlemen in the box ; but the moment I had
done, the attorney-general got up, and told them that the evidence was pure
and uncontaminated, and to this I may add, that Mr. Baron Garrow almost
insisted that they should pronounce me guilty. But even supposing, for the
sake of argument, that the lives of his majesty's ministers were threatened, it
did not follow that this was to extend to the king himself. In a passage of
Magna Charta, it was ordained that twenty-five barons should be nominated
to see that the terms of the charter were not infringed; and if it was found
that his majesty's ministers were guilty of such infringement, then four ba-
rons were to call upon them for redress. If this were not granted, then the
four barons were to return to their brethren, by whom the people were to be
called together to take up arms and assert their rights. Such an act was not
considered in old times as an act of treason towards the king. I was entrap-
ped by Goldworthy and Edwards, in order, for some private purposes of their
own, that they might have my life sworn away. I have no objection to ten-
der my life in the service of my country; but let me at least, for the sake of
my children, save my character from the disgrace of dying a traitor. For my
children only do I feel, and when I think of them I am deprived of utterance ;
I can say no more."
James Ings was next asked what he had to say why he should not receive
judgment to die 1 He replied :
" I have very little to say, my abilities will not allow me to speak. If
Mr. Edwards had not got acquainted with me, I should not be here ; he came
to me, unfortunately, when I had no business, nor no means of getting a living
for my family. It is only through Edwards that 1 shall lose my lite. I do
not mind dying, if you will let that man come forward, and die with me on
the scaffold. It was through him that I was going to do that which I must
allow was of a most disgraceful and inhuman nature. On the other hand,
his majesty's ministers conspire together and impose laws to starve me and
my family and fellow countrymen ; and if I was going to assassinate these
ministers, I do not see that it is so bad as starvation, in my opinion, my lord.
The Manchester yeomanry rode in among, and cut down men, women, and
children. They had their swords ground, and I had a sword ground also. I
shall suffer, no doubt ; but I hope my children will live to see justice done to
their bleeding country."
FOR HIGH-TREASON. 505
John Thomas Brunt was next called upon, and spoke :
" My lords and gentlemen, — lam precluded from saying much. What-
ever impression I made on the jury yesterday was knocked down by the
solicitor-general, who appears to me, by his sophistical eloquence, to be
capable of making the worst of crimes appear a virtue. Of all the infamous
characters on earth, Edwards is the worst; and yet he has been kept alto-
gether out of the view of the court. He it was that furnished the arms, and
he it was that goaded us on to our own ruin." He next adverted to the con-
duct of lords Castlereagh and Sidmouth ; " they," he said, " had been the
cause of the death of millions, and although he admitted he had conspired to
put such men out of the world, still he did not think that amounted to high-
treason. In undertaking to kill lord Castlereagh, lord Sidmouth, and their
fellow ministers, he did not expect to save his life — he was determined to
die a martyr in his country's cause, and to avenge the innocent blood shed
at Manchester." In conclusion, he said, "he was willing to suffer for the
acts which he had contemplated ; but it grieved him to think that he was to
suffer for a crime of which he was innocent, viz. high-treason."
The prisoner spoke with great vehemence.
Richard Tidd was the next called upon. He spoke as follows :
" All I can say is, and I positively swear it, that the evidence that has
come before you, with the exception of Captain Fitzclarence, is utterly
faLse."
James Wilson, John Harrison, and John Shaw Strange said a few words
each.
James Gilchrist. — " On the Wednesday evening at four o'clock, I knew no-
thing about this business. I was going to look for work, and had neither money
nor bread. So I went to what I was told to be a supper of radicals. [Here
the prisoner was overcome by his feelings.] At six o'clock I met C.
Cooper, who was the only man I knew, and I borrowed a halfpenny of him,
which, with another, enabled me to get a pennyworth of bread, and this I eat
very sweet. I wish I may never come out of this place if Ltell false.
We then went into the stable and up-stairs, where there were some bread
and cheese. I took an old sword and hewed down the loaf, of which others,
who were as hungry as me, partook. I then asked what all these arms were
about, and when I heard, I was so shocked, that I determined to get away
as fast as I could. I served my king and country for twelve years, and this
is the recompense. Oh, God ! I have nothing more to say."
Charles Cooper protested his innocence.
Lord chief-justice Abbot pronounced sentence in the usual form.
The prisoners were then removed from the bar. They did not seem much
affected, but departed with great firmness and resignation.
On Saturday the 29th, a privy council was held to receive the report of the
proceedings under the special commission, at which his majesty and all the
cabinet ministers were present; the judges who tried the prisoners also at-
tended. The common sergeant having read over his notes, the council,
after two hours deliberation, resolved that the execution of Arthur Thistle-
wood, John T. Brunt, James Ings, William Davidson, and Richard Tidd
should take place on Monday the 1st of May, and that the six remaining
prisoners should be respited during his majesty's pleasure.
During nearly the whole of the night preceding their execution, the
wretched men slept soundly, and were only awakened by the unbarring of
their cell doors to admit the ordinary, whose zeal to convert them from their
avowed tenets of deism prompted him to visit the jail in the dead of the
right.
On the arrival of the sheriffs and their attendants in the press-yard, the
culprits were brought out, and from the disposition evinced by four of them,
it was deemed prudent their arms should be pinioned in the usual way, be-
fore their irons were struck off.
2 U G3
506 ARTHUR THISTLEWOOD AND OTHERS.
Thistlewood came first, with his eyes fixed, as it were, abstracted in
thought, and apparently lost to his situation.
Tidd walked next, and seemed somewhat affected by his situation. He
tried, however, to assume an indifference to his fate, and was frequently
rallied by Ings for his depression.
Ings came next, laughing without reserve.
Brunt next advanced, and with a sullen and morose air, surveyed the
ofiicers who were conducting him to his fate.
Davidson came last, with clasped hands and uplifted eyes, praying most
devoutly ; and the officers of the jail closed the procession.
On their arrival at the lodge, leading to the scaffold, a moment's pause
took place, while the dreadful apparatus of death was adjusted without.
Thistlewood, who stood first, clasped his lips, and with a frown surveyed,
from the door-way in which he stood, the awful preparation for his fate.
Tidd was next summoned to the scaffold.
Ings seized Tidd's hand at the moment he was going out, and exclaimed,
with a burst of laughter, " Give us your hand ! good bye !"
A tear stood in Tidd's eye, and his lips involuntarily muttered, " My wife
and !"
Ings proceeded — " Come, my old cock-of-wax, keep up your spirits, it all
will be over soon."
Tidd immediately squeezed his hand, and rushed towards the stairs lead-
ing to the scaffold. He was received with three cheers from the crowd, in
which he made a faint effort to join.
A humane individual who stood by remonstrated with Brunt again, and
beseeched him to ask pardon of God. Brunt, with a fierce and savage air,
surveyed his adviser contemptuously, and exclaimed, — " What have I done 1
I have done nothing ! what should I ask pardon for ]" — "Well done. Brunt,"
exclaimed Ings, and was proceeding to sing,
" O ! give me death or liberty !"
when he was summoned to the scaffold. He turned to Brunt, and with a
smile upon his countenance, shook hands with him, and prepared to go.
W'hile he stood on the edge of the steps, at the door of the jail, he said
to Davis, one of the turnkeys, " W'ell, Mr. Davis, I am going to find out this
great secret ;" and then springing on the scaffold, exclaimed, " Good bye, gen-
tlemen ! here goes the remains of an unfortunate man."
Brunt now stood by himself, and muttered about the injustice of his fate ;
but he appeared to wish to ascend the scaffold next.
Davidson, however, was summoned before him.
Brunt now appeared considerably irritated, " I suppose," said he, " they
are afraid I should say something to the people, because I spoke my mind on
the trial."
The composure of Davidson, particularly on Sunday, on taking leave of
his wife, was of the most extraordinary description. He declared that this
day would be the happiest of his life.
The conduct of Ings, too, violent and hardened as it had been, was inter-
rupted once by something like a feeling of nature. On entering the lodge,
before he ascended the scaffold, some person told him to be firm; when he
ejaculated, " Firm ! I am firm ; but we have children, sir."
The last act of Brunt was to take a pinch of snuff from a paper which he
held in his hand. He stooped to put it to his nose, and this he was only
able to effect by pushing up the night-cap which hung over his face. He
also threw off his shoes.
Ings, when the handkerchief was tied over his eyes, cried out, " I hope,
Mr. Cotton, you will give me a good character." Mr. Cotton bowed. Ings
then commenced swinging about in his hand an old night-cap, in the most
careless manner.
THOMAS, EARL OF STRAFFORD. 507
Tidd's lips were in motion just before he was turned off, as if in prayer.
Davidson was in the most fervent prayer.
Exactly half an hour after they had been turned off, the order was given
to cut the bodies down, and the ceremony of decapitation provoked a lively
expression of horror and disgust from the assembled multitude.
The streets in the neighbourhood of the dismal spectacle were lined with
a strong cavalry force; and a very considerable addition of military of all
arras, was made to the usual garrison of the metropolis during the trials, and
up to the end of the execution.
THOMAS, EARL OF STRAFFORD, .
FOR HIGH-TREASON, MARCH 12, 1643.
In the parliament which began the 3d of November, 1640, Mr. Pym, one
of the chief of the country or patriotic party in the house of commons, moved
on the 11th, that the doors might immediately be locked, as he had matters
of importance to communicate to the house ; which being agreed to, he made
a severe speech against the earl of Strafford, declaring he was the greatest
enemy to liberty, and the greatest promoter of tyranny and arbitrary power,
that any age had produced ; and being seconded by some gentlemen of the
same party, it was resolved to impeach the earl of high-treason.
On the 25th of November, Mr. Pym carried up nine articles against the
earl; and on the 30th of January, 1640, they sent up twenty-eight special
articles against him, in which the former were comprehended : —
1. They charge. That the earl being president of the north, did on the 21st
of March, 8 Car. produce a commission, with instructions, directed to him-
self and others, empowering them to determine all misdemeanors and offences
in the north ; and particularly, they were appointed to proceed according to
the course of the star-chamber against divers offences ; and to proceed accord-
ing to the course of the court of chancery concerning lands, and grant injunc-
tions to the common law courts : and that he exercised those powers over the
persons and estates of several, depriving them of their estates and possessions,
and fined and imprisoned them, to their utter ruin ; and particularly sir Con-
yers Darcy and sir John Bouchier : That he procured directions, that no
prohibition should be granted ; and that none should be discharged on a ha-
beas corpus, till they had performed their decrees; and that on the I3th of
the king, he caused the commission to be renewed, with additional instruc-
tions.
2. That, soon after his procuring the first commission, he declared at the
assizes at York, that since some of the justices of peace were all for law, they
should find the king's little finger heavier than the loins of the law, in order
to terrify the said justices, that they should not execute the laws.
3. That, in a speech to the nobility of Ireland, and the corporation of
Dublin, the earl declared Ireland was a conquered kingdom ; that the king
might do what he pleased with them ; their charters were worth nothing, and
bound the king no farther than he pleased.
4. That Richard earl of Cork, having commenced a suit for the recovery of
his possessions, of which he was dispossessed by an order of council, the
earl threatened to imprison him, if he did not drop his suit; and said he
would have neither the law nor lawyers dispute his orders ; adding, that he
would make the earl of Cork and all Ireland know, that as long as he had
the government, an act of state should be as binding to that kingdom as an
act of parliament.
508 THOMAS, EARL OF STRAFFORD,
5. And that he did accordingly exercise his power on the goods, inheritances,
liberties, and lives of the subjects there, to the subversion of the laws of that
kingdom ; particularly, that he did, in time of full peace, cause the lord
Mountnorris to be condemned to death by a council of war; and caused sen-
tence of death to be pronounced against another person (whose name was un-
known) at Dublin, and he was executed in pursuance of it.
G. That, on a paper petition, he caused the said lord Mountnorris to be
disseised of his manor of Tymore.
7. That he caused the case of tenures on defective titles to be drawn up,
procuring the resolutions of the judges thereupon ; by colour of which he
caused the lord Thomas Dillon and divers others, to be dispossessed of their
freeholds, to the ruin of many hundred families.
8. That, on the petition of sir John Gifford, he made an order against
Adam Viscount Loftus, lord chancellor of Ireland, and, under pretence of
disobedience to the said order, caused him to be imprisoned, and to surrender
the great seal : That he imprisoned the earl of Kildare, in order to make him
submit his title to the manor of Castle-Leigh to his pleasure, and kept him
in prison a year, refusing to enlarge him, though directed to do it by his ma-
jesty's letters : That he caused an order of council to be entered against dame
Mary Hibbots, although a major part of the council was for the lady ; and
forced her to relinquish her estate, which was soon after conveyed to sir Ro-
bert Meredith, to the use of the earl of Strafford ; and that he imprisoned
several others, on pretence of disobedience to his orders, for pretended debts,
titles to lands, &c. in an arbitrary extra-judicial course, upon paper petitions.
9. That he granted a commission to several bishops, their respective chan-
cellors and officers, to commit the meaner sort of people to prison, who should
not obey their decrees.
10. That he farmed the customs of Ireland, and, to advance his gain,
caused the native commodities to be over-rated ; and the customs, which for-
merly were but a twentieth part of the value of the goods, were now a fourth,
a fifth, and some of them a third part of the value.
11. That he extorted great sums from the subject, for licences to export
divers sorts of goods.
12. That he issued a proclamation against the importation of tobacco, and
then caused great quantities to be imported for his own use ; and would not
permit the merchants to vend their tobacco, unless they would let him have
it at his own price : That he issued another proclamation, commanding all
tobacco to be seized that was not sealed by his agents ; and those on whom
unsealed tobacco was found, were fined, whipped, imprisoned, or pilloried ;
by which means he gained a hundred thousand pounds ; and though he
raised the customs on other articles, he lessened them in this, from six-pence
to three-pence a pound, for his own profit ; and that, by the like undue means,
he constituted divers other monopolies.
13. That he commanded the Irish, by proclamation, to work their flax and
yarn into thread, in a manner they were unskilled in, and seized the flax that
was otherwise wrought ; whereby he gained the sole sale of that native com-
modity.
14. That he imposed an unlawful oath on the owners and masters of ships,
by proclamation requiring them to give an account of their lading, their
owners, from whence they came, and whither bound.
15. That contriving to bring the realm of Ireland under his tyranny, he
imposed great sums on the town of Baltimore, and divers other places, which
he levied by troops of soldiers : That particularly he empowered Robert
Saville, sergeant-at-arms, and several captains, to quarter soldiers on such of
the inhabitants as would not act conformable to his orders : That he dis-
possessed Richard Butler, and above a hundred families, of their estates by
a military force, imprisoning the proprietors, till he compelled them to re-
linquish their respective interests, levying war against his majesty, and his
liege people of that kingdom.
FOR HIGH-TREASON. 509
16. That, to continue his oppression on the subjects of Ireland, he pre-
vailed on his majesty not to suffer any complaints to be received in England ;
and issued a proclamation, prohibiting- ail who had any estates or offices in
Ireland to depart the kingdom without license ; and imprisoned several that
came over to England to complain against him.
17. That he affirmed his majesty was so well pleased with his army in
Ireland, and the consequences it produced, that he would make it a pattern
for all his three kingdoms.
18. That in order to make the papists of England and Ireland to depend
on him, he restored several religious houses to their pretended owners ; par-
ticularly two in Dublin, which had been assigned to the university there,
which were now employed in the exercise of the popish religion. That he
raised an army, of which seven thousand were papists; and that, to engage
this new army to hiin, he paid them duly, and permitted them to exercise
their religion ; whereas the old army were kept without their pay for a whole
year : And, that being a commissioner for compounding forfeitures for re-
cusancy, in the northern counties of England, he compounded with the recu-
sants there at very low rates, and discharged them from all process, in order
to engage them to him.
19. That he imposed an oath on the subjects of Ireland, requiring them to
swear, that they would not protest against any of his majesty's commands,
but submit obediently to them, fining, imprisoning, and banishing the refusers ;
and particularly, that he fined Henry Stewart and his wife £5000 apiece,
and imprisoned them for non-payment : That he declared the said oath did not
only oblige them in point of allegiance, but to the ceremonies and govern-
ment of the church established, or to be established by his majesty ; and gave
out tiiat those who refused to take it, he would prosecute to blood.
20. That he endeavoured to create in his majesty an ill opinion of the
Scots, and excited him to an offensive war against them, since the pacifica-
tion : that he was the chief incendiary, declaring that the Scots' demands in
parliament were a sufficient cause to make war upon them ; that they were
rebels and traitors ; and if his majesty pleased, he would root them out of
Ireland, except they took the oath in the preceding article ; and that he caused
several Scottish ships to be seized, to engage the kingdoms in war.
21. That, having incited his majesty to carry on an offensive war against
Scotland, he advised him to call a parliament, but that if they did not concur
in the earl's mischievous projects, they should be dissolved, and money raised
on the subjects by force ; declaring in council, that he would serve his majesty
any other way, in case the parliament did not supply him.
2-2. That he procured the parliament of Ireland to declare they would assist
the king against the Scots ; and conspire with sir George Ratcliffe to employ
the army of Irish papists he had raised, to the subversion of the government of
England ; declaring that, if the parliament would not supply his majesty, he
was at liberty to use his prerogative for what he needed ; and that he would
be acquitted both by God and man for so doing.
23. That, the last parliament taking the grievances of the kindgom into
consideration, the earl and archbishop Laud advised his majesty, by several
speeches and messages, to urge the commons to grant a supply for the war
against Scotland, before they entered on their grievances : and that a demand
being made by his majesty of twelve subsidies, in lieu of ship-money ; while
the commons were debating on the supply, the said earl and the archbishop
moved his majesty to dissolve that parliament; and the earl then incensed his
majesty against the members, telling him, " they had refused to supply him,
and that his majesty having tried the affections of his people, and been re-
fused, he was absolved from all rules of government, and that he had an army
in Ireland, which he might employ to reduce this kingdom."
24. That he falsely declared to others of the privy-council, that the parlia-
ment having forsaken the king, and denied him a supply, they had given him
510 ■ THOMAS, EARL OF STEAFFORD,
an advantage to supply himself by such other ways as he saw fit; and that
he was net to suffer himself to be mastered by the frowardness of his people.
And that the earl, the archbishop, and the lord-keeper Finch published a scan-
dalous book in his majesty's name, entitled, " The causes that moved his
majesty to dissolve the last parliament," full of bitter invectives against the
commons,
25. That he advised the levying of ship-money, and procured the sheriffs
to be prosecuted for not levying it, and several to be imprisoned for not pay-
ing it ; and advised, that the lord-mayor of London, the aldermen, &c. should
be summoned before the council, to give an account of their proceedings in
levying ship-money, and concerning the loan of a hundred thousand pounds
demanded of them by the king; and on their refusing to certify who were fit
to lend, the earl said, they deserved to be fined ; there was no good to be
done with them till they were laid by the heels, and some of the aldermen
hanged up.
26. That he caused £130,000 belonging to his majesty's subjects and fo-
reigners, to be seized in the mint ; and when it was represented what a pre-
judice this would be to the kingdom, said, that the city had dealt undutifully,
and were readier to help the rebels than his majesty ; and that it was the
practice of other princes to use such money to serve their occasions ; that the
French king used to send commissaries of horse to take account of men's
estates, and levy money on them by force; and directing his discourse to the
lord Cottington, said, this was a course worthy to be considered by his
lordship.
27. That, being lieutenant-general in the north, he imposed a tax of eight-
pence a day for every soldier of the militia in that county, and levied it by
force, declaring that those who refused it were guilty of little less than high-
treason.
28. That, receiving advice of the Scottish army's bending its march
towards England, he did not provide for the defence of Newcastle ; but suf-
fered it to fall into their hands, to incense the English against the Scots ;
and in order to engage the two nations in a bloody war, he ordered the lord
Conway to fight the Scots at the passage of the Tine ; though he had repre-
sented he had not force sufficient to encounter them ; whereby he betrayed
his majesty's army to apparent danger and loss ; all of which the earl had
done, with an intent to create a division between his majesty and his people,
and to destroy him and his kingdoms ; and for which they impeached him
of high-treason. —
The place appointed for the trial, was the great hall in Westminster, where
there was a throne erected for the king, on each side thereof a cabinet en-
closed about with boards, and before with a terrace. Before that, were the
seats of the lords of the upper house, and sacks of wool for the judges ; be-
fore them ten stages of seats, extending further than the midst of the hall, for
the gentlemen of the house of commons ; at the end of all was a desk closed
about, and set apart for the lord-lieutenant and his counsel.
Monday morning, about seven of the clock, he came from the Tower, ac-
companied by six barges, wherein were one hundred soldiers of the Tower,
all with partisans for his guard, and fifty pair of oars. At his landing at
Westminster, he was attended by two hundred of the trained bands, and went
in guarded by them into the hall. The entries at Whitehall, King-street,
and Westminster, were guarded by the constable and watchmen, from four
of the clock in the morning, to keep away all low and idle persons.
The king, queen, and prince came to the house about nine of the clock,
hut kept themselves private within their closets, only the prince came out
once or twice to the cloth of the state ; so that the king saw and heard all
that passed, but was seen by none. Some gave the reason of this from the
received practice of England in such cases: others say, that the lords did
entreat the king either to be absent, or to be there privately, lest it might be
FOR HIGH-TREASON. 511
pretended hereafter, that his being there was for no other purpose than to in-
terrupt the course of justice : others assert, that the king was not willing to
be accessary to the process till it came to his part, but rather chose to be
present, that he might note and understand what violence, rigour, or injustice
happened.
When the lieutenant entered the hall, the porter of the hall (whose office it
is) asked Mr. Maxwell, whether the axe should be carried before him or
no? who answered, that the king had expressly forbidden it; nor was it the
custom of England to use that ceremony, but only when the party accused
was to be put upon his jury. Those of the upper house did sit with their
heads covered, those of the lower house uncovered. The bishops upon the
Saturday before voluntarily declined the giving of their suffrages in matters
criminal, and of that nature, according to the provisions of the canon law, and
practice of the kingdom to this day, and therefore would not be present ; yet
withal they gave in a protestation, that their absence should not prejudice
them in that or any other of their privileges, as lords spiritual in parliament,
which was accepted.
The earl of Arundel, as lord-high-steward of England, sat apart by himself,
and at the lieutenant's entry commanded the house to proceed. Mr. Pym,
being speaker of the committee for his accusation, gave in the same articles
which were presented at his last hearing before the upper house, which being
read, his supplies were subjoined and read also ; the very same which were
presented before in the upper house. Some give the reason of this, because
the lower house had not heard those accusations in public before ; others, that
the formality of the process required no less : however, that day was spent in
that exercise.
The queen went from the house about eleven of the clock ; the king and
prince staid till the meeting was dissolved, which was after two. The lieu-
tenant was sent to the Tower by his guard, and appointed to return upon
Tuesday, at nine of the clock in the morning. The crowd of people was
neither great nor troublesome; all of them saluted him, and he them with
great humility and courtesy, both at his entrance and at his return ; how
ridiculous then was the following rumour about the malice and discontent
of the multitude : " That if he pass the stroke of justice, they will tear him
in pieces :" yet we see there is more in rumour than in sight and appearance,
and in this report, as in all others of this nature, more is thrust upon the
vulgar (who seem as fearful of punishment as exposed to it, in spite of their
great number) than they justly deserve.
On Tuesday, in the morning, he came accompanied as before to Westmin-
ster; and having staid in the exchequer-chamber till nine of the clock, the
king, queen, and prince caine, as before upon the first day.
Then Mr. Pym, being called for, aggravated the charge, which was given
the day before, by a very ample speech. The main points were, that it was
treason far beyond the reach of words, that he, the lieutenant, a native sub-
ject, and a peer of England, the prime governor of Ireland, the commander
of his majesty's forces, and a Protestant in religion, should have in such an
impious and gross manner recompensed his majesty's favours, abused his
goodness, and drawn all his dominions into hazard and peril of their religion,
lives, goods, and privileges; that one of these faults alone had been enough,
and too much, for the fulfilling of the exorbitancy and wickedness of any one
man; and that no punishment could be thought of sufficient to expiate crimes
of such a transcendent nature.
The lieutenant spoke in his own defence, and that with such eloquence,
that his enemies were affected.
He recounted his services done to the king and crown of England, his
endeavours for the advancement, as well of the honour as interest of both
kingdoms in general, but in particular that of Ireland ; how he had advanced
the king's revenues there, restored the church's maintenance, suppressed the
512 THOMAS, EARL OF STRAFFORD,
outlaws, establislied obedience to royal authority, and overawed the tyranny
and usurpation of greater ones over the commons. And for tlie effecting
of all these actions, he mentioned himself the most weak and meanest in-
strument.
Mr. Pym, after the close of his speech, told him that there were three new
articles adjoined (by and after search) to his charge ; and desired that he
might presently reply to the same.
Whereunto the lieutenant answered, it was very strange that after the close
of the process, and when matters were come to be scanned, and examined by
proof, that any new charge should be given in; yet lest he should seem to
decline the maintainance of his own innocency, and the just defence of his
honour, he was most willing to hear them and have them alleged, provided
that a convenient time might be assigned him to make his replies against
them, as he had done to the others given in before.
But Mr. Pym excepted against this, and told him that the house did con-
ceive it to be dangerous to grant any farther prorogation.
Upon this, the lords of the upper house (who did not think it fit as yet to
voice any particular in the audience of the house of commons) retired, and
after some stay, they returned and declared, that they had found the lieuten-
ant's suit to be equitable, in desiring further time for answering; yet, seeing
that the articles themselves, neither for number or weight, seemed to be of
sufficient importance to prevent his giving a present answer, they thought it
fitting to grant no delay.
The names of his accusers were, Pym, Glyn, Maynard, Whitlock, lord Dig-
by, St. John, Palmers, sir Walter, Earles, Stroud, Selden, Hampden, &c. One
of these began, and the rest, after their colleague had done, followed in their
turn ; so that he had all of them to contend against, though his spirits were
much exhausted.
On Thursday he was charged with the second expression; "That he said
Ireland was a conquered kingdom, and that the king might prescribe theni
v/hat law he pleased."
On Friday the two other expressions were followed : that he said, " He
would not suffer his ordinances to be disputed by lawyers, before inferior
judicatories, and that he would make an act of state equivalent to an act of
parliament."
Lord Cork declared upon his oath, that the lieutenant had caused to be in-
terlined an ordinance against himself, and had caused some words to be
scraped out; which words \^ere, notwithstanding, still found to be in the sen-
tence, by an authentic copy under the hand of sir Paul Davidson, clerk to the
council board of Ireland ; that he had advanced a groom of his to be a preach-
er; who, by a testimony from the university of Dublin, he verified to have
been a master of arts ten or twelve years before his advancement.
On Tuesday they passed by the seventh article, and the two first parts of
the eighth, about the lady Hibbot's land ; that he had violently thrust her
from her possession by this summary way of justice, and afterwards purchased
the land to his own house, by borrowing the name of sir Robert Meredith.
The testimony of the gentlewoman's son M'as adduced, of lord Cork, and
lord Mountnorris.
After the ninth article was passed, against the commission issued in tavour
of the bishop of Downe and Connor; upon Wednesday Mr. Glyn proceeded
to the tenth article. For proof, they produced the lease of the duke of
Buckingham, which v/as read and compared with that lease to the dutchess
of Buckingham, and some differences shown, arising to the sum of two
thousand pounds in the duke's lease; only the moiety of concealed and for-
feited goods were due to him, but the whole goods to the dutchess in her
lease.
Witnesses were examined.
First, sir James Hay, who deposed, that the carl of Carlisle had an ad-
tjfc
FOR HIGH-TREASON. 513
vantage of one thousand six hundred pounds per annum by his lease of
wines.
Secondly, the lord Ranela^h, who deposed, that by the inspection of the
books of accounts, he had found the custom to be anno 1636 thirty-six thou-
sand pounds, anno 1637 thirty -nine thousand pounds, anno 1638 fifty-four
thousand pounds, anno 1639 fifty-nine thousand pounds.
The same day Mr. Palmer charored, that the lord Strafford, having by a
tyrannical power inverted the ordinary course of justice, and given imme-
diate sentence upon the lands and goods of the king's subjects, under pre-
tence of disobedience, had used a military way for redressing of the con-
tempt, and laid soldiers upon the lands and goods of the king's subjects, to
their utter ruin.
The lord -lieutenant's reply was, that in all the course of his life, he had
intended nothing more than the preservation of the lives, goods, and welfare
of the king's subjects ; and that he dared profess, that under no other deputy
had there been a more free and uninterrupted course of justice.
To this the lord Dillon, sir Adam Loftus, and sir Arthur Terringham de-
posed ; the last of whom told, that in Falkland's time, he knew twenty sol-
diers quartered upon a man for refusing to pay sixteen shillings sterling.
The same day Mr. Whitlock rested on the 19th article, about the oath ad-
ministered to the Scots in Ireland, and for proof of this, sir James Mount-
gomery was produced ; who declared at large how that oath was contrived.
Sir Robert Maxwell of Orchiardon, who spake to the same purpose. Sir
John Clotworthy, who" declared that a great number had fled the kingdom for
fear of that oath. And Mr. Samuel, who deposed, that upon the 10th of
October, 1638, he heard the deputy say these words, "That if he returned,
he would root them out stock and branch."
The proofs for the Scots charges were these :
Jjord Traquair, who was very favourable to the lord-lieutenant, and spake
nothing to his disadvantage but what was extorted from him, he admitted,
that when he gave in the demands, he heard Strafford say, " that it was
high time for the king to put himself into a posture of war;" but that first
all the council of England said the same as well as he. Secondly, that
it was a double supposition: 1. That the demands were truly given in : 2.
That there was no other remedy left but arms, to reduce them.
The earl of Morton's testimony (being sick himself) was produced, audit
was one and the same with the article.
Sir Henry Vane was examined, who declared, that he had heard the lieu-
tenant to advise the king to an offensive war, when his own judgment was
for a defensive.
The testimony of the earl of Northumberland was produced, which was
the very same with sir Henry Vane's.
The treasurer of England deposed the same with Traquair.
One Beane, from Ireland, said, that he had known ships seized there ; but
by whose procurement or warrant he knew not.
To the articles about England :
Sir Robert King and the lord Ranelagh deposed, that sir Robert King and
the lord Ranelagh had heard sir George Ratcliff speak those words in the
article.
The primate's testimony (who was sick) was the same with the article.
The lord Conway deposed the same with the article.
Sir Henry Vane deposed, he had heard those words spoken at the coun-
cil-board.
For the words spoken after the parliament.
To the first, sir Thomas Jermyne, lord Newburg, earl of Bristol, and earl
of Holland, were examined. Bristol spoke plainly, but Holland's testimony
was reserved.
Here some of the lieutenant's friends sho\?ed themselves.
65
X. «*
514 THOMAS, EARL OF t^TRAFFORD,
1. Lord Satil, who desired of sir Henry Vane to know whether he said
their, or this, or that kingdom ; and withal said, it was very hard to condemn
a man for treason npon such circumstances.
2. The earl of Southampton desired to know, whether sir Henry Vane
would swear those words positively or not. Sir Henry Vane said, positively
either them or the like. The earl replied, that under favour " those or the
like," could not be positive.
3. The earl of Clare desired to know what could he meant by this king-
dom ; for his part (he said) he thoug-ht it meant of the kingdom of Scotland,
to which the word this might very well be relative, that kingdom being only
mentioned in the preceding discourse.
Upon Wednesday, Whitlock charged thus : —
First, That he had advised the king to a rigorous and unlawful exaction of
ship-money.
Secondly, That he had given counsel, that if the sheriffs should refuse their
best endeavours and assistance to that eifect, they should be sent for, and
fined by the star-chamber, and imi)risoned.
Thirdly, That when the aldermen of London had in all humility repre-
sented the causes why the ship-money could not be collected amongst them,
and had given in the reasons why they refused to give in a list of their names,
within their city, who were able to afford the loan-money ; he in a contemptu-
ous and tyrannical manner, in the face of the council-board, had said to the
king : " Sir, these men, because of their obstinacy and frowardness, deserved
very well to be fined, ransomed, and laid by the heels; and it will never go
well with your service, until some of them be hanged up for examples to
others."
The evidence was as follows : —
The bishop of London, lord-treasurer, who declared, that he remembered
the words very well, that the lord-lieutenant had advised the king to cause
the ship-inoney to be gathered in ; but he remembered withal, that both him-
self and all the council had done the like ; and that it was upon a present
necessity, and defect of money for entertaining the army, which (the condi-
tion of the times considered) they all conceived was by any means to be
kept on foot.
Alderman Wiseman declared, that upon an humble remonstrance made to
the council-board, the city would take it ill, if a tax-roll should be delivered
of their estates, who were thought able for the loan-money ; the lord Straf-
ford said, they ought to be fined, ransomed, and laid by the heels : but as to
hanging them up, he heard not a word about it.
The earl of Berkshire declared that the lord Strafford had said, that upon
the refusal of such a service enjoined by the king's peremptory com.mand, it
was his opinion they might be fined.
Alderman Garway attested the preceding words; and withal added, that
the lord-lieutenant, to his best remembrance, had said, " it were well for the
king's service if some of them were hanged up."
Then they went to the twenty-sixth article, and the proofs were: —
Sir Thomas Edwards, who declared, that in discourse with the lord Straf-
ford, having remonstrated unto him that their goods were seized on beyond
seas, because of the money taken out of the mint, he told him, "that if the
Londoners suffered it, it was deservedly, because they had refused the king
a small loan of money upon good security ; and that he thought them more
ready to help the rebels than the king."
Mr. Palmer declared that he spake something about the king of France;
but whether with relation to England, or not, he did not remember.
Sir William Parkise attested in the same words; and withal, that the lord
Cottington was then present, and could declare the whole business.
Sir Ralph Freeman declared, that in a discourse with the lord Strafford, he
had said tiiat the servants in th^mint-house would refuse to work the copper-
-*-•' FOR HIGH-TREASON. 515
money ; and he replied, " that then it were well to send those servants to the
house of correction."
Upon Friday morning, about eight of the clock, the lieutenant of the tower,
and my lord's chamber-groom came to the hall, and gave information to the
house upon oath, that the lord Strafford was taken with aa exceeding great
pain, and fit of the stone, and could not upon any conditions stir out of his
bed.
Mr. Glyn replied, that it was a token of his wilfulness, not his weakness,
that he had not sent a doctor to testify the same.
The lord-steward made answer, that a doctor could not be had so soon in
a morning, nor was it possible for any physician to give a certain judgment
concerning a man's disability by the stone, because there are no outward
symptoms that appear.
Mr. Glyn excepted, that if he did not appear upon Saturday morning,
he should lose the privilege to speak in his own defence afterwards, and
they permitted to proceed.
The lord-steward replied, that the lords had appointed four of their num-
ber to go to the Tower, and learn the just cause of his stay ; and if by any
means he were able, he should be obliged to come then : if not, humanity
and common equity would excuse him.
Upon Saturday morning he presented himself at the bar, where he expected
nothing but repetitions of charges and defences ; but meanwhile Mr. Glyn
preferred some new proofs concerning the two-and-twentieth article, which
the noble lord refused, alleging the process was closed. Mr. Glyn answered,
the process is not closed, as long as the business stands unrepealed ; and
that it did not become a prisoner at the bar to pressume a method of pro-
ceeding to the liouse of commons.
It was answered by the lord-lieutenant, that he thought it stood him in
hand as nearly to maintain his life, as it did any to pursue him for it ; yet he
was willing the)'' should bring in new proofs, provided that he might have
time to make new replies, ancf withal use some new witnesses in some arti-
cles that concern his justification.
The lord Newark, upon these motions, desired the house might be ad-
journed ; after two hours delay, and a hot conflict with the lords, they re-
turned, and the lord-steward commanded the order to be read, which consisted
of two articles :
First, That as it was granted unto them to bring in proofs concerning the
two-and-twentieth article ; so it was to the lord Strafford to make his replies,
and use his witnesses concerning the same.
Secondly, That if they went to no more articles, no more should the lord
Strafford ; but if they did, that he might pitch upon any one article as he
pleased.
After prolonged debates and discussion, lord Strafford replied as follows : —
My lords, — This day I stand before )''ou charged with high-treason ; the
burden is heavy, yet far the more, in that it hath borrowed the patrociny of
the house of commons ; if they were not interested, I might express a no
less easy, than I do a safe issue and good success to the business: but let
neither my weakness plead my innocence, nor their power my guilt. If your
lordships will conceive of my defences, as they are in themselves, without
reference to either (and I shall endeavour so to present them), I hope to go' *
away from hence as clearly justified, as I am now in the testimony of a good
conscience by myself. My lords, I have all along my charge watched to
see that poisoned arrow of treason, that some men would fain have to be
feathered in my heart, and that deadly cup of wine, that hath so intoxicated
some petty mis-alleged errors, as to put them in the elevation of high-trea-
son ; but in tru'h it hath not been my quickness to discern any such monster
yet within mv breast, though now perhaps, Ity a sinistrous information, stick-
fi
516 THOMAS, EARL OF STRAFFORD,
ing to my clothes. They tell me of a twofold treason, one against the
statute, another by the common law; this direct, that consecutive; this indi-
vidual, that accumulative ; this in itself, that by way of construction.
For the first, I must and do acknowledge that if I had the least suspicion
of my own guilt, I would spare your lordships the pains, cast the first stone
at myself, and pass sentence of condemnation against myself; and whether
it be so or not, I refer myself to your lordships' judgment and declaration.
You, and only you (under the favour and protection of my gracious master),
are my judges; under favour, none of the commons are my peers, nor can
they be my judges. I shall ever celebrate the providence and wisdom of your
noble ancestors^who have put the keys of life and death (so far as concerns
you and your posterity) into your own hands, not into the hands of your in-
feriors ; none but your own selves know the rate of your noble blood, none but
yourselves must hold the balance in dispensing the same.
I shall proceed in repeating my defences, as they are reducible to these two
main points of treason: and for treason against the statute (which is the only
treason in effect), nothing is alleged for that but the fifteenth, two-and-twen-
tieth, and twenty-seventh articles. (Here he brought the sum of all his re-
plies made to these three articles before, and almost in the same words as
before ; only that testimony of sir Henry Vane's because it seemed pressing,
he stood upon it, and alleged five reasons for the nullifying thereof.)
First, That it was but a single testimony, and would not make faith in a
matter of debt, much less in a matter of life and death ; yea, that it was ex-
pressly against the statute to impeach (much less to condemn) him upon
high-treason, unless under the testimony of two famous witnesses.
Secondly, That he was dubious in it, and expressed it with an "as I do
remember, and such or such like words."
Thirdly, That all the council of eight, except himself, disclaim the words ;
as if by a singular providence they had taken hold of his ears only.
Fourthly, That at that time the king had levied no forces in Ireland, and
therefore he could not be possibly so impudent as to say to the king, " That
he had an army there, which he might employ for the reducing this kingdom."
Fifthly, That he had proved by witnesses beyond all exceptions (marquis
Hamilton, the lord-treasurer, the earl of Northumberland, lord Cottington, sir
William Pennyman, and sir Arthur Terringham), that there was never the
least intention to land those forces in England.
He went on :] —
o much for the articles that concern individual treason.
To make up the constructive treason, or treason by way of accumulation,
many articles are brought against me, as if in a heap of felonies or misde-
meanors (for in their conceit they reach no higher) some prolific seed, apt to
produce what is treasonable, could lurk. Here I am charged to have designed
the ruin and overthrow both of religion and state. The first seemeth rather
to have been used to make me odious than guilty, for there is not the least
proof alleged concerning my confederacy with the popish faction, nor could
there be any indeed ; never a servant in authority beneath the king my master
was ever more hated and maligned by those men than myself, and that for an
impartial and strict execution of the laws against them.
Here your lordships may observe that the greater number of the witnesses
used against me, either from Ireland or from Yorkshire, were men of that re-
ligion : but for my resolution (I thank God), I am ready every hour of the
day to seal my disaffection to the church of Rome with my dearest blood.
But, my lords, give me leave here to pour forth the grief of my soul before
you : these proceedings against me seem to be exceeding rigorous, and to
have more of prejudice than equity ; that upon a supposed charge of my hypo-
crisy or errors in religion, I should be made so monstrously odious to three
kingdoms ; a great many thousand eyes have seen my accusations, whose
ears shall never hear, that whea it came to the upshot I was never accused
•' - FOR HIGH-TREASON. 517
of them. Is this fair dealing among Christians l But I have lost nothing by
that: popular applause was ever nothing in my conceit; the uprightness and
integrity of a good conscience was, and ever shall be, my continual feast;
and if I can be justified in your lordships' judgments from this grand imputa-
tion (as I hope I now am, seeing these gentlemen have thrown down the
bucklers), I shall account myself justified by the whole kingdom, because by
you, who are the epitome, the better part, yea, the very soul and life of the
kingdom.
As for my design against the state, I dare plead as much innocency here
as in matter of my religion : I have ever admired the wisdom of our ances-
tors, who have so fixed the pillars of this monarchy, that each of them keep
a due proportion and measure with the other, and have so handsomely tied -up
the nerves and sinews of the state, that the straining of any one may bring
danger and sorrow to the whole economy. The prerogative of the crown, and
the propriety of the subject, have such mutual relations, this takes protection
from that; that foundation and nourishment from this: and as on the lute, if
any one string be too high or too lowly wound up, you have lost the harmo-
ny; so here the excess of a prerogative is oppression; of pretended liberty in
the subject, disorder and anarchy. The prerogative must be used as God
does his omnipotency, upon extraordinary occasions ; the laws (answerable
to that Potentia ligata in Creaturis) must have place at other limes. And
yet there must be a prerogative, if there must be extraordinary occasions ; the
propriety of the subject is ever to be maintained, if it go in equal pace with
this : they are fellows and companions, that are and ever must be inseparable
in a well-governed kingdom ; and no way so fitting, so natural to nourish and
entertain both, as the frequent use of parliaments : by those a commerce and
acquaintance is kept betwixt the king and subject. These thoughts have
gone along with me these fourteen years of my public employments, and shall,
God willing, to my grave : God, his majesty, and my own conscience, yea, and
all those who have been most accessory to my inward thoughts and opinions,
can bear me witness that I ever did inculcate this, that the happiness of a
kingdom consists in a just poise of the king's prerogative and the subjects'
liberty; and that things would never go well till they went hand in hand
together.
I thank God for it, by my master's favour, and the providence of my ances-
tors, I have an estate, which so interesteth me in the commonwealth, that I
have no great mind to be a slave, but a subject ; nor could I wish the cards
to be shufiled over again, upon hopes to fall upon a better set: nor did I ever
nourish such base mercenary thoughts, as to become a pander to the tyranny
and ambition of the greatest man living. No, I have, and ever shall aim at
a fair, but a bounded liberty; remembering always that I am a freeman, yet
a subject; that I have a right, but under a monarch. But it hath been my
misfortune now, when I am gray-headed, to be charged by the mistakers of
the times, who are now so highly bent, that all appears to them to be in the
extreme for monarchy, which is not for themselves. Hence it is, that de-
signs, words, yea, intentions, are brought out for real demonstrations for my
misdemeanors : such a multiplying-glass is a prejudicate opinion !
The articles contain expressions and actions : my expressions either in Ire-
land or England, my actions either before or after these late stirs. —
In this order he went through the whole charge, from the first article to the
last, in an excellent method, and repeated all the sums and heads of what was
spoken by him before ; only added in the twenty-eighth article, if that one
article had been proved against him, it contained more weighty matter than
all the charge besides ; and it had not only been treason in him, but also vil-
lany, to have betrayed the trust of his majesty's army. Yet because the
gentlemen had been sparing (by reason of the times) to insist upon that arti-
cle, though it might concern him much, he resolved to keep the same method,
and not utter the least expression that might seem to disturb the happy a^ree-
2 X
518 THOMAS, EARL OF STRAFFORD,
ment intended, though he wished the same might deceive his expectation :
only thus much he admired, how himself, being an incendiary against the
Scots in the twenty-third article, is now become their confederate in the
twenty-eighth article ; or how he could be charged for betraying Newcastle,
and for fighting with the Scots at Newborne too, seeing with them was no
possible means for betraying the town, but to hinder their passage thither.
That he never advised war farther, than (in his poor judgment) concerned
the very life of the king's authority, and the safety and honour of his king-
doms : nor saw he what advantage could be made by a war in Scotland,
where nothing could be gained but many hard blows. For his part, he ho-
noured the nation, but he wished they might be ever under their own climate,
and had no desire they should be too well acquainted with the better soil of
England : but he thought that article had been added in just, or as a supernu-
merary; and he very little suspected to be reckoned a confederate Avith the
Scots, and wished (as he hoped it was) that every Englishman were as free
from that imputation as himself; closing his defence with this speech : —
My lords, you see what may be alleged for this constructive, rather de-
structive treason. For my part, I have not the judgment to conceive that
such a treason is agreeable either with the fundamental grounds of reason or
law; not of reason, for how can that be treason in the lump or mass which is
not so in any of the parts ] Or how can that make a thing treasonable which
in itself is not so ] Not of law, since neither statute, common law, nor prac-
tice hath from the beginning of this government ever mentioned such a
thing: and where, my lords, hath this fire, without the least appearance of
any smoke, lain hid so many hundred years, and now breaks forth into a vio-
lent flame to destroy me and my posterity from the earth 1 My lords, do we
not live by laws, and must we be punished by laws before they be made ?
Far better were it to live by no laws at all, but to be governed by those cha-
racters of discretion and virtue that nature hath stamped in us, than to put
this necessity of divination upon a man, and to accuse him of the breach of
law before it be a law at all. If a waterman upon the Thames split his boat
by grating upon an anchor, and the same have a buoy appending to it, he is to
charge his own inobservance: but if it hath none, the owner of the anchor is
to pay the loss.
My lords, if this crime, w-hich they call arbitrary treason, had been marked
by any discerner of the law, the ignorance thereof should be no excuse for
me; but if there be no law at all, how can it in rigour or strictness itself con-
demn mel Beware you do not awake these sleeping lions, by the searching
out some neglected moth-eaten records, they may one day tear you and your
posterity in pieces : it was your ancestors' care to chain them up within the
barricadoes of statutes ; be not you ambitious to be more skilful and curious
than your forefathers in the art of killing.
My lords, it is my present misfortune, for ever yours; and it is not the
smallest part of my grief, that not the crime of treason, but my other sins
(which are exceeding many) have been presented to me before this bar; and
except your lordships' wisdoms provide for it, it may be, the shedding of my
blood may make way for the tracing of yours. You, your estates, your pos-
terities lie at the stake. If such learned gentlemen as these, whose tongues
are well acquainted with such proceedings, shall be started out against you;
if your friends, your counsel denied access unto you ; if your professed ene-
mies admitted to witness against you; if every word, intention, or circum-
stance of yours be sifted and alleged as treasonable, not because of a statute,
but because of a consequence, or construction of lawyers pieced up in a high
rhetorical strain, and a number of supposed probabilities; I leave it to your
lordships' consideration, to foresee what may be the issue of such dangerous
and recent precedents.
These genii emeu tell me they speak in defence of the commonwealth
against my arbitrary laws ; give me leave to say, 1 speak in defence of the
I
.>f y
FOR HIGH-TREASON. 519
commonwealth against their arbitrary treason : for if this latitude be admit-
ted, what prejudice shall follow to king- and country, if you and your posteritj--
be by the same disenabled from the greatest alTairs of the kingdom? For my
poor self, were it not for your lordships' interest, and the interest of a saint
in heaven, who hath left me here two pledges on earth (at this his breath
stopt, and he shed tears abundantly in mentioning his wife, which moved his
very enemies to compassion), I should never take the pains to keep up this
ruinous cottage of mine ; it is loaded with such infirmities, that, in truth, I
have no great pleasure to carry it about me any longer ; nor could I ever leave
it in a better time that this, when I hope the better part of the world would
perhaps think, that by this my misfortune I had given a testimony of my in-
tegrity to God, my king, and country. I thank God, I count not the afflic-
tions of this present life comparable to that glory which is to be revealed in
the time to come.
My lords ! my lords ! my lords ! Something more I had to say, but my
voice and spirits fail me ; only I do in all humility and submission cast my-
self down before your lordships' feet, and desire that I might be a pharos to
keep you from shipwreck ; do not put such rocks in your own way, which no
prudence, no circumspection can eschew or satisfy, but by your utter ruin.
And whether your judgments in my case (I wish it were not the case of you all)
be either for life or death, it shall be righteous in my eyes, and received with a
Tt Deum laiidumus (and he then lifted up his eyes, and said), fn te Domine
confido, ne cunfundur in xiernum. —
The reply of the commons did not occupy much time ; they proceeded
article by article, in the same words and tenor as before ; only some remark-
able flashes of eloquence passed from Mr. Glyn. He told them that he should
represent the lord Strafford as cunning in his replies, as he had been crafty
in his actions ; that he waived all that was material, and insisted only upon
the secondary proofs ; that it was more than evident throughout ail his charge,
how he had endeavoured to bring in an arbitrary and tyrannical form of go-
vernment over the lives, lands, and liberties of the king's subjects; yea, had
exercised a tyranny over their consciences too, by the oath administered in
Ireland ; and though his malicious designs had taken no effect, yet no thanks
to him, but to the goodness of the king, and the vigilancy of the peers, had
tney pleased, it had been too late to have punished liim ; for no rule of law
had been left whereby to censure him, after the death and expiration of the
laws. And if the intention of Guido Faux might be thought treason, though the
house was not blown up, then this intention of his may admit the same censure.
That throughout all his defences he had pretended either warrants from the
king, or else the king's prerogative ; and what was this else but to draw up
a cloud and exhale the vapour for the eclipsing of the bright sun, by the
jealousies or repinings of his subjects, if the strength of his piety and jus-
tice should not dispel all these mists, and send them down to their original?
That the very standing and falling of these three kingdoms stood upon this
process ; all of which do conceive their safely so far interested in his just
punishment, that no settling of their peace or quiet could be expected without
this ; that they hoped the law should never protect him who had gone about
to subvert all law ; nor the nobility, who had the same blood moving in their
veins, by submitting themselves to his base tyranny, lose that privilege
and liberty which their ancestors had bought with their dearest lives.
Though there was no statute for this treason, was it the less monstrous 1 for
there was none for so many hundreds of years that durst ever venture upon
such insolencies, to occasion such a statute : and were not the fundamental
grounds, rules, and government sufficient to rise up in judgment against him,
without the making of a particular statute? This, he said, he left to the
dispute of the law ; and concluded, that seeing they had found out the Jonah,
who these many years had tossed and hazarded the ship of the commonwealth
with continual storms and tempests, there could be no calms expected, but
■i
520 THOMAS, EARL OF STRAFFORD,
by casting him out into the seas ; which, in all justice, they must, and do
expect from their hands, who are intrusted by the body of the kingdom to do
the same.
Upon Wednesday, the house of commons perceiving a great defection of
their party, and a great increase of the lord Stratlord's friends in both houses,
occasioned by his insinuating, honest, and witty defence, resolved imme-
diately to hear nothing more in public : therefore it was determined upon by
his accusers to draw up a bill of attainder, and present the same to the lords ;
whereby, first, the matter of the fact should be declared to have been suffi-
ciently proved : and then in the matter of law, that he had incurred the cen-
sure of treason, for intending to subvert the fundamental laws of the king-
dom; for though (said they) he cannot be charged by letter of statute of the
twenty-fifth of Edward III. yet he is within the compass of the salvo, whereby
it is provided, that the king and parliament hath power to determine what is
treasonable, and what not; and that they were confident the lords would
ratify and approve of this bill of theirs, and gave judgment accordingly.
The lords told the house of commons in their conference on Thursday, that
they would go on the same way they did already ; and, according to the
order of the house, give full audience to the lord Stratford's counsel in
matter of law, and that they themselves, as competent judges, would by
themselves only give sentence in the cause ; nor was there any other course
suitable to the practice and statutes of the kingdom, the safety of the nobility,
or to equity or common justice
It was replied by the lower house that they were resolved to go on with
their bill, and if the same should be rejected by the lords, they feared a rup-
ture and division might follow, to the utter ruin and desolation of the whole
kingdom; that no content would be given to the subject, unless the man,
who had so much intruded upon their right and discontented the people, was
punished as a traitor for an example to the kingdom ; that no man had ever
found such a favourable hearing; and that the process against Essex, Nor-
folk, Somerset, were all of them closed in one day.
Thursday, April -J'Jth, was fixed upon for the agitation of the business : —
The lords met at the great hall at Westminster, about nine o'clock, not in their
robes, nor did the lord-steward sit upon his sack, but with the rest promis-
cuously; nor did the committee for the house of commons stand at the bar,
but sat with the body ; and the earl of Strafford sat behind the place where
he used to sit before ; the reason of these changes was, because the object was
appointed not for a meeting, but for a conference; the king, queen, and prince
were there, according to their custom ; not a man spake a word in the house all
the time, but only Mr. St. John, the king's solicitor, one of the committee, whose
drift and purpose was to furnish the lords with reasons, why the house of com-
mons had proceeded with a bill of attainder ; and likewise, to reply to what
the lord Strafford had spoken, either by himself or his counsel, in matter of
law. The speech was in print.
Upon Friday he petitioned the lords to be heard again, because his lawyers
had not fully spoken at their last meeting ; but this was denied him, because
the commons were to have the last speech.
Upon this information the king, fearing the inconstancy of the lords, came
to the house on Saturday, at ten o'clock, and having sent for the house of
commons, spake much to this effect.
THE king's speech TO THE HOUSE OF COMMONS.
That he had sincerely, without affection or partiality, endeavoured to in-
form himself concerning the lieutenant's charge ; and had, at length, seriously
pondered with himself, both concerning the matter of fact and the matter of
law; and now it stood him in hand to clear their judgments, then to exone-
rate his own conscience. For them, he had two things to declare : —
First, That there never was such a pmject, nor had the lord Straflbrd ever
^
FOR HIGH-TREASON.
offered such advice for the transporting of the Irish army into England ; so
that in nothing the lieutenant had been more misunderstood than in that;
which imputation did in no small measure reflect on himself (the king), as
if he had intended to make war upon his own good subjects ; which thought
(he said) was far enough from his breast, nor could any man in probability
think so unworthily of him, who had perceived how graciously he had dealt
with his subjects elsewhere, that had deserved a great deal worse.
Secondly, That the lieutenant had never advised him to establish an arbi-
trary government ; nor if he had, should he have escaped condign punish-
ment; nor would any of his good subjects ever think otherwise, unless they
conceived him either to be a fool or a tyrant ; that he either could not or
would not discern such wickedness. He was well content (he said) with
that authority and power which God had put into his hands ; nor should he
ever think it his prerogative to intrude upon the propriety of the subject.
For himself and his own conscience (he said), he was now to declare, that
in his own judgment, there was nothing in the process against the lieutenant
that deserved the censure of treason. Oversights and misdemeanours there
were, in such a measure, that he confessed the lord Strafford was never
worthy hereafter to bear any office in his kingdoms, no, not so much as of a
constable ; but was to be answerable for all his errors, when they were
to be charged upon him ; and to this none of them should concur with crreater
alacrity than himself. That he hoped none of them v/ould deny to give him
the privilege of the first voice, which was. That he would never, in heart nor
hand, concur with them to punish this man as a traitor; and desired, there-
fore, that they would think of some other way how the business mio-ht be
composed ; nor should it ever be less dear to him (though with the loss'of his
dearest blood) to protect the innocent, than to punish the guilty. —
Upon Saturday, May 8, the bill against the lord Strafford passed the lords ;
there were forty-five present, of which nineteen voted for him, and twenty-
six against him. The greater part of his friends absented themselves under
pretence (whether true or suppositious) that they feared the multitude. On
Sunday the king was resolute never to sanction the bill, telling thern, that
it seemed strange to him that the man could not die, unless he, "and he only
by giving a sentence he disapproved of, should condemn him.
But at last victus dedit /nanus ; being overcome with such incessant impor-
tunities, he yielded. And about nine o'clock at night the king promised to
sign both the bills the next morning ; which was accordingly done, and a com-
mission drawn up for his execution.
The commons were overjoyed at the passing these two bills, and returned
his majesty their thanks for his extraordinary condescension, assurino- him,
T.iey would make him a glorious king, and richer than any of his predecessors .■
but, whatever they then designed to make him, certain it is, he became from
that hour dependent on the parliament, and by giving the royal assent to those
two acts, resigned his authority and influence over his people.
The king, too late sensible of his error, wrote to the house of peers, by the
prince his son, to entreat that mercy might be shown the earl ; that they
would be content with his perpetual imprisonment ; and endeavour to obtain
a conference with the house of commons, and endeavour to brino- them into
the same sentiments; adding, by way of postscript, "That if he'must die, it
were charity to reprieve him till Saturday." But so little influence had these
prayers and entreaties, that the lords let his majesty know that neither of his
intentions could be complied with. Wednesday, the 12th of May, therefore,
being appointed for the execution of the earl, he desired the lieutenant of the
Tower, the evening before, to let him speak with the archbishop of Canter-
bury, his fellow-prisoner; but the lieutenant answered, he durst not permit
him^ without an order of parliament ; whereupon the earl related to archbishop
Usher, who was then at his lordship's lodgings in the tower, what he intended
to have said, if he had been permitted to see archbishop Laud, namely that
2x2 6G
522 THOMAS, EARL OF STRAFFORD,
he would have desired his grace to assist him with his prayers that night, and
give him his blessing when he went to the scaffold the next day ; he desired
also he would be at his window, that he might thank him for all his favours ;
and archbishop Usher delivering the message to archbishop Laud that eve-
ning, his grace of Canterbury appeared at his window next morning as the
earl passed by, when the earl looking up and demanding his prayers and his
blessing, his grace lifted up his hands, and gave him both ; then the earl
making a submissive bow, said, " God protect your innocency," and moved
on towards the scaffold, which was erected on Tower-hill. The lieutenant
was desired to take coach, for fear the mob should rush on him as he walked,
and pull him to pieces; but the earl answered, no; he was not afraid to
look death in the face, and the people too. Have you a care, says the earl,
that I don't escape ; and whether I die by the hands of the executioner or the
fury of the people, is to me perfectly indifferent.
Having mounted the scaffold, he saluted the gentlemen he found there, and
began to take his last leave of his friends, who appeared much more concerned
than himself, and observing his brother, sir George Wentworth, weep :
" Brother," said he, cheerfully, " what do you see in me to deserve these
tears 1 Does any indecent fear betray in me any guilt, or my innocent assu-
rance any atheism ] Think now that you are accompanying me the third time
to my marriage bed. Never did I throw off my clothes with greater freedom
and content, than in this preparation to my grave. That stock," pointing to
the block, "must be my pillow : here shall I rest from all my labours : no
envious thoughts, no dreams of treason, jealousies, or cares for the king, the
state, or myself, shall interrupt this easy sleep ; therefore, brother, pity with
me those men, who, contrary to their intention, have made me happy.
Kejoice in my happiness, rejoice in my innocence." Then kneeling down,
he made this protestation : " I hope, gentlemen, you think that neither the
fear of loss, or love of reputation, will suffer me to belie God and my own
conscience at this time. I am now in the very door going out, and my next
step must be from time to eternity, either of peace or pain. To clear myself
before you all, I do here solemnly call God to witness, I am not guilty, so
far as I can understand, of the great crime laid to my charge ; nor have ever
had the least inclination or intention to damnify or prejudice the king, the
state, the laws, or the religion of this kingdom ; but with my best endeavours
to serve all, and to support all, so may God be merciful to my soul."
Then rising up, he said, " My lord primate of Ireland, and my lords^, and
the rest of these noble gentlemen, it is a great comfort to me to have your
lordships by me this day, l)ecause I have been known to you a long time. I
come here, by the good will and pleasure of God, to pay that last debt I owe
to sin, which is death ; and by the blessing of that God, I trust to rise again,
though the merits of Jesus Christ, to righteousness and life eternal.
" I submit to the judgment that has passed on me, with a quiet and eon-
tented mind. I thank God 1 freely forgive all the world from my very heart;
there is not an angry thought arising in me towards any man living ; and my
conscience bears me witness, that in all my employments, since I had the
honour to serve his majesty, I never had any thing in the purpose of my heart,
but what tended to the joint and individual prosperity of king and people, al-
though it hath been my ill-fortune to be misunderstood.
" 1 am not the first who hath suffered in this kind ; it is the common por-
tion of us all, while we are in this life, to err; righteous judgment we
must wait for in another place ; for here we are very subject to be mis-
judged one of another. There is one thing I desire to free myself of, and I
am very confident I shall obtain your Christian charity in the belief of it. I
was so far from being against parliaments, thai I always thought the parlia-
ments of England were the most happy-constitutions that any kingdom or
nation ever lived under, and the best means, under God, to make both king and
people happy.
FOR HIGH-TREASON. 523
" My lord primate, it is a great comt"ort to me, that his majesty conceives
me not meriting so severe and heavy a punishment. I do infinitely rejoice in
this mercy of his, and I beseech God to return it into his own bosom, that he
may find mercy when he stands most in need of it.
" I wish this kingdom all the prosperity and happiness in the world. I
did it living, and now dying it is my wish. I do most humbly recommend
this to every man who hears me ; but desire they would lay their hands upon
their hearts, and seriously consider, whether the beginning- of the happiness
and reformation of a kingdom should be written in letters of blood ; and may
I never be so unhappy as that the least drop of my blood should rise up in
judgment against any one of you ; but I fear you are in a wrong way.
" My lords, I have but one word more : I profess I die a true and obedient
son to the ' church of E ngland' wherein I was born, and in which I was bred ;
' Peace and prosperity be ever to it.' It has been objected, but it is an objec-
tion scarce worth answering, that I have been inclined to popery; though I
can truly say, that from the time I was one-and-twenty years of age tolhis
present, going now upon forty-nine, I never had it in my heart to doubt of the
religion of the church of England, nor ever had any man the boldness to sug-
gest any such thing to me. And now, being reconciled by the merits of
Jesus Christ my Saviour, into whose bosom I hope I shall shortly be gathered,
to those happinesses which shall never have an end, I desire heartily the for-
giveness of every man for any rash or unadvised words, or any thing done
amiss. And so, my lords and gentlemen, farewell ! farewell, all things of this
world I
" I desire you will now join with me in prayer, and I trust in God we shall
all meet, and live eternally in heaven, there to receive the accomplishment of
all happiness, where every tear shall be wiped away from our eyes, and every
sad thought from our hearts: and now God bless this kingdom, and Jesus
have mercy on my soul."
Then he saluted the noblemen, and other persons of distinction upon the
scaffold ; after which he said again, " Gentlemen, I entreat you all to pray
with me, and for me ;" and his chaplain having laid the book of Common
Prayer before him, he kneeled down, and prayed out of it a quarter of an
hour, and as long without book, concluding with the Lord's prayer.
Then, standing up, he said to sir George Wentworth —
" Brother, we must part. Remember me to my sister, and to my wife, and
carry my blessing to my son : charge him always to fear God, and continue
an obedient son to the church of England; warn him that he bear no pri-
vate grudge, or revenge towards any man concerning me. And bid him never
to meddle with church livings ; for that will prove a moth and canker to him
in his estate ; I wish him to be a servant to his country, without aimino- at
high preferment.
" Carry my blessing also to my daughters Anne and Arabella : charge them
to serve and fear God, and he will bless them ; not forgetting my little in-
fant, which yet knows neither good nor evil."
While he was undressing, he said, "I as cheerfully put off my clothes at
this time, as ever I did when I went to bed ;" and putting on a white cap, he
tucked up his hair under it ; then having prayed again, and submitted to the
block, his head was severed from his body at one blow.
#
524 THE REBELS IN 1745.
THE REBELS IN 1745.
Soon after the decisive battle of CuUoden, April 16, 1745, the earls of
Kilmarnock and Cromartie, and lord Balmerino, were taken into custody ; and
lord Iiovat was afterwards apprehended on a charge of having given advice
and assistance to the pretender.
Lord Kilmarnock, who was distinguished by the comeliness of his appear-
ance, was brought up in the profession of the Presbyterian faith ; so that his
joining the rebels may be deemed the more extraordinary, as there is no reli-
gion farther removed from popery than that of the presbytery of Scotland ;
but his lordship had married a lady who was strongly attached to jacobitical
principles, and who made repeated efforts to convert him to her political sen-
timents : but, if the accounts transmitted to us are true, he resisted all her
arguments till within a few months of the landing of the pretender; when
having applied to the ministry for a place under the government, and his
suit being rejected, he became determined with regard to his future con-
duct.
Lord Cromartie derived his descent from a family which had a kind of
hereditary attachment to the house of Stuart. .Tames the second had ad-
vanced his grandfather to the dignity of an earldom, for supporting him in
his unjustifiable views against the rights and privileges of his subjects.
Lord Balmerino, as well as the earl of Cromartie, was a non-juror. He
was the youngest son of the preceding lord Balmerino, and succeeded to the
title but just before the battle of CuUoden. He had been concerned in the
rebellion in 1715, but received a pardon through the intercession of his
friends. This nobleman was distinguished by his courage, and his skill as a
swordsman ; nor was he less distinguished by his firm adherence to the prin-
ciples he had imbibed.
Lord Lovat professed the Roman Catholic religion. He possessed con-
summate abilities, and was profoundly learned : nor was his skill in political
matters inferior to his other acquirements.
The lords Kilmarnock, Cromartie, and Balmerino being, in the month of
July, 1746, brought up to answer for their treasons before the house of peers,
assembled in Westminster Hall, the two former pleaded guilty ; but lord
Balmerino pleaded not guilty ; on which he was put on his trial, and con-
victed on the fullest evidence.
When the unfortunate noblemen were carried up to receive sentence,
Cromartie and Kilmarnock most humbly besought the peers to make interest
with the king in their favour: but Balmerino scorned to ask such a favour,
and smiled at his approaching fate.
Great interest being exerted to save the earls, it was hinted to Balmerino
that his friends ought to exert themselves in his behalf; to which, with great
magnanimity, he replied, "I am very indifferent about my own fate; but had
the two noble lords been my friends, they would have squeezed my name in
among theirs."
The countess of Cromartie, who had a very large family of young children,
was incessant in her applications for the pardon of her husband, to obtain
which she took a very plausible method. .She procured herself to be intro-
duced to the princess of Wales, attended by her children in mourning, and
urged her suit in the most suppliant terms. The princess had at that time
several children. Such an argument could scarcely fail to move ; and a
pardon was granted to lord Cromartie, on the condition that he should never
reside north of the river Trent. This condition was literally complied with ;
and his lordship died in Soho-square, in the year 1766.
Orders being given for the execution of the lords Kilmarnock and Balme-
rino, on the 18th of August, 1746, a scaffold was erected on Tower-hill, and
THE REBELS IN 1745. 525
the coffins were placed on the scaffold, while the sheriffs went to the Tower
to demand the bodies of the devoted victims to public justice.
"When the sufferers were brought out of the Tower, Kilmarnock said, God
save kinor George ; but Balmerino, still true to his former principles, ex-
claimed, God save king James.
The way to the place of execution was lined by soldiers of the foot-guards,
and parties of the horse and grenadier guards closed the procession to the
fatal spot, where they had no sooner arrived than the noblemen were con-
ducted to different apartments, appropriated to the purposes of their private
devotions. Lord Kilmarnock was attended by that eminent dissenting minis-
ter. Dr. Foster, who had frequently visited him during his confinement.
A clergyman of the established church attended lord Balmerino ; and it
was remarked, that as he passed to the place of execution some of the spec-
tators said, which is lord Balmerino] to which he cheerfully replied, "1 am
lord Balmerino, gentlemen, at your service."
This brave and unfortunate man, evidently a sufferer from principle, having
obtained permission from the sheriffs to speak with lord Kilmarnock, asked
him, if he knew of any orders given, previous to the battle of Culloden, that
no prisoner should be suffered to live. Kilmarnock denied any knowledge
of such orders ; on which Balmerino said, then it is one of their own inven-
tions, contrived on purpose to justify their conduct.
The unfortunate sufferers having taken a final leave of each other, lord
Kilmarnock and his friends joined in prayer with Dr. Foster, after which his
lordship drank a glass of wine and ate a biscuit. He then applied to one of
the sheriffs, requesting that the sentence of the law might be first executed
on lord Balmerino : but this, he was told, could not be complied with, as his
name stood first in the warrant of execution. Hereupon he took leave of
his friends; said he should not address the people on the occasion; and
having desired Dr. Foster to attend him to the last fatal moment, ascended
the steps of the scaffold. On the sight of the coffin, block, and hatchet, he
turned about to a friend, and said, this is terrible ! He then kneeled down,
and prayed devoutly ; and the whole of his conduct so affected the execu-
tioner that he fainted, but was recovered by the help of a glass of wine.
His lordship's friends now assisted him in preparing for the dreadful fate
that awaited him ; but a considerable time was lost in tucking his hair, which
was very long, under a nightcap. During this dreadful interval he seemed
agitated with'a thousand fears ; his body was convulsed by the horrors of his
mind; and when he knelt down to the block he laid his hands over it; a
circumstance that again intimidated the executioner, who desired him to re-
move his hands, which was accordingly done; but now it was discovered
that his waistcoat was in the way; on which he arose, and being assisted by
his servant in taking it off, he again kneeled down ; and after a short time
spent in prayer, he dropped his handkerchief: and his head, except a small
piece of skin, was severed at one stroke ; the head, being received in a cloth
of red baize, was put into the coffin with the body, and conveyed to the
Tower.
During a great part of this solemn interval, lord Balmerino exercised him-
self in devotion, and then conversed with his friends with an astonishing
degree of ease and fortitude. Everyone present wept but himself; who
seemed possessed with a conscious integrity of mind that supported him in
this arduous trial. Sawdust being strewed over the scaffold, to hide the
blood, the under-sheriff attended lord Balmerino, when the latter, preventing
what he was going to say, asked if lord Kilmarnock had suffered ; and put
some questions respecting the executioner. His questions being answered,
he said to his friends, Gentlemen, I shall detain you no longer ; and having
taken his leave of them with an air of great unconcern, walked to the scaffold
in so intrepid a manner as to astonish all the spectators.
Goinor up to the executioner, he took the axe from his hand, and having
526 THE REBELS IN 1745.
attentively regarded it, clapped him on the shoulder as an encouragement
not to be fearful in the discharge of his office. Then going to the extremity
of the scaffold, he inquired for the hearse, and desired that it might be
drawn nearer ; which was readily complied with. Having thrown his coat,
waistcoat, and neckcloth on his coffin, he put on a flannel waistcoat, and
taking out of his pocket a plaid nightcap, he put it on his head, and said, " I
will die like a Scotchman."
Having fitted his neck to the block, he spoke a short time to the execu-
tioner, and then addressed the spectators as follows : — " Perhaps some per-
sons may think my behaviour too bold, but remember, I now declare it is the
effect of confidence in God, and a good conscience; and I should dissemble
if I exhibited any sign of fear." Having placed his head on the block he
stretched out his arms, and prayed in the following words : " 0 Lord, re-
ward my friends, forgive my enemies, and receive my soul."
This said, he gave the signal for the stroke ; but the executioner was so
affected by the magnanimity of his behaviour, that he struck him three times
before the head parted from the body. It was received in a piece of red
baize, as lord Kilmarnock's had been ; and a hearse having conveyed the de-
ceased to the tower, he was interred in the same grave with the marquis of
Tullibardine, who died during his imprisonment.
Lord Lovat was the last in the rank of peerage who suffered on account
of the rebellion. He was a man of \incommon abilities and refined educa-
tion ; was more than eighty years old at the time of his death, and had
acted a more unaccountable part in life than almost any other man : and per-
haps it may be said, with truth, that insincerity and want of principle were
the distinguishing marks of his character.
The following, among other instances, will prove the extravagance of his
conduct. Having addressed the heiress of Lovat, in 1693, a marriage might
have ensued, but that the lady was engaged to lord Salton's son. On this
Lovat took some of his dependants to the house of that nobleman, and having
caused a gibbet to be erected, swore he would hang the father and son,
except all pretensions to the young lady were resigned.
This was complied with through terror, and even the contract of marriage
given up : and he now intended to have seized the young lady's person ; but
her mother, a widow lady, having secreted her, he was determined on revenge;
on which he went to the house of the mother, taking a clergyman with him,
and being attended by several armed ruffians, he compelled the old lady to
marry one of the persons who came with him. This being done he cut off
her stays, and obliged her to go to bed ; and he with his associates waited
till the consummation of this forced marriage. For this infamous transaction
Lovat was tried as an accessory to the rape, and was capitally convicted ; but
received a pardon from the lenity of king William the third.
Going to France, in 1698, he turned papist, by which he acquired the good
opinion of the abdicated king James the second, who employed him to raise
recruits in Scotland; but he revealed the substance of his commission to the
British ministry; which circumstance being discovered by some Scotch Ca-
tholics, an account of it was transmitted to France; so that on his next visit
to that country, in the year 1702, he was lodged in the Bastile, where he con-
tinued some years ; but at length obtaining his liberty, he went to St. Omers,
where he entered into the order of Jesuits.
Returning to Scotland on the demise of queen Anne, he succeeded to the
title of Lovat, to which a good fortune was annexed ; but in the following
year, when the Pretender landed in Scotland, he for a while abetted his
cause; but finding his interest decline, he raised a regiment in opposition to
him. This latter part of his conduct coming to the knowledge of king George
the first, Lovat was sent for to court, where he was highly caressed.
At the time he was supporting the rebellion of 1745 with men and money,
the Iprd president Forbes wrote to him, and conjured him in the most earnest
THE REBELS IN 1745. 527
manner, to take a decisive and vigorous part in behalf of government; and
Lovat answered him in such a manner as seemed to imply an assent to all he
urged ; though at this very time the men he had sent to assist the rebels were
commanded by his own son.
He was apprehended in his own house, some days after the battle of Cul-
loden, by a party of dragoons; but being so infirm that he could not walk, he
was carried in a horse-litter to Inverness, whence he was sent in a landau to
Edinburgh, under the escort of a party of dragoons. Having been lodged
one night in the castle, he was conveyed to London, and committed to the
Tower, only two days before Kilmarnock and Balmerino suffered the dreadful
sentence of the law.
Several of the witnesses whose presence was judged necessary on the trial
of lord Lovat residing in the north of Scotland, it was thought proper to post-
pone it till the commencement of the following year; and he was accordingly
brought to his trial before the house of peers, in Westminster hall, on the 9th
of March, 1747, lord-chancellor Hardwick presiding on the solemn occasion.
On the first day of the trial, lord Lovat objected to a witness, because he
was his tenant; but his competency to give his deposition being allowed,
after long arguments, he deposed that his lordship had been active in raising
supplies for the Pretender, who had made a descent on the kingdom in con-
sequence of his advice.
This was the substance of the first day's proceedings; and a great part of
the second was spent in debates respecting the admissibility of Mr. Murray,
who had been secretary to the Pretender, as an evidence. It was urged that
his evidence could not be allowed as he stood attainted ; but the attorney-
general having read the record of the attainder, and produced the king's par-
don, all further objections fell to the ground.
On the following day Mr. Murray was examined, and proved that lord Lo-
vat had assisted the rebels with men and money ; and that he had commis-
sioned two of his sons to cause his tenants to take arms in behalf of the Pre-
tender.
Lord Lovat's servants proved that the Pretender had been assisted with
money by his lordship; and on the fourth day several gentlemen from the
Highlands gave their testimony to the same purpose.
The evidence for the crown being summed up on the fifth day, lord Lovat
was acquainted by the lord high-steward that he must prepare for his de-
fence; and, accordingly, on the sixth day, his lordship insisted that the par-
ties who had given evidence against him were his enemies, and that they had
beeti induced to give their testimony by threats of subornation ; and he en-
deavoured to support his allegations by the deposition of two Highlanders ;
but what they said had little influence against the concurrent testimony of the
other witnesses.
The peers being assembled in parliament on the seventh day, determined
on their verdict, and having returned to Westminster hall, the culprit was in-
formed by the lord high-steward that he had been found guilty by his peers.
To this lord Lovat said that he had been ill treated while under misfortunes ;
and this he declared with so much acrimony, that the high-steward reproved
him for the indecency of his behaviour, and then passed on him the sentence
of the law.
After conviction lord Lovat behaved with uncommon cheerfulness, appear-
ing by no means intimidated at the fate that awaited him. His friends ad-
vising him to apply for the royal mercy, he declined it, saying that the rem-
nant of his life was not worth asking for. He was always cheerful in com-
pany; entertained his friends with stories, and applied many passages of the
Greek and Roman history to his own case.
On the arrival of the warrant for his execution, lord Lovat read it, and
pressing the gentleman who brought it to drink a bottle of wine with him,
528 THE REBELS IN 1745.
entertained him with such a number of stories as astonished the visitor, that
his lordship should have such spirits on so solemn an occasion.
The major of the Tower inquiring after his health one morning, he said, " 1
am well, sir; I am preparing myself for a place where hardly any majors go,
and but few lieutenant-generals." Having procured a pillow to be placed at
the foot of his bed, he frequently kneeled on it, to try how he should act his
part at the fatal block; and, after some practice, thought himself sufficiently
perfect to behave with propriety.
Waking about two in the morning on the day before his death, he prayed
devoutly for some time, and then slept till nearly seven, when he was dressed
by the assistance of the warder. This day he spent with his friends, con-
versing cheerfully both on public and private atfairs. He was even jocose in
a hioh degree, and told the barber who shaved him to be cautious not to cut
his throat, which might baulk many persons of the expected sight on the fol-
lowintr day. Having eaten a hearty supper, he desired that some veal might
be roa'sted that he might have some of it minced for his breakfast, being a
dish of which he was extremely fond. He then smoked his pipe, and retired
to rest.
Waking about three in the morning, he employed some time in devotion,
and then reposing himself till five o'clock, he arose, and drank a glass of wine
and water, as he was accustomed to do every morning. He then employed
himself about two hours in reading, which he could do without spectacles,
notwithstanding his advanced age, for he had lived a life of temperance, and
his eyesight was uncommonly good.
Having called for his breakfast of minced veal, he ate heartily of it, and
drank some wine and water to the health of his surrounding friends. The
coffin, with his name and age, and decorated with ornaments proper to his
rank, being placed on the scaffold, Mr. Sheriff Alsop went to the gate of the
Tower at eleven o'clock, to demand the body. This intelligence being con-
veyed to lord Lovat, he requested a few minutes for his private devotions; in
which being indulged, he returned cheerfully, and said, " Gentlemen, 1 am
ready ;" and having descended one pair of stairs, general Williamson requested
him to repose himself a few minutes in his apartment.
Complying with this invitation, he staid about five minutes, behaved with
the utmost politeness to the company, and having drank a glass of wine, got
into the governor's coach, which conveyed him to the gate of the Tower,
where he was received by the sheriffs. Being conducted to a house near the
scaffold, he told the sheriff he might give the word of command when he
pleased ; for (added he) I have been long in the army, and know what it is
to obey. Having drank some burnt brandy and bitters, he ascended the scaf-
fold, and taking a survey of the surrounding multitude, he expressed his as-
tonishment that such numbers could assemble to witness the decollation of so
ancient a head.
Observing a friend on the scaffold who appeared very desponding, he put
his hand on his shoulder, and said, " cheer up thy heart, man ; I am not afraid,
and why shouldst thou"?" Then giving the purse of gold to the executioner,
he bade him act his part properly, saying, "if you do not, and I am able to
rise again, I shall be much displeased with you."
He now sat down in a chair, and having repeated some sentimental lines
from the classic authors, he stripped himself, and laid his head on the block.
After a few minutes spent in devotion, he dropped his handkerchief; on which
his head was cut otf^ and being received in a cloth of red baize, was put
into the coffin with the body, and conveyed to the Tower in a hearse.
Immense crowds of spectators were on scaffolds on Tower-hill, to behold
the final exit of this extraordinary man ; but some of them paid dear for their
curiosity ; for, before he was brought out of the Tower, one of the scaffolds
broke down ; by which several persons were killed on the spot, and a great
THE REBELS IN 1745. 529
number had their bones broken, and were otherwise terribly bruised ; to the
distress of many families, and the total ruin of others. Lord Lovat was
executed on the 9th of April, 1747.
Charles Ratcliffe, esq. (brother of lord Derwentwater, who suffered
in 1716), having been taken prisoner at Preston, was conducted to London,
where, being tried and convicted, he was imprisoned in Newgate, but re- ^*
ceived repeated reprieves : and it was thought he would have been pardoned
in consideration of his youth. Being lodged in a room called the castle, he
and thirteen other prisoners escaped to the debtors' side of the prison, where
the turnkey let them out, on a supposition that they were visitors to some
of the unfortunate debtors.
Thus at large, Mr. Ratcliffe embarked for France, from whence he went
to Rome, where he obtained a trifling pension from the pretender. After a
residence of some years in Italy, he went to Paris, where he married the
widow of lord Newburgh, by whom he had one son.
Coming to England in 1733, he lived some time in London ; but no
notice was taken of him, though he made no secret of the place of his resi-
dence.
He went again abroad, but returning in 1735, made application for a pardon ;
but though this was refused, he still remained unmolested. Unsuccessful in
this application, he went once more to France, where he lived in a retired
manner till the commencement of the rebellion in 1745, when he embarked at
Calais, bringing his son with him, with a view to have joined the pretender;
but the vessel in which he sailed being taken by the Sheerness man-of-war, '
he was brought to Deal, whence being conveyed to London, he was commit-
ted to the Tower, where he remained till the rebellion was suppressed.
His son, having been born abroad, while his father denied his allegiance,
was not considered as a subject of England, and was therefore exchanged on
the first cartel for French prisoners.
Mr. Ratcliffe was brought up to the court of king's bench, in Michaelmas
term, 1746, and there received sentence of death on the record of his former
conviction in 1716; but on account of the noble family from which he was
descended, he was ordered to be beheaded, instead of being hanged. ,^
A scaffold being erected on little Tower-hill, the 8th of December was or- /
dered for the day of execution ; when the sheriffs, going to the Tower about
eleven o'clock, demanded the body ; on which general Williamson, the
deputy-governor, went to Mr. Ratcliffe's room, where hefound him in a scarlet
coat, faced with black velvet, and trimmed with gold, and a waistcoat laced
with gold. The prisoner received the governor and his attendants politely, %
and after drinking a glass of wine with them, got into a landau, which con-
veyed him to the back gate of the Tower, where the sheriffs received him ;
and he then went into a mourning-coach, being attended by a priest of the
Roman Catholic persuasion.
Near the scaffold was erected a small room hung with black, in which he
was employed about half an hour in private devotion, and then ascended the
scaffold. He had several friends, as well as the priest, to attend him, and '^'
he behaved in a manner remarkably resigned to his fate. After speaking to ^^s^^"
the executioner, he gave him a purse of guineas ; and then kneeled on the
scaffold, and his friends likewise kneeling, he prayed devoutly for a few
minutes; then rising up, he put on a nightcap, threw off his clothes, placed
his head on the block, and suffered the sentence of the law.
On the 23d of June, 1746, at the sessions held at St. Margaret's hill, for
the trial of the rebels, colonel Francis Townley, of the Manchester regiment,
was indicted for the part he had acted in the rebellion. When the pretender
came to Manchester, Townley offered his services ; which being accepted, he
was commissioned to raise a regiment, which he soon completed ; but being
made a prisoner at Carlisle, he was conducted to London.
His counsel insisted that he was not a subject of Great Britain, beinor an
2Y 67 °
530 THE REBELS IN 1745.
officer m the service of the French king; but this the judges observed was a
circumstance against him, as he had quitted his native country, and engaged
in the French service without the consent of his lawful sovereign. Some
other motions being overruled, he was capitally convicted and adjudged to die.
John Barwick, formerly a linen draper of INIanchester, but afterwards a
lieutenant, was the next person tried and convicted.
James Dawson, a native of Lancashire, was genteelly born, and liberally
educated at St. John's college, in Cambridge. After leaving the university
he repaired to Manchester, where the pretender gave him a captain's commis-
sion. Dawson had paid his addresses to a 3'oung lady, to whom he was to
have been married immediately after his enlargement, if the solicitations that
had been made for his pardon had been attended with the desired effect.
The circumstance of his love, and the melancholy that was produced by his
death, is so admirably touched in the following ballad by Shenstone, that
Dawson's story will probably be remembered and regretted when that of the
rest of the rebels will be forgotten.
JEMMY DA\VSOX A BALLAD.
Come listen to my mournful tale,
Ye tender hearts and lovers dear;
Nor will you scorn to heave a sigh,
Nor will you blush to shed a tear
And thou, dear Kitty, peerless maid,
Do thou a pensive ear incline,
For thou canst weep at ev'ry wo,
And pity ev'ry plaint but mine.
Young Dawson was a gallant youth,
A brighter never trod" the plain ;
And well he lov'd one charming maid,
And dearly was he lov'd again.
One tender maid she lov'd him dear,
Of gentle Blood the damsel came,
And faultless was her beauteous form,
And spotless was her virgin fame.
But curse on party's hateful strife.
That led the faithful youth astray,
The day the rebel clans appear'd :
Oh, had he never seen that day !
Their colours and their sash he wore.
And in their fatal dress was found :
v.. And now he must that death endure,
Which gives the brave the keenest wound.
How pale was then his true-love's cheek.
When Jemmy's sentence reach'd her ear !
For never yet did Alpine snows.
So pale, nor yet so chill appear.
g Yet might sweet mercy find a place,
^ ' And bring relief to Jemmy's woes,
0 George ! without a pray'r for thee,
My orisons should never close.
The gracious prince that gives him life,
Would crown a never-dying flame ;
And ev'ry tender babe I bore
Should learn to lisp the giver's name.
THE REBELS IN 1745. 531
But though, dear youth, thou shouldst be dragg'd
To yonder ignominious tree,
Thou shalt not want a faithful friend
To share thy bitter fate with thee.
O then her mourning coach was call'd ;
The sledge mov'd slowly on before ;
Though borne in a triumphal car,
• She had not lov'd her favourite more.
She follow'd him, prepar'd to view
The terrible behests of law :
And the last scene of Jemmy's woes
With calm and steadfast eyes she saw. -/
, "* • Distorted was that blooming face,
Which she had fondly lov'd so long : " - ■ •
And stifled was that tuneful breath, *
Which in her praise had sweetly sung.
And sever'd was that beauteous neck,
Round which her arms had fondly closed ;
And mangled was that beauteous breast,
On whicli her love-sick head repos'd :
And ravish'd was that constant heart, %
She did to ev'ry heart prefer ;
For though it could its king forget,
'Twas true and loyal still to her. •
Amidst those unrelenting flames
She bore this constant heart to see ;
But when 'twas moulder'd into dust,
-. Yet, yet, she cried, I'll follow thee. •,
My death, my death, can only show ,
The pare and lasting love I bore;
Accept, 0 Heav'n ! of woes like ours, . ^ •
And let us, let us, weep no more. »•
The dismal scene was o'er and past, . •
The lover's mournful hearse retir'd ;
The maid drew back her languid head, - : ,,;,.. .•'
And, sighing forth his name, expir'd. " ■"
Though justice ever must prevail,
The tear my Kitty sheds is due ;
For seldom shall we hear a tale
So sad, so tender, and so true.
George Fletcher, who had been a linen-draper at Stratford, near Manches-
ter, was so ambitious of serving the pretender, that he gave his secretary, Mr.
Murray, fifty pounds for a captain's commission.
Thomas Syddall was a barber at Manchester, and had supported a wife
and five children in a creditable way, till the rebel troops arrived at that place.
His father was hanged at Manchester for his concern in the rebellion of 1715,
and his head had remained on the Market-cross till the year 1745, when it
was taken down on tlia arrival of the pretender. Syddall, who was a rigid
Roman Catholic, now vowed revenge against the Protestants, with a view to
accomplish which, he obtained an ensign's commission from the pretender's
secretary. The attachment of this man to the pretender was so extraordinary,
that almost in the last moment of his life, he prayed that his children might
be ready to assert the same cause at the hazard of their lives.
t-«
i •
532 THE KEBELS IN 1745.
Thomas Chadwick was tried immediately after Syddall. He was a tallow-
chandler, but had not long followed business ; for associating with persons
of jacobitical principles, he accepted the commission of lieutenant in the
pretender's service; he was tried and convicted.
Thojias Deacon, the next person tried, was the son of a physician of
eminence. His principles of loyalty being tainted by associating with Jaco-
bites, he became zealous in the cause of the pretender; and his zeal was
rewarded by the commission of lieutenant-colonel in the Manchester regi-
ment.
Andrew Blood, who had been steward to a gentleman in Yorkshire, of
which county he was a native, was descended from a respectable family.
David Morgan, esq. of Monmouthshire, had been sent by his father to
study law in the Temple, and practised a short time as a counsellor; but his
father dying, he went to reside on his estate in the country. Having met
the rebels at Manchester, he advised the pretender to proceed immediately to
London, assuring him that the whole force to oppose him did not exceed three
thousand men.
The pretender having granted Morgan a warrant to search the houses in
jManchester for arms, he did this in the strictest manner, and threatened with
exemplary punishment all those who opposed him. A colonePs commission
was offered him ; but he declined accepting it, proposing rather to give his
advice than his personal assistance. When the rebels marched to Derby he
quitted them ; but, being taken into custody, he was lodged in Chester-castle,
and thence conveyed to London : and conviction following commitment, he
was sentenced to die with his associates. After the sentence of the law was
passed, the convicts declared that they had acted according to the dictates
of their consciences, and would again act the same if they were put to the
trial.
When the keeper informed them that the following day was ordered for
their execution, they expressed their resignation to the will of God, embraced
each other, and took an affectionate leave of their friends. On the following
morning, .Tuly 20, 1740, they breakfasted together, and having conversed till
eleven o'clock, were conveyed from the new jail, Southwark, to Kensington
common, on three sledges. The gibbet was surrounded by a party of the
guards, and a block and a pile of fagots were placed near it. The fagots
were set on fire while the proper officers were removing the malefactors from
the sledges.
After nearly an hour employed in acts of devotion, these unhappy men,
having delivered to the sheriff some papers expressive of their political sen-
timents, underwent the sentence of the law. They had not hung above five
minutes when Townly was cut down, being yet alive, and his "body being
placed on the block, the executioner chopped off his head with a cleaver.
His heart and bowels were then taken out and thrown into the fire ; and the
other parties being separately treated in the same manner, the executioner
cried out, God save king George !
The bodies were quartered and delivered to the keeper of the new jail,
■who buried them ; the heads of some of the parties were sent to Carlisle and
Manchester, where they were exposed ; but those of Townly and Fletcher
were fixed on Temple-bar, where they remained for many years.
Three other persons suffered soon afterwards on the same spot, for the
same offence.
Donald M-Donald joined the pretender soon after he came to Scotland, and
had received a captain's commission. He was ever foremost where danger
presented itself; was greatly distinguished at the battle of Prestonpans, and
joined with lord Nairn in taking possession of Perth ; services that made
him of so much consequence that he was intrusted with the command of two
tliousand men.
.Tames Nicholson having accepted a lieutenant's commission on the arrival
THE REBELS IN 1745, 533
of the rebels at Edinburgh, proceeded with them as far as Derby ; but when
they returned to Carlisle he was taken into custody, and sent with the other
prisoners to London.
Walter Ogilvie went to lord Lewis Gordon, and joined the division of re-
bels under his command.
These unfortunate men suffered at Kennington common, on the 22d of
August, 1746.
The judtres, furnished with a special commission, proceeded to Carlisle, to
try those confined in the castle of that city, the number of whom was no less
than three hundred and seventy. Orders were given that nineteen out of
twenty of these should be transported, and only the twentieth man tried for
his life ; and that the chance of trial should be determined by lot ; but many
of them refused to accept these terms.
Bills of indictment having been found against them, they were informed
that counsel and solicitors would be allowed them without expense; and
were told that the clerk of the peace was commissioned to grant subpoenas
for such witnesses as they thought might be of service to them. This being
done, the judges proceeded to York castle, to try those there confined; and
adjourned the assizes at Carlisle till September.
In the mean time seventy were condemned of those confined at York, the
most remarkable of whom was John Hamilton, esq., who had been appointed
governor of Carlisle, having joined the pretender after the battle of Preston-
pans. On the 1st of November, ten of the convicts were executed at York,
and eleven more on the 8th of the same month; and four were ordered to
suffer on the 15th; but three of these were reprieved.
The judges now returned to Carlisle, and as many of the witnesses on the
behalf of the prisoners had come from Scotland, they refused to be sworn in
the English manner, and at length they were sworn according to the custom
of their own country.
Many of the prisoners pleaded guilty; and among those who stood the
event of a trial, and were convicted, was a non-juring clergyman, named
Cappock, who had preached to the rebels at Carlisle and Manchester.
No less than ninety-one persons received sentence of death at Carlisle,
several of whom were people of fortune, Avho had abandoned their better
prospects in life to take part m this rebellion. Ten of them were hanged
and quartered at Carlisle on the 18th of October, and ten more at Brampton,
in Cumberland, on the 21st of the same month; but many of them were
transported, and several received an unconditional pardon.
Five others of the rebels, who had been tried in Surrey, suffered at Ken-
nington common on the 28tli of the month above-mentioned ; one of whom,
at the place of execution, drank a health to the Pretender.
In consequence of these convictions many estates were forfeited to the
crown ; but king George the second ordered them to be sold, and the whole
produce, above twenty years' purchase, to be given to the orphans of those
who had forfeited them. The rest was employed in establishing schools in
the Highlands.
Dr. Cameron. — In consequence of the rebellion in 1745, an act of attain-
der was passed, in the following year, for the effectual punishment of persons
concerned in the rebellion ; and the life of Dr. Cameron was forfeited to the
rigour of that act.
The brother of this unfortunate man was the chief of the family of their
name in the Highlands, and had obtained the highest degree of reputation by
his zealous and effectual endeavours to civilize the manners of his country-
men.
Dr. Cameron, being intended by his father for the profession of the law,
was sent to Glasgow ; where he continued his studies some years : but,
having an attachment to the practice of physic, he entered the uniyersity of
2y2 ' /'^
534 THE REBELS IN 1745,
Edinburgh ; whence he went to Paris, and then completed his studies at
Leyden, in Holland.
Thoutjh well qualified to have cut a respectable figure in any capital city,
yet he chose to reside for life near his native place ; and having returned to the
Highlands, he married and settled in the small town of Lochaber, where, though
his practice was small, his generous conduct rendered him the delight and
blessing of the neighbourhood. His wife bore him seven children, and was
pregnant of the eighth at the unfortunate period of his death.
While Dr. Cameron was living happy in his domestic circle, the rebellion
broke out, and laid the foundation of the ruin of himself and family. The
Pretender having landed, went to the house of Mr. M'Donald, and sent for
the doctor's brother, who went to him, and did all in his power to dissuade
him from an undertaking from which nothing but ruin could ensue. Mr.
Cameron having previously promised to bring all his clan in aid of the Pre-
tender, the latter upbraided him with an intention of breaking his promise :
which so affected the generous spirit of the Highlander, that he immediately
went and took leave of his wife, and gave orders for his vassals, to the num-
ber of nearly twelve hundred, to have recourse to arms.
He sent for his brother to attend him as a physician : but the doctor urged
every argunrent against so rash an undertaking ; from which he even besought
him on his knees to desist. The brother would not be denied ; and the doc-
tor at length agreed to attend him as a physician, though he absolutely re-
fused to accept any commission in the rebel army.
Dr. Cameron exhibited repeated instances of his humanity; but when the
battle of Culloden gave a decisive stroke to the hopes of the rebels, he and
his brother escaped to the western islands, whence they sailed to France, in
a vessel belonging to that kingdom. The doctor was appointed physician to
a French regiment, of which his brother obtained the command ; but the lat-
ter dying at the end of two years, the doctor became physician to Ogilvie's
regiment, then in Flanders.
A subscription being set on foot, in England and Scotland, in the year
1750, for the relief of those persons who had been attainted, and escaped into
foreign countries, the doctor came into England to receive the money for his
unfortunate fellovz-sufferers. At the end of two j^ears another subscription
was opened ; when the doctor, whose pay was inadequate to the support of
his numerous family, came once more to this country, and having written a
number of urgent letters to his friends, it was rumoured that he had returned.
Hereupon a detachment from lord George Beauclerk's regiment was sent
in search of him, and he was taken in the following manner: captain Graves,
with thirty soldiers, going towards the place where it was j)resumed he was
concealed, saw a little girl at the extremity of a village, who, on their ap-
proach, fled towards another village. She was pursued by a sergeant and
two soldiers, who could only come near enough to observe her whispering to
a boy, who seemed to have been placed for the purpose of conveying intelli-
gence.
Unable to overtake the boy, they presented their guns at him ; on which he
fell on his knees, and begged his life ; which they promised, on condition
that he would show them the place where Dr. Cameron was concealed.
Hereupon tlie boy pointed to the house where he was, which the soldiers
surrounded, and took him prisoner. Being sent to Edinburgh, he was thence
conducted to London, and committed to the Tower.
Being brought to the bar of the court of king's bench on the 17th of May,
he was arraigned on the act of attainder, when, declining to give the court any
farther trouble, he acknowledged that he was the same person who had been
attainted : on which the lord chief-justice Lee pronounced sentence in the
following terms : " You. Archibald Cameron, of Lochiel, in that part of Great
Britain called Scotland, must be removed from hence to his majesty's prison
of the Tower of London, from whence you came, and on Thursday, the seventh
.*v.
ROB ROY MACGREGOR. 535
of June next, your body to be drawn on a sledge to the place of execution ;
there to be hanged, till you are dead ; your bowels to be taken out, your body
quartered, your head cut off, and affixed at the king's disposal ; and the Lord
have mercy on your soul !"
The convict, being brought out of the Tower, was delivered to the sheriffs
at ten in the morning ; and, being placed in a sledge, was drawn through the
streets of London to Tyburn, amidst such an immense number of spectators
as have seldom witnessed so melancholy a scene. He was dressed in a bag
wig, and wore a light-coloured coat, with scarlet waistcoat and breeches.
He bowed to several people in the windows, as he passed ; and there was
equal manliness and composure in his behaviour. He looked round him in a
manner that testified the calmness of his mind ; and said to the clergyman
who attended him, "This is a glorious day to me. It is my new birth-day !
There are more witnesses at this birth than were at my first."
After the body had hung more than half an hour, it was cut down ; and
the remaining part of the sentence being carried into execution, the head and
body were put into a coffin, and carried to an undertaker's, whence they were
conveyed and interred in the chapel of the Savoy. Dr. Cameron was exe-
cuted at Tyburn on the 7th of June, 1753, in the forty-sixth year of his age.
ROB ROY MACGREGOR,
AND OTHEK MACGREGORS. 1700 tO 1746.
Though the natives of the Highlands of Scotland long contemned and re-
sisted the laws of the kingdom, and lived in a state of proud and turbulent
independence, the cruelty and injustice which dictated the proscription of the
clan Macgregor, can only be regarded as a wretched picture of that govern-
ment and that age which could sanction an act of such barbarity.
This clan occupied the romantic wilds, and, at that period, the almost in-
accessible valleys of Balquhiddar, and the Trosachs, comprehending a por-
tion of the counties of Argyll, Perth, Dumbarton, and Stirling, appropriately
denominated the country of the Macgregors. Among those regions, in former
ages, the benefits of agriculture were almost unknown to the inhabitants, who
chiefly lived upon animal food ; but of this they were often deprived by the
rigour of winter, so that the mutual spoliation of cattle became a regular
system, especially during the period of the Michaelmas moon, and in some
parts was essential to their preservation. The Macgregors pursued this plan
in common with other tribes, though not under more aggravating cruelties.
By the merciless decree of fire and sword against the clan Gregor, not
only were this race to be rooted out, but their very name was forbidden.
They were indiscriminately pursued and massacred wherever they were found,
until, by incessant persecution, and subdued by the number of their enemies,
they were ultimately driven to despair, and sought refuge among the moun-
tainous parts of Perth and Argyll, inhabiting the dismal cavities of rocks
and the sombre recesses of forests. Even in this state of misery they were
not allowed to exist. They were discovered in the fastnesses, and the earl
of Argyll, with determined butchery, hunted down the fugitives through
moors and woods till scarcely any other than their children remained alive.
Amidst the calamities of his race arose Robert Macgregor, Celtically named
Roy (red), from his complexion and colour of hair, and as a distinctive appel-
lation among his kindred, a practice which is still followed throughout the
Highlands. He was the second son of Donald Macgregor, of the family of
Glengyle, a lieutenant-colonel in the king's service, by a daughter of Camp-
536 ROB ROY MACGREGOR.
bell of Glenlyon, and consequently a gentleman fronn birth. He received an
education at that time considered liberal, at least suitable to the sphere of
life in which he was to appear. Of strono- natural parts, he acquired tlie
necessary but rude accomplishments of the age; and with a degree of native
hardihood, favoured by a robust and muscular frame, he wielded the broad-
sword with such irresistible dexterity, as ft-w or none of his countrymen
could equal. Yet he was possessed of complacent manners when unruffled
by opposition, but he was daring and resolute when danger appeared; and
he became no less remarkable for his knowledge of human nature than for
the boldness of his achievements.
It was customary in those days, as it is at present, for gentlemen of pro-
perty, as well as their tenantry, to deal in the trade of grazing and selling
of cattle. This business appears to have been carried on by Rob Roy iMac-
gregor to a considerable extent, so that in early life he was not conspicuous
for any dashing exploit. He, accordingly, from the amicable terms upon
which he stood with the duke of Argyll, now his avowed patron, assumed,
by his permission, the name of Campbell, and relinquished that of Macgregor,
though in the country, and among his clan, he was acknowledged by no other.
He was, consequently, in a writ dated in 1703, denominated Robert Camp-
bell of Inversnait, his paternal inheritance.
In his cattle dealings, Rob Roy had a partner in whom he placed unbound-
ed confidence ; but this person having on one occasion been intrusted with a
considerable sum of money, made a sudden elopement, which so shattered
Rob's trading concerns that he was under the necessity of selling his lands
to the duke of Montrose, but conditionally, that they should again revert to
himself, provided he could return to the duke the sum he had promised to
pay for them. Montrose had paid a great part, but not the whole of the
price agreed upon. Some years having elapsed, Rob Roy found his finances
improved, and, wishing to get back his estate, offered to restore the duke the
sum he had advanced ; but upon some equivocal pretence, he would not re-
ceive it, and. from Rob's dissolute character, an adjudication of the lands
was easily obtained, which deprived him of any future claim. Considering
this transaction as unjust on the part of Montrose, and his factor, Graham of
Orchil, Rob watched his opportunity to make reprisal, the only remaining
means in his power, and a future occasion gave him the success he desired.
This factor, when collecting his rents, was attended, as a matter of compli-
ment, by several gentlemen of the vicinity, who dined with him. Among
those who were present at this time.Avas Rob Roy; but before he came he
placed twenty of his men in a wood close by, to wait a fixed signal, and
went himself to the house with his piper playing before him. This was at
the inn of Chapel-Arroch in Aberfoil. The factor had no suspicion of Rob's
purpose, as he laid down his claymore to indicate peace, and partook of
the entertainment, during which his piper played some wild pibrochs, the
boisterous accompaniment which used to give a zest to every Highland
feast.
Rob, in the mean time, observed the factor's motions, and saw that he de-
posited the money in a portmanteau which lay in the room. Dinner was no
sooner over than he ordered his piper to strike up a new tune ; and in a few-
minutes Rob's men surrounded the house; six of them entered with drawn
swords — when Rob, laying hold of his own, desired tiie factor to deliver him
the money which he had collected, and which he said was his due. Resist-
ance was useless; the money was given up, and Rub granted a receipt for it.
But as he conceived that the factor was accessory to the infringement of the
contract that deprived him of his estate, he resolved to punish him. Accord-
ingly he had him conveyed and placed in an island near the west end of
Loch Ketturrin.
In this island was Orchil confined for some weeks ; and, when set at liber-
ty, was admonished by Rob Roy no more to collect the rents of that country.
ROB ROY MACGREGOR. 537
which he meant in future to do himself, maintaining, that as the lands origi-
nally belonged to the Macgregors, who lost them by attainder, such aliena-
tion was an unnatural and illegal deprivation of the right of succeeding
generations; and, from this conviction, he was the constant enemy of the
Grahams, the Murrays, and the Drummonds, who then claimed and still in-
herit those extensive domains.
The most inveterate enemy that Rob Roy had to guard against was the
earl of Athol, who had long harassed his clan, and whose machinations were
even more alarming than the denunciation of the law. Rob had, no doubt,
given cause for this enmity, for he had frequently ravaged the district of
Athol, carried away cattle, and put every man to the sword who attempted
resistance; and all this, he said, was to retaliate the cruelties formerly com-
mitted upon his ancestors. But he had once nearly paid for his temerity.
The earl having sent a party of horse, they unexpectedly came upon him,
and seized him in his own house of Monachaltuarach, situated in Balquhid-
dar. He was placed on horseback to be conveyed to Stirling castle, but in
going down a steep defile he leaped off, ran up a wooded hill, where the
horsemen could not follow, and escaped. Alhol, on another occasion, sent
twenty men from Glenalmond to lay hold of Macgregor. He saw them ap-
proaching, and did not shun them, though he was alone. His uncommon
size and strength, the fierceness of his countenance, and the posture of de-
fence in which he placed himself, intimidated them so much, that they durst
not go near him. He told them that he knew what they wanted, but if they
did not quietly depart, none of them should return.
A debt, to a pretty large amount, which he had long owed to a person in the
Lowlands, could never be recovered, because no one would undertake to exe-
cute diligence against him. At length a messenger at Edinburgh appeared,
who pledged himself that with six men he would go through the whole High-
lands, and would apprehend Rob Roy, or any man of his name. The fellow
was stout and resolute. He was offered a handsome sum if he would bring
Rob Roy Macgregor to the jail of Stirling, and was allowed men of his own
choice. He accordingly equipped himself and his men with swords, sticks,
and every thing fitted for the expedition ; and having arrived at the only pub-
lic house then in Balquhiddar, he inquired the way to Rob's house.
Having announced himself as a stranger who had lost his way, he was po-
litely shown by Rob into a large room. Fear now wholly overcame the messen-
ger, and he could scarcely articulate, when four of Rob's men carried him out
of the house, and they took him to the river just by, and tossed him in, allowing
him to get out the best way he could himself. His companions, in the mean
time, seeing all that happened, and supposing he had been killed, took to
their heels. These people were no sooner out of the hands of the Macgre-
gors than they made a speedy retreat to Stirling, and upon their arrival there
they represented the usage they had received, with exaggerated accounts of
the assassinations and cruelties of the Macgregors, so that the story was re-
ported to the commander of the castle, who ordered a company of soldiers to
march into the Highlands to lay hold of Roy Macgregor. A party of Mac-
gregors who were returnmg with some booty which they had acquired along
the banks of the Forth, descried the military on their way to Callander, and,
suspecting their intention, hastened to acquaint Rob Roy of what they saw.
In a few hours the whole country was warned of the approaching danger, and
guards were placed at different stations to give notice of the movements of the
soldiers. After a fruitless search for many days, the soldiers, unaccustomed
to the fatigue of climbing mountains, and scrambling over rocks, and through
woods, took shelter at night in an empty house, which they furnished with
heath for beds; and the Macgregors, unwilling that they should leave their
country without some lasting remembrance of them, set fire to the house,
which speedily dislodged the soldiers. In the confusion many of them were
538 ROB ROY MACGREGOR,
hurt, a number lost their arms, and one man was killed by the accidental dis-
charge of a musket.
An annual payment ursed to be made to him by Campbell of Abruchil ; but
this proprietor having omitted to pay Rob for some years, he at last went to
his castle with an armed party, to demand the arrears due to him. Having
knocked at the gate, leaving his men at some distance, he desired a conversa-
tion with the laird; but he was told that several great men were at dinner
with him, and that no stranger could be admitted. "Then tell him," said he,
"that Rob Roy Macgregor is at his door, and must see him, if the king should
be dining with him." The porter retnrned, and told Hob that his master
knew nothing of such a person, and desired him to depart. Rob in)mediately
applied to his mouth a large horn that hung by his side, from which there
issued a sound that appalled the castle guard, shook the building to its base,
and astonished Abruchil and his guests, who quickly left the dining table.
In an instant Rob's men were by his side, and he ordered them to drive away
all the cattle they found in the land ; but the laird came hastily to the gate,
apologized for the rudeness of the porter to his good friend Rob Roy Macgre-
gor, took him into the castle, paid him his demand, and they parted good
friends.
On the estate of Perth a clansman of Rob's occupied a farm on a regular
lease; but the factor, Drummond of Blairdrummond, took occasion to break
it, and the tenant was ordered to remove. Rob Roy, hearing the story, went
to Drum.mond castle fo redress this grievance. On his arrival there, early on
a morning, the first he met was Blairdrummond, in front of the house, and
knocking him down, without speaking a word, walked on to the gate. Perth,
who saw this from a window, immediately appeared, and, to soften INIacgre-
gor's asperity, gave him a cordial welcome. He told Perth he wanted no
show of hospitality, he insisted only to get back the tack of which his name-
sake had been deprived, otherwise he would let loose his legions upon his
property. Perth was threatened into compliance, the lease was restored, and
Rob sat down quietly and breakfasted with the earl.
In his depredatory incursions cattle and meal apjiear to have been the
chief articles of his attention. He scarcely raised any grain on his own farms,
and when he, or any of his people, or any poor person, were in want of meal,
he went to a store which Montrose had at Moulin, ordered the quantity he re-
quired, gave the keeper a receipt for it, and made the tenants, with their
horses, carry it to his house or wherever else it was wanted.
The more deliberately to carry on those inroads, he and his men, for he
never had less thau twelve, casually occupied a cave at the base of Ben Lo-
mond, on the banks of the lake. This recess has its entrance near the water's
edge, among huge fragments of rock broken from that stupendous mountain,
and fantastically diversified by the interspersion of brushwood, heath, and
wild plants, matured in the desert luxuriance of solitude.
But Rob, though generally favoured b}^ fortunate incidents, could not al-
ways expect to get otf with impunity; and after having many things in his
own way, he at length pre•^sed so hard on Montrose, that he was constrained
to call out a number of his people, who, headed by a confidential Graham, and
accompanied by some military, were sent for to lay hold of Macgregor. Rob
and his baud chanced to be absent when the Grahams assailed his house ; but
they learned the course he had taken, and by daybreak next morning, arrived
at Crinlarach, a public house in Strathfillan, where our hero and his men had
taken quarters for the night; he in the house, and they in an adjoining barn.
The Grahams did not wait to gain admission to the house, but broke open the
door. Rob was instantly on his feet, and accoutred. He levelled them man
by man as they came to the door, until his own lads, roused by the noise, at-
tacked the Grahams in the rear with such hard knocks that they retreated to
some distance, leaving behind them several of their party sorely wounded ;
ROB ROY MACGREGOR. 539
and Rob, having fortified his men with a glass of whiskey, ascended the hill
towards Glenfallach. The Grahams, expecting to obtain some advantage
over them, followed at a little distance, till Rob's men shot some of the mili-
tary, and drowned one soldier in a mill-dam, when the Grahams thought pro-
per to withdraw.
After this inglorious trial to overcome Macgregor, though with five times
the number of men, Montrose ceased for a while to give him any obstruction,
until Rob, now grown, if possible, more courageous than ever, marie a descent
into the plains, and swept away cattle and every moveable article from the
country round Balfron, and other parts; and this was commonly called the
herriship of Kilrain. This appears to have been the greatest misdemeanour
of which he stood accused, as it attracted the notice of government; and the
western volunteers were marched into the Highlands to curb the insolence of
Rob Roy and his thievish clan, as they were denominated. Several parties
of horse were afterwards dispersed over the country to apprehend Rob, and a
reward offered for his head, which obliged him for some months to take shel-
ter in the woods, and in the cave at the side of Loch Lomond.
Having continued to wander from place to place, somewhat forlorn, though
not broken in spirit, he became solicitous about the safety of his family, and
had them privately removed to a remote situation at the head of Glenfine,
among the mountains of Argyll. Having found this new retreat, though se-
cure and distant, both inconvenient and uncomfortable, and their enemies
having relaxed in their pursuit, they left the bleak hills of Argyll, and again
took up their residence on the soil of their nativity.
Rob having shown no inclination to desist from his practices, Athol re-
solved to correct him in person, as all former attempts to subdue him had
failed, and with this bold intention he set forward to Balquhiddar. A large
portion of that country then belonged to Athol ; and when he arrived there,
he summoned the attendance of his vassals, who very unwillingly accompa-
nied him to Rob's house, as many of them were Macgregors, but dared not
refuse their laird. Rob knew the purpose of their visit, and to escape
seemed impossible ; but with strength of mind and quickness of thought, tie
buckled on his sword, and went out to meet the earl. He saluted him
very graciously, and said, that he was much obliged to his lordship for
having come, unasked, to his mother's funeral, which was a piece of friend-
ship he did not expect ; but Athol replied, that he did not come for that pur-
pose, but to desire his compan)'^ to Perth. A long remonstrance ensued ; but
the earl was inexorable, and Rob, apparently complying, went away amidst
the cries and tears of his sisters and kindred. Their distress roused his soul
to a pitch of irresistible desperation, and breaking from the party, several of
whom he threw down, he drew his sword. Athol, when he saw him retreat,
and his party intimidated by such resolution, drew a holster pistol and fired
at him. Rob fell at the same instant, not by the ball, which never touched
him, but by slipping a foot. One of his sisters, the lady of Glenfallach, a
stout woman, seeing her brother fall, believed he was killed, and making a
furious spring at Athol, seized him by the throat, and brought him from his
horse to the ground. In a few minutes that nobleman would have been
choked, as it defied the bystanders to unfix the lady's grasp, until Rob went
to his relief, when he was in the agonies of suff'ocation. Had they staid till
the clan assembled to the exequies of the old woman, it is doubtful if either
the chief or his companions had ever returned to taste Athol brose.
The progress of the earl of Mar with his army of disaffected Highlanders
greatly alarmed the government, and immediate orders were transm.itted to
Edinburgh to secure such suspected persons as were thought inimical to the
king, and, among others, Rob Roy Macgregor was speciallj'- named. He,
however, conducted himself with some caution on this occasion, and waited
to observe the complexion of matters before he should proceed farther, as his
friend Argyll had espoused the part of king George, a circumstance which
540 KOB ROY MACGREGOR.
greatly distressed him. In a state of considerable indecision he proceeded to
the Lowlands, and hovered about both armies prior to the battle of SherifF-
miiir, without making any declaration or offer to join either ; and upon that
event he remained an inactive spectator.
Though the undecided issue of this trial eventually brought about the dis-
persion of the Highland army, the Macgregors continued together; but un-
willing to return home without some substantial display of conquest, they
marched to Faulkland, and garrisoned the ancient palace of that place ;
where, without much ceremony, they exacted rigorous iines from the king's
friends. Here they remained till Argyll arrived at Perth, when they retired
to their own country with the spoils they had acquired ; but they continued
in arms for several years thereafter, to the no small disturbance of their neigh-
bours, in the pursuit of their usual compulsatory habits.
Those daring practices seem to have been the reason why, in the subse-
quent act of indemnity or free pardon, the Macgregors were excluded from
mercy in these words: " Excepting all persons of the name and clan of iNIacgre-
gor, mentioned in an act of parliament made in Scotland in the first of the late
king Charles I. instituted anent the Clan Macgregor, whatever name he or
they may have, or do assume, or commonly pass under;" and consequently
our hero's name appeared attainted, as " Robert Campbell, alias Macgregor,
commonly called Robert Roy."
In his trade of dealing in cattle Rob Roy often required to travel to different
parts of the Lowlands, and the last time he visited Edinburgh was to recover
a debt due to him by a person who was reputed opulent, but who had taken
refuge in the sanctuary of the Abbey. There Rob went, and saw his man ;
but the sacredness of the place did not protect him ; and, although he was
a strong man, Macgreuor laid hold of him, dragged him across the line of
safety, and, having some officers of the law in waiting, gave over his charge
to them, by which means he got his money. The power which Macgregor
possessed in his arms was very uncommon. It was scarcely possible to
wrench any thing out of his hands, and he was known to seize a deer by the
horns and hold him fast. His arms were long almost to deformity, as when
he stood erect he could touch his knee-pans with his fingers.
With the family of Montrose he had been at enmity for more than thirty
years ; but he considered the hurt they had done him to be an inexpiable
offence, which he never forgave; but the animosity and rivalship which had
existed betwixt Montrose and Argyll was probably a strong incentive to
instigate Rob to that course which he had so long pursued against the former,
as there is much reason to believe that Argyll took Rob by the hand merely
to make him an instrument of opposition to Montrose.
At length, worn out with the laborious vicissitudes of a restless life, he
sunk calmly to his end, at the farm of Inverlocharigbeg, among the braes of
Balquhiddar, in 1740. His remains rest in the church-yard of that parish,
with no other monument to mark his grave than a simple stone, on which
some kindred spirit has carved a sword — the appropriate emblem of the man.
Though the sons of Rob Roy Macgregor had, in the life of their father, too
forcible an example of misguided abilities, and pursued a course of nearly
similar practices, yet we cannot but deplore the fate of two of them, as me-
lancholy instances of that infirm and partial justice which characterized the
party principles of those times. The destiny of the youngest brother was
peculiarly severe, and is well known. He was styled after his father
Rob Roy Macgregor-Og (young), and like him, was intended for a grazier ;
but, by the unlucky discharge of a gun, he killed a cousin of his own, for
which accident, when only a boy of twelve years old, he was outlawed, and
obliged to fiy to France, where he remained till the cominotion of 1745
brought him back to Scotland. He was afterwards accused of some acts of
violence, of which there was no evidence of his having been guilty ; and that
for which he suffered an ignominious death, was an additional proof of that
ROB ROY MACGREGOR. 541
rancorous spirit with which the Macgregors were still regarded. This man
was arraigned for having carried away, by force, a young widow, who had
voluntarily eloped with him, and became his wife ; and though she declared
this to be true, he was taken, at a market in his own country, by a party of
soldiers from Inversnaid, carried to Edinburgh, where he was condemned and
executed on the 6th of February, 1751, three years after his wife's death.
His brother, James Macgregor, who occasionally took the name of James
Drummond, was implicated for the part he was supposed to have taken in
that enterprise, which drew down upon him also the strong arm of the law,
and he was taken up and put in confinement in the castle of Edinburgh.
Previous to this affair James evinced the military ardour of his clan, and,
along with his cousin, Macgregor of Glengyle, in 1745, took the fort of
Inversnaid and made eighty-nine prisoners, with only twelve men. He
then joined prince Charles Stuart, as major, at the head of six companies of
Macgregors, in the fruitless contest which that young man had instituted for
the recovery of the British throne. James Macgregor had his thigh-bone
broken in the battle of Prestonpans ; and though he could not accompany the
prince on his ill-concerted march into England, James again joined him in
the concluding battle of CuUoden, and with many more of his partisans,
came under the consequent act of attainder.
He was a prisoner in Edinburgh castle, and his daughter effected his es-
cape ; she had access to see him as often as she pleased, and having pre-
viously concerted the plan, in the dress and character of a cobbler, carrying in
her hand a pair of mended shoes. Her father immediately put on the dis-
guise ; and having held some angry conversation with the supposed cobbler
for making an overcharge, so as to deceive the sentinel, he hastily passed
him undiscovered, and got clear of the outer gate, and reached Paris, where
he lived till 1754.
The only other branch of that name which we can at present notice, was
Gregor Macgregor, of Glengyle, known by the appellation of Ghlune Dhu,
from a black mark on one of his knees. He was the nephew of Rob Roy;
and had he lived as long, would have probably become no less eminent, as he
followed the steps of his uncle, whom he wished to emulate, having often
been his companion upon expeditions of danger. But his uncle having been
wounded in an attack upon a party of military who opposed his carrying off
some cattle from the vicinity of Dunbarton, Gregor was deputed to take the
command.
He made an irruption to Drymen, and summoned the attendance of the
surrounding lairds and tenants to the church of that place, to pay him their
black mail. They all complied but one, whose cattle he drove away. The
next of Gregor's exploits was that of taking the fort of Inversnaid, in 1745,
with his cousin James and twelve men. In the fort they only found nine
soldiers, the rest of the garrison having been out working at the roads; but
they also secured them in the name of prince Charles Stuart, and marched
them, eighty-nine in number, as prisoners to the castle of Doune.
During the strict scrutiny and rigorous punishment which followed the
unhappy commotion of 1745 and 1746, Gregor, like many others, was forced
to forsake his home, and take refuge among the woods and mountains of the
Highlands. He was once observed lurking in the wilds of Glenlednick, and
pursued across the hills to Loch Tay by a party of Campbells, one of whom,
and his dog, he shot; and judging it unsafe to remain so near his own coun-
try, he and his only attendant, a clansman, travelled towards the braes of
Athol, where they hoped to conceal themselves unmolested. Having tra-
versed those wild and inhospitable regions for some days, they arrived at the
lonely hut of a shepherd, immersed in a deep glen. Reports, however,
reached the ears of the duke of Athol, that two men, one of them with a
black mark on his knee, were concealed in this cottage ; and he found means
to bribe the hind, so that his lodgers might be secured by stratagem.
2 Z
512 ALEXIS PETROWITZ CZAROWITZ,
It chanced that Macgreg-or and his lad had one day gone to kill a deer in
the neighbouring forest. The day rained so much that they were quite wet
on their return. INIacgregor sat down by the fire to dry himself; and as his
hair was very long and wet, the landlady offered to comb and dry it. While
in the act of doing so, she twisted her hand in it, and pulled him suddenly
down upon his back to the ground. The concealed assassins and the shep-
herd immediately rushed upon him. He called to his companion; their
strength was Herculean ; and in a few minutes their assailants were all either
dead or maimed. The treacherous woman, with the resolution of a fiend,
having opposed their departure from her house with a drawn dagger, was
seized and hanged to a joist. Gregor and his servant were both severely
wounded; and having quitted this field of blood, they returned to Glengyle;
but from the fatigue he had undergone, and the wounds he had received, Mac-
gregor lived only two days after his arrival.
ALEXIS PETROWITZ CZAROWITZ,
PRESUMPTIVE HEIR TO THE CROWN OF RUSSIA, CONDEMNED TO DEATH BY
HIS FATHER.
This prince, the son of Peter the Great, by his first wife, was naturally
prone to voluptuousness and debauchery, in love with a dissolute and licen-
tious life. Tills temper of mind rendered him insupportable to a father, who
was himself all spirit and action, distinguished by military virtues, and who
wished above all things, to bequeath the crown to a worthy heir. As soon as
the czarowitz arrived at the years of reason, he was continually exhorting him
to inform himself in the art of government ; and when he saw that his re-
monstrances had no effect, he sent him a letter.
In this letter the czar displayed all the sublime sentiments of his heart,
and a passionate desire to leave a son to succeed him, who should perpetuate
his name and glory to future ages.
THE CZAROWITZ'S ANSWER.
'■'■ Most gracious sovereign and father, — I have read the letter which your
nrajesty sent me on the 27th of October, 1715, after the interment of my
spouse.
" All the reply I would make to it is this, that if your majesty be resolved
to deprive me of the succession to the crown of Russia, on account of my
inability, your will be done : I even request it of you very earnestly, be-
cause I judge not myself fit for government. My memory is greatly impair-
ed, and without memory there is no possibility of managing affairs. The
powers both of my mind and body are much weakened by the diseases to
which I have been incident, and thereby I am incapacitated for the rule of
so great a people : such a charge requires a man far more vigorous than
I am.
" For these reasons I am not ambitious to succeed you (whom God pre-
serve through a length of years) in the crown of Russia, even though I had
no brother, as I have one at present, whom I pray God to preserve. As little
will I for the future set up any claim to the succession ; to the truth of which
I solemnly swear, and take God to be my witness. In testimony whereof I
write and sign these presents.
" I put my children into your hands ; and for myself I ask no more of you
but a bare maintenance during my life, leaving the whole to your pleasure.
CONDEMNED BY HIS FATHER. 543
The sagacious monarch, who saw through the disguise into his son's heart,
was not to be so imposed upon by him : he sent him this writing, which he
intituled his last admonition.
" My sickness has hindered me, till now, from answering yours, and ex-
plaining to you my final intention. You speak only of the succession, as if
I needed your consent in the disposal thereof; I reproached you with the
aversion you had to business, and signified to you, that I was highly dissa-
tisfied with your conduct in general : as to these particulars you have given
me no answer. Your silence is a declaration that you have ho mind to re-
form : my paternal exhortations make no impression upon you ; wherefore I
was determined to write to you this once for the last time. If you despise
the advices I give you while I am alive, what regard will you pay to them
after my death? What dependence can there be upon your oaths, when
your heart appears so hardened 1 David has said, every man is a liar ; but
though you had the inclination at present to be true to your promises, a cor-
rupt priesthood will be able to turn you at pleasure, and force you to falsify
them.
" As they see themselves deprived at present of the places of honour,
whereof they have rendered themselves unworthy, by their lewdness and
dissolute morals, they have no dependence but upon you ; and the warm side
which you show to them already, makes them hope that you will one day
alter their condition for the better.
" Have you ever weighed the obligations which you owe to me as your
father, who have given you your being, and neglected nothing for your edu-
cation'? Did you share with him the pains and anxieties he endured for you
since you arrived at the age of maturity? You censure, you condemn, my
most laudable actions, the sole aim whereof is the good of my people, and
which I undertake at the expense of my health ; whence I have ground to
conclude, that, instead of watching for their preservation, you will be their
destroyer, if you survive me. This calamity it is my duty to prevent, by
obliging you to form other sentiments. I cannot bear that you should live
like an amphibious creature, that is neither flesh nor fish ; for I cannot other-
wise define that kind of life you lead. Take your choice ; either labour to
make yourself worthy of the crown, or embrace a monastic state. My health
is upon the decay, so that I am impatient to know your resolution. I expect
your answer either by writing or word of mouth. If you show me no satis-
faction in these points, I will show you no regard, but will treat you as a
malefactor. PETER."
But the prince was far from answering his father's design ; he wrote to
him as follows :
^^ Most gracious sovereign and father, — Yesterday morning I received your
letter of the 19th of this month. My indisposition hinders me from writing
to you at large : I am willing to embrace the monastic state, and I beg your
gracious consent thereto. Your servant, ALEXfS."
The czar at that time had resolved to travel through Europe, there to ac-
quire such improvements in knowledge as might qualify him for civilizing
the manners of his people, and introducing arts and sciences into his empire.
Before his departure, he went to the prince, whom he found in bed, and
asked him again, what resolution he had taken; and the czarowitz confirmed
to him, by horrid oaths, his former declaration, that he would retire into a
monastery.
The czar, however, was resolved to oblige his son, whatever it should
cost, to choose one of the two proposals he had put in his offer : he had
waited hitherto in regard to the princess of the crown, his spouse ; but that
541 ALEXIS PETEOWITZ CZAROWITZ,
princess being- dead, he had no further obstacle in his way. The czarowitz,
Avho saw that he could no longer dally with a father so firm and resolute, and
by no means to be put upon, determined to make an elopement : he made as
if he was going to Copenhagen ; but he \^■as hardly got into Livonia, when
he changed his route, and took that for Vienna, to put his destiny into the
hands of the emperor Charles VL his brother-in-law. In order to conceal
from the czar the place of his retreat, he wrote him a feigned letter from
Libau, dating- it from Koningsberg, and signifying therein that he persisted
in the same sentiments he had expressed to him before.
The czar had arrived at Amsterdam, when he heard of his son's elope-
ment. He was solicitous about nothing so much, as to find out means to
bring him back. On his departure from Paris, he heard he was in Naples :
as soon as he was arrived at Spau, he despatched his privy counsellor, Tol-
stoy, and Romansoff, captain of the guard, who repaired speedily to Naples,
with an order, accompanied by the following letter, to solicit the czarowitz
to return to Russia, and throw himself upon the mercy of his father.
'■'■ My f,o7i, — Your disobedience, and the contempt you have shown of my
orders, are known to all the world. Neitlier my reproofs nor corrections
have had any effect to make you follow my instructions; and at length, after
you had put a cheat upon me at parting with you, and trampled on the oaths
}'ou had taken, you have carried your disobedience to extremity^ by flying the
kingdom, and putting yourself, like a traitor, under a foreign protection ; a
conduct hitherto unprecedented, not only in our family, but also among all
our subjects of any consideration. What perplexity and disquietude have
you thereby given to your father, and what infamy have you entailed upon your
country? 1 write you for the last time, to tell you, that you are to do what
Tolstoy and Romansoff shall signify to you in my name. vSuch is my pleasure.
" If you have any uneasy^ apprehensions of me, I assure you by these pre-
sents, and promise before God, as I shall answer at his bar, that I will not
punish you; and that if you submit yourself to my will, and return to your
duty, I will love you more than ever : but if you do not, I, as a father, by
virtue of the power which I have derived from God, give you my eternal
malediction, for the contempt and outrageous indignities you have poured
upon me in that relation ; and, as your sovereign, I assure you that I will find
a way to treat you as an unworthy subject; wherein I hope God will assist
me, and take my just defence into his hand.
" For what remains, remember that I have oflfered no violence to you in any
thing. Needed I to have given you the free choice of the measures you were
to take ■? Had I been disposed to compel you, was not the power to do it at
hand ? It was but giving the command, and I had been obeyed.
''From Spau, IGth of July, 1717. (Signed) PETER."
Accordingly the prince set out with those two lords, by whom he was con-
ducted to Moscow, where the czar was, and whither he arrived on the 11th
of February. That very evening he waited on his czarish majesty, with
whom he had a long conference ; and the next day a great council was held :
on the 14th, by break of day, the guards and all the garrison of Moscow ap-
peared in arms, and surrounded the castle. At the same time an order was
issued to all his majesty's ministers, to the boyards and counsellors to repair
to the great hall of the castle, and to the prelates to assemble in the cathedral,
at the toll of the great bell. The czarowitz was conducted without a sword
before his majesty ; to whom, in presence of all the grandees of the empire,
he presented a writing, containing a confession of his crime ; and, all in tears,
threw himself at the czar's feet. The monarch delivered this writing into
the hands of baron Schafiroff, the vice-chancellor, and raising up his son asked
him what was his request. The prince replied that he implored his mercy to
save his life. The czar granted his request; hut told him, at the same time,
ii
CONDEMNED BY HIS FATHER. 545
that, as he had cut himself off from all hopes of the succession to the crown,
he ought solemnly to renounce the same : to which he answered, that he was
ready to conform himself to the czar's pleasure.
His majesty having put some questions to him, with regard to his dis-
obedience, asked him, among others, who had advised him to make his elope-
ment ; upon which the prince having whispered the czar in the ear, they botli
retired into a chamber adjoining, where, we are told, he named the persons
who had spirited him up to that design. Presently three couriers were de-
spatched to difterent places. The czar and the prince having returned into
hall, the latter signed a deed, whereby he declared himself incapable to govern,
and renounced all right to the crown. Hereupon was read aloud the czar's
manifesto, containing at large the reasojis which determined him to exclude
his eldest son from the succession to the crown. After which, all the minis-
ters, boyards, officers, and grandees who were present, signed the form of an
oath, and confirmed it upon the holy gospel, as follows : — That, whereas the
czar had, by his letters patent, declared the czarowitz Alexis Peirowitz ex-
cluded from the crown, and established his second son Peter Petrowitz his
heir, they submitted to the justice of his majesty's decree, acknowledging
prince Peter Petrowitz lawful heir to the crown; bound themselves to sup-
port him with the hazard of their lives against all who should dare to
oppose him, and under no pretext whatsoever to espouse the cause of Alexis
Petrowitz, nor by any means abet him in pretending to the crown.
The writing which the czarowitz delivered into the hand of his majesty
contained his act of renunciation, in these terms: —
" I, the undernamed, declare upon the holy gospel, that upon account of
the crime I have committed against his czarish majesty, my father and sove-
reign, as set forth in this manifesto, I am, through my own fault, excluded
from succession to the throne of Russia ; therefore, I own and acknowledge
that exclusion to be just, as having merited it by my own fault and unworthi-
ness ; and I hereby oblige myself, and swear in presence of Almighty God,
in unity of nature, and trinity of persons, as my Supreme Judge, to submit in
all things to this paternal will, never to set up a claim to the succession,
never to' pretend to it, or accept of it under any pretext whatsoever ; ac-
knowledffincr for lawful successor to the crown, my brother, the czarowitz
Peter Petrowitz. In testimony whereof I kiss the holy cross, and sign these
presents with my own hand. (Signed) ALEXIS."
The czar, however, thought he might dispose of his crown, and deprive
his son of the right to succeed to it; and, as he foresaw that after his death
the czarowitz might make a jest of his renunciation, he judged it necessary
to bring him to a trial, in order to condemn him to capital punishment : and
as his hands were tied up by the pardon he had promised him, he used pre-
texts to evade that promise; in which conduct he appears to have been in-
fluenced not so much by hatred to his son, as by jealousy for his personal
glory, and that of his empire, and by love to his people ; he foresaw that the
czarowitz would be so far from treading in his steps, that by his mal-ad-
ministration he would plunge his dominions into an abyss of misery.
The way by which he eluded the promise of pardon he had given the
czarowitz was thus : — He declared to him it was his pleasure that he should
reveal all the particular circumstances of his elopement, who were his coun-
sellors, and whatever else had a relation to that event ; assuring him, that if
he spoke the truth without reserve or disguise, he would grant him his par-
don : but if he did not discover all, and his accomplices too, if he concealed
any thing that had any relation to his flight, the pardon should be null, and
have no effect.
In consequence of this express mandate, the ministers, senate, and estates,
who were reo-ularly convened, proceeded to interrogate the czarowitz.
2\ 2 69
54G ALEXIS PETROWITZ CZAROWITZ.
This unfortunate prince wafc in such confusion, that, both in his answers
and the writings he gave in of his own proper motion, he contributed effec-
tually to his own undoing. All the depositions and papers relating to the
cause were read, in presence of the senate and states assembled ; after which
they gave orders to search the Scriptures of the Old and New Testament,
the constitutions of the empire, and the military laws, for pertinent authorities,
that might be applied to the present case, in order to judge what pains and
penalties his transgressions had deserved.
►Several extracts from the laws, divine, civil, and military, having been
read, it was unanimously resolved, that before pronouncing sentence, the
ministers and senate should call the ordinary judges one after another, in
order to hear each of their opinions.
This being done, the ministers in like manner delivered their suffrages,
which, though given apart, unanimously centered in one and the same de-
cision : having declared upon oath and conscience, that according to the
above extracts of laws, divine, civil, and military, the czarowitz deserved death,
for the crimes alleged and proved above.
The czarowitz, in his examination, accused his confessor, the arch-priest
James. He said, that having confessed to him, among other things, that he
wished his father's death, the confessor answered, God will forgive you : we
wish that event as much as you.
On the same day, the confessor owned both upon the rack, and when he
was confronted, that the czarowitz Alexis had said these very words at con-
fessing: that he wished for the death of his father; and that he replied to
the czarowitz, We all in like manner wish for his death : but that he did not
remember who those were that wished it. He added, that he did indeed say
to the czarowitz, that the people loved him, and drank to his health, naming him
the hope of Russia, having heard so from several persons, but could not
recollect who the persons were. This ecclesiastic was condemned to death,
degraded, and executed.
The czar proposed several articles on which he desired that his son might
be interrogated, and omitted nothing that might set his crimes in the strongest
light. The unfortunate prince was entangled in his own words, by saying
more than he intended to say.
Atlength the f^ital sentence was passed, the tenorwhereof was as follows :— -
"The undersigned, constituted judges by his czarish majesty, and assem-
bled in the great hall to give judgment; after having heard and maturely
considered all that has been said, read, and reported, have with unanimous
consent pronounced and passed the following sentence, signed and sealed
with our own hands.
"Thus, since the laws divine and ecclesiastic, civil and military, particu-
larly the two last, condemn to death without mercy, not only those whose
attempts against their father and sovereign have been proved by testimonies
or writings; but even such as have been convicted of an intention to rebel,
and of having formed a bare design to kill their sovereign, or usurp the em-
pire; what shall we think of a design of rebellion, such as there are few
examples to be met with in history, joined to that of a horrid parricide against
him who is his father in a double capacity, first as the father of his country,
and then as his natural parent, a father of great lenity and indulgence, who
brought up the czarowitz from the cradle with more than paternal care, with
a tenderness which appeared on all occasions, who endeavoured to form him
for government, and to instruct him, with incredible pains, and indefatigable
application, in the art military, to qualify him for the succession to so great
an empire ; with how much stronger reason does such a design deserve to be
punished with death "?
" It is with an afflicted heart, and eyes full of tears, that we, as servants
and subjects, pronounce this sentence ; considering, as we have said, that it
belongs not to us in this quality to give judgment in a case of such import-
»e
.1^ JOSEPH KUNTON. 547
ance, and particularly to pronounce a sentence against the son of our most
sovereign and gracious lord the czar. Nevertheless, it being his pleasure
that we give judgment, we declare by these presents our real opinion ; and
we pronounce this sentence of condemnation with so pure and Christian a
conscience, that we hope we shall be able to answer for it before the awful,
the just, and impartial judgment of the great God.
" For what remains, we submit this sentence which we now pass to the
sovereign power, the will, and merciful revisal of his czarish majesty, our
most merciful sovereign."
This sentence was signed by all the members of the court, to the number
of a hundred and eighty, ministers, senators, generals, and other officers.
The czar ordered the sentence of death to be read to the czarowitz. The
very hearing of it affected him to such a degree, that it made a sudden revolu-
tion in his whole frame, disordered his senses, and threw him into a convul-
sive lethargy. By using proper means to recall his senses, he was brought
to himself a little. Intimations were given him that he might expect every
thing from his father's clemency ; but whether it was that the severity of the
czar had made too strong impressions upon him to leave room for that hope,
or that the disorder which the reading of the sentence occasioned in his facul-
ties, was too great to be repaired, or that, as is highly probable, they had
given him poison, his recovery could not be effected. He had just strength
enough to ask pardon of the czar his father, in presence of several bishops,
senators, and grandees of the realm.
The czar insisted upon the czarowitz reading the sentence himself. He
was obliged to obey his father, and had hardly read it, when certain fumes
mounted up into his brain, whereby he lost the use of his sight, and fell into
a swoon, out of which he scarcely recovered ; all this, he said, was the effect
of poison, wherewith the sentence was infected ; which had such a powerful
effect upon him, that he died in three days afterwards, on the sixth of July,
after having received the sacraments of the church.
The czar was not backward in performing to him the last offices of human-
ity with due pomp and solemnity. He ordered his body to be placed, from
the eighth of July to the tenth, in the Trinity church, in an open coffin, richly
ornamented with velvet. All had access to see him, and the people came in
crowds to kiss his hand ; at length the corpse was carried in procession to
the new church of the citadel, where he was interred in the imperial tomb, by
the princess his wife, with all the pomp and ceremonies observed towards the
princes and princesses of the blood ; their majesties having attended the fu-
neral with all the court, and the principal nobility of the kingdom.
JOSEPH HUNTON,
FOR FORGERY, OCTOBER 28, 1828.
Joseph Hunton, draper, aged fifty-eight, a very respectable member of the
society of Friends, was indicted for forging and uttering as true, a certain
bill of exchange for forty-eight pounds ten shillings, with intent to defraud
sir William Curtis, baronet, and others. The prisoner was also indicted for
uttering a bill of exchange with a forged acceptance, for one hundred and
sixty-two pounds nine shillings, with intent to defraud sir William Curtis,
and others. He was further indicted for uttering a bill of exchange with a
forged acceptance for fifty pounds, with intent to defraud sir William Curtis,
and others. There were several other indictments against him of a similar
nature, to all of which, on being arraigned, he pleaded " not guilty."
54S JOSEPH HUNTON,
The court was crowded to excess; several members of the society of
Friends were present. After the jury had been sworn, the prisoner applied
to have liis trial delayed till the next sessions ; and when he was told that
the application came too late, his counsel, at his request, threw up their briefs.
The following evidence was led : —
TJ'J/iai)i Curtis, Esq. — I am a partner in the house of sir William Curtis
and Co. I knew the house of John Dixon and Co. The prisoner is a part-
ner in that house; they carried on business in Ironmonger-lane ; and kept
an account at our house. I was in the habit of discounting bills of exchange
for the prisoner. On the 1st of August, he came to our house with several
bills, and requested them to be discounted. The bill now produced is one
of them. I hesitated, and had a conversation with him on the subject, and
requested him to explain the nature of the various bills, as they were drawn
on persons of whom I had no knowledge. He replied, they were drawn on
persons with whom they did business. I remember asking him, who Moun-
tain, the acceptor of the bill named in the indictment, was. He said he was
a person with whom his house had extensive dealings. The witness here
described the manner in which the banking-house transacted business
respecting discounting bills.
Mr. Blackett, a clerk in the house of sir William Curtis and company.
On the first of August there is an entry in our discount-book of a bill for one
hundred and sixty-two pounds ten shillings cashed for the house of John
Dixon and company, of which the prisoner is a partner. I presented that bill
at the bankers' where it was made payable ; they refused payment, and in-
formed me it was a forgery.
Alexander Chuney, another clerk in the banking-house of Messrs. Curtis
and company, detailed the manner in which the bill was entered in their
books.
Jolm B'lxon. — I am partner with the prisoner; he drew all the bills; the
writing in the body of the bill produced is in the prisoner's handwriting. I
am not aware that we have any customer of the name of Mountain living at
Eury St. Edmund's, whose acceptance it purports to bear.
William James. — I am ledger-clerk at the banking-house of Messrs. Lees
and company, bankers, where the bill is made payable; there is no person
of the name of Mountain who keeps an account at our house.
Mr. Henry Mountain. — I live at Bury St. Edmund's; about nine months
since, I was in the prisoner's employment; he was at that time carrying on
business as a draper at Bury; I was an apprentice; there is no other Henry
Mountain in that place besides myself, and I have never had any dealings
with the prisoner on my own account, nor at any time owed him any money;
the acceptance of the bill now produced is not in my handwriting, or by my
authority.
Joseph Warren. — I am a draper at Bury St. Edmund's, and know the hand-
writing of Henry Mountain ; the acceptance to this bill is not in his hand-
writing.
J, W. Rubarts, Esq. — I am a partner in the house of sir William Curtis
and company. Prisoner had applied to me on several occasions to discount
bills. At one time I refused to comply with his request. A few days subse-
quently I received a letter from him, stating, that, in consequence of our
house having refused to discount, and finding his affairs in an embarrassed
state, he had determined on absenting himself for a short time.
The letter was here put in and read.
Edivard Hurst examined. — In consequence of some information which I had
received, I went, in company with a person named Forrester, to St. Helen's.
We there went on board a ship bound for America. I found the prisoner in
the cabin, and asked him, if his name was not Wilkinson, as I had a letter
for him ] He said it was. I then told him that I was a police-officer, and
had a warrant against him on a charge of forgery. Prisoner was at the time
i- - -- -.V
■^ FOR FORGERY. 549
in the act of writing. There were several letters lying before him. I asked
him if they were his 1 He replied that they were. I then took them from
him, and put a mark upon them. The letter now produced is one of that
number.
The letter was here put in and read : it was addressed to the editor of the
Times newspaper, and purported to be written by a third person. It stated
that the reports in circulation respecting the prisoner having absconded were
unfounded.
This was the case for the prosecution.
The prisoner, on being called on for his defence, read the paper which he
had previously handed up to the judge: it was to the following purport: —
" 1 beg most respectfully to state, that I am not ready to take my trial, and I
think I stated on Friday sufficient grounds to warrant the ordering it to be
postponed, but the learned judges thought otherwise, and decided against the
application. Their motives for so doing I do not impugn ; they were, no
doubt, guided by strict impartiality, and an equal love of Justice, and on
technical grounds they were perfectly right ; but for the reasons I then stated,
I have no means of defence ; I have no access to my papers ; but if my trial
had been postponed till next sessions, I should have been fully prepared :
however, that not being allowed, I shall not do myself or my cause the in-
justice of attempting a defence. I refrained from cross-examining any of the
witnesses my persecutors have brought forward against me ; nay, I even re-
quested the learned counsel, whom I had retained on my behalf, to take no
part in the proceedings; for, as my slight request was refused, I determined
to let my persecutors have their own way, and quietly to submit to their ma-
lice, and the awful consequences that may attend it."
Mr. Justice Park recapitulated the evidence at great length. His lordship
called the attention of the jury to the letter, which was proved to be written
by the prisoner to the editor of the Times, and which staled that the prisoner
had not fourteen children, but only ten, and that the amount of the forgeries
which he had committed was not fourteen thousand pounds, as represented,
but five thousand pounds, which would have been repaid, if the bankers had
not refused to discount.
The jury consulted for a short time, and then returned a verdict of Guilty,
but recommended him to mercy. The judge then intimated to the prisoner,
that the prosecutors thought it proper to proceed against him on another in-
dictment, which would be tried that day week, the fourth of November.
Joseph Hunton, the Quaker, was again put to the bar, charged with having
feloniously forged the acceptance to a certain bill of exchange for ninety-four
pounds thirteen shillings, dated the 23d of August, 1828, purporting to be
drawn upon John Dixon, and accepted by Richard Luck, with a view to de-
fraud sir William Curtis and company.
The second count charged, that he had uttered a like bill of exchange, well
knowing it to be forged, with a view to defraud the same parties.
There were other counts in which it was alleged that the bill had been
uttered with a view to defraud John Dixon and Richard Luck. The evidence
was of precisely the same nature with that given upon the first trial ; the
acceptance being proved not to be in the handwriting of Mr. Luck, and to be
in the handwriting of the prisoner. In his defence, the prisoner called Mr.
Robarts, a partner of the banking-house which had discounted the bill, and
examined him to the following effect.
Prisoner. — Was this bill discounted by the house of sir William Curtis and
company, on account of the knowledge and opinion that it had of the acceptor,
or on account of the knowledge and opinion that it had of myself]
Mr. Robarts. — This bill was not discounted by me on account of any know-
ledge I had of the acceptor; but purely upon the ground of the previous as-
surance of the prisoner that it was a bona file transaction of business.
550 JOSEPH HUNTON,
Prisoner. — Was there not at the time in the possession of sir William Cur-
tis and company, a deed of assignment placed there by John Dixon and com-
pany as a collateral security for any bills that might be discounted 1
Mr. Eohurts. — There is in our possession a deed of assignment purporting
to be a collateral security to us for any bills or advances we might make to
the house of John Dixon and company.
The prisoner then addressed himself to the jury to the following effect: —
" Geutlenten, — I stand before you in a situation, which renders any strug-
gle or endeavour on my part to obtain an acquittal vain. When I was brought
up on my former trial, 1 applied to the court to have it postponed, in order
that I might have the opportunity of examining my books and accounts, and
by that means be enabled to shape the form of my defence. That request, it
appeared, could not be granted, and the trial proceeded. The natural conse-
quences followed ; a case was established against me, I was unprepared with
a defence, and was consequently convicted. I beg leave, however, to ac-
knowledge my best thanks to the learned judge who presided on that occa-
sion, for the very humane and impartial manner in which he put my case to
the jury. It is true, that since my last trial, I have been offered the oppor-
tunity of using my books as 1 then requested, but it is now too late to be of
anjr service to me. If that offer had been made before my conviction, I
should have been able to have made an available defence; but, as I before
said, it is now too late — I am already convicted. Any proof, therefore, that
I might bring would be of no avail. The ofier of the use of my books now,
or of producing evidence, now that I have been found guilty, is in fact the
same as to say to a man who has on a strait waistcoat, be free. Under these
circumstances, I consider any defence that I might offer would be perfectly
useless. I have now no money of my own. 1 took no money of any of my
creditors when 1 endeavoured to escape from this land. The little that I had
about me was advanced by my friends, and that was taken from me upon my
apprehension. I was once in better circumstances, but since my bankruptcy
I have had no supply which would enable me to enter into the expense of a
defence aided by counsel. My friends, it is true, would have come forward
for me now, as they did on the former occasion, had I not positively denied
to give my consent to what I considered would be a wasteful expenditure of
money. I have therefore no counsel, and can only throw myself upon the
merciful consideration of the court and of the jury, reminding them that a
wife and ten children are dependent upon my exertions for their existence."
The jury, after a short deliberation, said, they believed the prisoner to be
guilty of uttering the bill with a knowledge of its having been forged, but
they were not unanimous in the opinion that it had been uttered with a view
to defraud.
3Ir. Justice Park. — I cannot take such a verdict, gentlemen ; you must say
whether you believe him to be guilty or not guilty of the general charge.
The jury again consulted for a short time, and then returned a verdict of
Guil/i/, but begged to recoiumend the prisoner to mercy.
Mr. Justice 'Furl;. — Upon what ground, gentlemen"?
Foreman. — Upon the ground my lord, that a collateral security had been
placed by him in the hands of sir William Curtis and company.
Mr. Justice PurJi. — If by that, gentlemen, you mean to acquit the prisoner
of an intention of fraud, 1 cannot receive the verdict. I must tell you that
the circumstance of there being a collateral security for bills or cash advanced
in the regular way of business, and in bunufde transactions, is not sufficient
to acquit the prisoner of fraud ; for, if he uttered the bill in question with a
knowledge of its being a forgery, he must have done it with a view to defraud
some one or another.
Some of the jury appeared anxious to argue the point with his lordship,
but he cut them short by saying that it did not become the dignity of the
bench to be reasoned with in such a maimer. If the jury had any difficult
FOR FOKGERY. 551
point in which his assistance was necessary, he should consider himself
bound to give it. He had already made them acquainted with the law of the
case. The facts were entirely for their consideration, and it was their duty
to pronounce such a verdict as their consciences should direct.
The jury, after deliberating for a few minutes, returned a verdict of guilty
upon the second count generally ; but again strongly recommended him to
laercy, not only upon the ground of the security before alluded to, but also
upon that of his having a wite and large family dependent upon him.
There were three other indictments against the prisoner, but the prosecutors,
now declined to proceed on them.
Hunton being asked by the recorder, in the usual form, if he had any
thing to say why sentence of death should not be pronounced, delivered, in
reply, the following address : —
" I have but little to add to what I have already said in this court, except
that, in all my transactions with my prosecutors, the idea of fraud or of in-
jury to them never once entered into my mind ; on the contrary, they know
that I have endeavoured successfully to promote their interests, though at the
expense of my own ; and though I am convicted of having violated the law,
yet, having given ample security to my prosecutors for the performance of
my engagements with them, I hope I may be permitted to express that I am
not conscious of any moral or wilful guilt with respect to them. I have lived
more than half a century with a character hitherto of unimpeached integrity,
of which ample testimonials can be produced. I have endeavoured conscien-
tiously to discharge the duties which I owe to society, and have maintained
and educated a numerous family, still under my care, with credit and reputa-
tion. 1 have now attained that period of life when I might have reasonably
expected to have received some reward for my exertions ; but a series of mis-
fortunes and of losses, to an amount exceeding the usual lot of man, have
entirely destroyed those expectations ; and having given up all my property
to satisfy the claims of my creditors, until those claims are adjusted, I am
entirely destitute, and have hardly any property left whieh'I can now call my
own. If these circumstances are any alleviation for my having violated the
law, or if they form a plea for the mitigation of punishment, may I earnestly
entreat, for the sake of a most worthy and truly deserving wife — for the sake
often most affectionate, most dutiful children, most of whom are in the early
stages of life, — all of them innocent participators in and sufferers by my mis-
fortunes, but whose heads will be lowered down to the very dust, if, in this
period of adversity, with all their prospects of happiness destroyed, the ex-
treme punishment of the law is inflicted on me, and the life of the husband
and father, now almost their only consolation, be taken away. For the sake
of these, may I most earnestly entreat, that, when the sentence now to be
pronounced is laid before the king and council, these alleviating circumstances
may be mentioned, — that the peculiarly defenceless situation in which I
have been brought to trial, and especially that the very kind and very humane
recommendations of both the juries by whom I have been tried, may also be
communicated ; and that I may be recommended as a suitable object of the
royal clemency, — that I may be permitted to live the few remaining years
which may be allotted me, until it may please Divine Goodness, in his in-
finite mercy, to call me from this state of probation in the regular course of
nature; and that a life, which, though passed in a humble sphere, has, I
trust, been of some use to society, may not be cut off by the most appalling
of all deaths — by the hands of the executioner."
Sentence of death was then passed on him.
EXECUTION.
Joseph Hunton, the Quaker, convicted of uttering in forged bills, was
executed on December 8, along with James Abbott, John James, and Joseph
Mahoney. On no previous occasion had a larger multitude been assembled
552 JOSEPH HUNTON.
to M'itness a similar spectacle. Ere daybreak, persons of aH classes began
to burry to the spot, and many, as happened at the execution of Fanntleroy,
took their places at windows, and upon the roofs of houses, which they had
previously engaged and paid for, whilst the immense space in the Old Bailey
surrounding the scaffold was crowded to suffocation, the mob extending, in a
solid mass, from the barrier at the end of Fleet-lane, opposite the felon's
side, to the end of the Old Bailey on Ludgate-hill. On the north side of the
scaffold the populace was, if possible, more dense, and reached as far as
Cock-lane, at the end of Giltspur-street, which was lined on each side by
wagons and carts, to which the curious were admitted at a given sum.
Hunton had composed his mind to meet his fate. He had been visited, on
Sunday, by several ladies and gentlemen of the society of Friends, who were
accommodated with an apartment, in which they remained in their peculiar
devotions for several hours. At night he was attended by two elders of the
congregation, who sat up with him in the press-room all night. During that
time he composed a very long prayer, appropriate to his situation and ap-
proaching death. He copied it out, and directed it to "his dearly-beloved
wife." At about half-past seven o'clock the two elders left him, after they
had "kissed." When they were brought into the press-room, .Tames, who
had fixed his eyes upon Hunton, left his seat, and placing himself at the
table, looked steadfastly upon the unhappy man, who, upon observing his
vacant stare, said to him, " Well, friend, hast thou been up all night?" —
" No," said James, " 1 slept a little." — "Ah" (with a sigh), replied Hunton,
" I have sat up all night : place thy trust in Christ, and thou wilt be as happy
as I am." — " I do, most sincerely," said James, "I hope it is all for the
best." — " I hope so too," replied Hunton, feebly. When the officer was in
the act of tying his wrists, he said, " Oh dear, is there any necessity to tie
the cord so fast ?" The officer made no reply, upon which Hunton said,
" Well, well, thou knowest best." He again complained of the cord being
too tight about his arms, and it was slackened a little. After he had been
thus secured, he said, " Wilt thou allow me to wear my gloves ?" and with
some difficulty he put them on, and still kept the prayer addressed to his wife
in his hand. James ascended the platform first, and walked to the railings,
where he said, in a loud voice, " Good people, I acknowledge what I am
brought here to die for. My sentence is just, and may God forgive me!
Take warning by my dreadful death in the prime of my life — and God bless
you all — farewell." He then submitted himself to the hangman. Mahoney
next followed, and then Abbott. Hunton was now summoned by the officers.
He turned round, and delivering the prayer to a friend, who attended him,
even on the scaffold, each shook the other's hand, and kissed lips, Hunton
observing, " You may say I am quite happy and comfortable, fare thee well."
He then ascended the steps with firmness and deliberation, took his station
under the beam, and requested that a blue handkerchief, to which he seemed
fondly attached, might be fastened over his eyes, which was accordingly
done. The signal was almost instantly given, and all the four died without
a struggle.
CAPTAIN WILLIAM KIDD. 55^
CAPTAIN WILLIAM KIDD,
FOR MURDER AND PIRACY, UPON SIX SEVERAL INDICTMENTS, AT THE ADMIRALTY
SESSIONS, AT THE OLD BAILEY, ON THURSDAY THE 8tH, AND FRIDAY THE 9tH
OF MAY, 1701.
The king's commission for holding tiie court being first read, the court
proceeded to call the gentlemen summoned upon the grand jury, and seven-
teen persons were sworn.
Dr. Oxenden having given them the charge, and explained the nature of the
commission, and the crimes inquirable by virtue of it, the grand jury with-
drew, and after some time returned into court, and found the bill of indictment
against captain Kidd, for murder, and another against him and Nicholas
Churchill, James How, Robert Lamley, William Jenkins, Gabriel Loff, Hugh
Parrot, Richard Barlicorn, Abel Owens, and Darby MuUins, for piracy.
Proclamation being then made, the prisoners were brought to the bar and
arraigned. Captain Kidd for some time refused to plead, desiring to have
Dr. Oldfish and Mr. Lemmon for his counsel, and that his trial might be de-
ferred for want of two French passes that would vindicate him ; but, being
informed of the danger of not pleading, he at last pleaded with the rest, not
guilty.
His first indictment being read for murder, and his counsel assigned him,
he pleaded that his trial for piracy might be put off, for want of his witnesses
and papers : then, the rest being set aside, he was ordered to be tried for
murder.
The indictment being briefly opened by Mr. Knapp and the solicitor-general,
Joseph Palmer, being sworn, said, that meeting with the Loyal Captain,
of which captain Hoar was commander, who came on board captain Kidd's
ship, and Kidd went on board of him, and then captain Kidd let that ship go ;
about a fortnight afterward, William Moor, the gunner, was grinding his
chisel on the deck, and captain Kidd said to him, " Which way could you
have put me in to take this ship, and been clear]" to which Moor replied,
"I never said such a thing, nor thought such a thing." Whereupon captain
Kidd called him a lousy dog. " If I am a lousy dog," said Moor, " you have
made me so; you have brought me to ruin, and many more." Upon which
the captain said, "Have I brought you to ruin, you dog"?" repeating it three
or four times over; and, taking a turn or two upon the deck, took up a wooden
bucket, hooped with iron, and struck him upon the right side of the head, near
the right ear, which he saw ; and then the gunner was carried down into the gun-
room, and said, " Farewell, farewell, captain Kidd has given me the last — "
(the captain being near enough to hear him). Of which bruise he died next
day, who before was in good health; that he saw him when he was dead,
and felt his head, and felt the skull give way, and that about the wound there
was a bruise of a considerable breadth ; and he believed he died of that blow ;
that, the surgeon being called to open his head, captain Kidd said, " You are
d — d busy without order."
Robert Bradinham, who was surgeon to the ship, the Adventure Galley,
whereof captain Kidd was master, deposed, that he was not by when the
blow was given, but that, being sent for afterwards, the gunner told him,
" he was a dead man ; captain Kidd had given him his last blow ;" and that
he heard Moor say, " farewell, farewell, captain Kidd has given me my last
blow :" and the captain replied, " D — n him, he is a villain ;" that the wound
was but small, and the skull fractured, of which he died the next day; that
he knew of no difference between them before ; but that, two months after-
wards, conversing with the captain on the coast of Malabar, of this man's
3 A 70
55-t CASE OF WITCHCRAFT,
death, he said he cared not so much for the death of his gunner, as for other
passages of his voyage, for that he had good friends in England that would
bring him off for that.
Captain Kidd, in his defence, said, that coming up within a league of the
Dutchman, some of his men were making a mutiny about taking her; and his
gunner told the people he would put his captain in a way to take the
ship, and be safe; that, he asking how he would do that? the gunner an-
swered, we will get the captain and men on board, and will then go aboard
and plunder their ship, and will have it under their hands that we did not take
her; that, he refusing, a mutiny arose, and then he threw the bucket at him.
The ])risoner then called Abel Owens, who said, that the mutiny about
taking tiie Dutch ship was a month before that man's death, that he saw the
blow given; that captain Kidd did not throw, but took the bucket by the
strap, and struck with it, and that there was no mutiny then.
Richard Barlicorn said there was a mutiny about taking the Dutch ship,
and that Moor was for taking her; but that there was no mutiny when Moor
was killed ; that he did not see the blow given, which did but just touch him.
He had been sick some time previous ; and the doctor, when he visited him,
said he did not die of that blow ; and, though two witnesses had sworn that
Moor died the next day, yet this witness said he believed he lived a week
after.
Here Hugh Parrot being asked the reason of captain Kidd's striking Moor,
said it was about not taking the Loyal Captain, which Kidd refused ; but that
this was a fortnight afterwards.
Here the prisoner said he had no more to say, but that he had all the pro-
vocation in the world given him, and had no malice against or design to kill
him ; which was in his passion, and he was sorry for it.
Lord chief-baron Ward having summed up the evidence, and captain Kidd
then alleging he had witnesses to produce for his reputation, and the service
he had done for the king, he was told by the court that he should have done
that before, and that that could not help him in this case of murder. Then
the jury, withdrawing for about half an hour, found him Guilty.
REMARKABLE CASE OF WITCHCRAFT,
BEFORE SIR MATTHEW HALE, IOtH MARCH, 1662.
At the assizes, held at Bury St. Edmund's for the county of Suffolk, the
10th day of March, in the 16th year of the reign of king Charles H. before
sir Matthew Hale, knight, lord chief-baron of his majesty's court of exche-
quer; Rose Cullender and Amy Duny, widows, both of Leystoff, in the
county aforesaid, were severally indicted for bewitching Elizabeth and Anne
Durent, Jane Bocking, Susan Chandler, William Durent, Elizabeth and De-
borah Pacey. And the said Cullender and Duny, being arraigned upon the
said indictments, pleaded not guilty.
The evidence whereupon these persons were convicted of witchcraft, stands
upon divers particular circumstances.
Three of the parties above named, viz. Anne Durent, Susan Chandler, and
Elizabeth Pacy, were brought to Bury, to the assizes, and were in a reason-
able o-ood condition ; but that morning they came into the hall to give in-
structions for the drawing of their bills of indictments, the three persons fell
into strange and violent fits, screaming out in a most dismal manner, so that
they could not in any wise give instructions to the court. And, although they
X:
AT BURY ST. EDMUNDS. 555- •
did after some certain space recover out of tiieir fits, yet they were every
one of them struck dumb, so that none of them could speak neither at that
time, nor during the assize, until the conviction of the supposed witches.
As concerning William Durent, being an infant, his mother Dorothy Du-
rent sworn and examined, deposed in open court : —
That about the tenth of March, Noiio Caroli Secundi, she having a special
occasion to go from home, and having none in her house to take care of her
said child, it then sucking, desired Amy Duny, her neighbour, to look to her
child during her absence, for which she promised her to give her a penny.
But the said Dorothy Durent desired the said Amy not to suckle her child,
and laid a great charge upon her not to do it. Upon which it was asked by Jt
the court, why she did give that direction, she being an old woman, and not '^
capable of giving suck ] it was answered by the said Dorothy Durent, that
she very well knew that she did not give suck, but that for some years be- .
fore, she had gone under the reputation of a witch, which was one cause
made her give her the caution : another was, that it was customary with old
women, that if they did look after a sucking child, and nothing would please
it but the breast, they did use to please the child to give it the breast, and it
did please the child, bat it sucked nothing but wind, which did the child
hurt. Nevertheless, after the departure of this deponent, the said Amy did
suckle the child : and after the return of the said Dorothy, the said Amy did
acquaint her that she had given suck to the child contrary to her command.
Whereupon the deponent was very angry with the said Amy for the same ;
at which the said Amy was much discontented, and used many high expres-
sions and threatening speeches towards her, telling her, that she had as good
have done otherwise than to have found fault with her, and so departed out
of her house : and that very night, her son fell into strange fits of swooning,
and was held in such terrible manner, that she was much affrighted there-
with, and so continued for divers weeks. And the said examinant farther
said, that she being exceedingly troubled at her child's distemper, did go to a ,
certain person, named doctor Jacob, who liveth at Yarmouth, who had the
reputation in the country to help children that were bewitched ; who advised
her to hang up the child's blanket in the chimney-corner all day, and at night
when she put the child to bed, to put it into the said blanket, and if she found
any thing in it she should not be afraid, but throw it into the fire. And this
deponent did according to his direction, and at night, when she took down the
blanket with an intent to put her child therein, there fell out of the same a
great toad, which ran up and down the hearth, and she having a young lad
only with her in the house, desired him to catch the toad, and throw it into
the fire, which the youth did accordingly, and held it there with the tongs ; and
as soon as it was in the fire, it made a great and horrible noise, and after a space
there was a flashing in the fire like gunpowder, making a noise like the dis-
charge of a pistol, and thereupon the toad was no more seen nor heard. It
was asked by the court, if that after the noise and flashing, the substance of
the toad was not seen to consume in the fire ■? and it was answered by the
said Dorothy Durent, that after the flashing and noise, there was no more
seen than if there had been none there. The next day there came a young *
woman, a kinswoman of the said Amy, and a neighbour of this deponent, and
told this deponent that her aunt (meaning the said Amy) was in a most la-
mentable condition, having her face all scorched with fire, and that she was
sitting alone in her house, in her smock, without any fire. And thereupon
this deponent went into the house of the said Amy Duny, to see her, and
found her in the same condition as was related to her; for her face, her legs",
and thighs, which this deponent saw, seemed very much scorched and burned
with fire, at which this deponent seemed much to wonder, and asked the said
Amy how she came into that sad condition ] and the said Amy replied, she *
might thank her for it, for that she this deponent was the cause thereof, but
that she should live to see some of her children dead, and herself upon crutches
556 CASE OF WITCHCRAFT,
And tliis deponent farther saith, that after the burning of the said toad, her
child recovered and was well again, and was living at the time of the assizes.
And this deponent farther saith. That about the 6th day of March, 11 Car. II.
her daughter Elizabeth Durent, being about the age of ten years, was taken
in like manner as her first child was, and in her fits complained much of Amy
Duny, and said, That she did appear to her, and afflict her in such manner as
the former. And she, this deponent, going to the apothecaries for something
for her said child, when she did return to her own house, she found the said
Amy Duny there, and asked her what she did do there ] and her answer was,
that she came to see her child, and to give it some water. But she this de-
ponent was very angry with her, and thrust her forth of her doors ; and when
she was out of doors, she said. You need not be so angry, for your child will
not live long: and this was on a Saturday, and the child died on the IMonday
following ; the cause of whose death this deponent verily believeth was occa-
sioned by the witchcraft of the said Amy Duny : for that the said Amy hath
been long reputed to be a witch, and a person of very evil behaviour, whose
kindred and relations have been many of them accused for witchcraft, and
some of them have been condemned.
The said deponent further saith, that not longafter the death of her daugh-
ter, Elizabeth Durent, she this deponent was taken with a lameness in both
her legs, from the knees downward, that she was fain to go upon crutches,
and that she had no other use of them but only to bear a little upon
them till she did remove her crutches, and so continued till the time of the
assizes, when the witch came to be tried, and was there upon her crutches:
— the court asked her, if at the time she was taken with this lameness, it were
with her according to the custom of women ] Her answer was, that it was
so, and that she never had any stoppages of those things, but when she was
with child.
This is the substance of her evidence to this indictment.
There was one thing very remarkable, that after she had gone upon crutches
for upwards of three )-ears, and went upon them at the time of the assizes in
the court when she gave her evidence, and upon the jury's bringing in their
verdict, by which the said Amy Duny was found guilty, to the great admira-
tion of all persons, the said Dorothy Durent was restored to the use of her
limbs, and went home without making use of her crutches.
II. As concerning Elizabeth and Deborah Pacey, the first of the age of
eleven years, the other of the age of nine years or thereabouts : as to the
elder, she was brought into the court at the time of the instructions given to
draw up the indictments, and afterwards at the time of trial of the said pri-
soners, but could not speak one word all the time, and for the most part she
remained as one wholly senseless, as one in a deep sleep, and could move
no part of her body, and all the motion of life that appeared in her was, that
as she lay upon cushions in the court upon her back, her stomach and belly,
by the drawing of her breath, would arise to a great height : and after the
said Elizabeth had lain a long time on the table in the court, she came a
little to herself and sat up, but could neither see nor speak, but was sensible
of what was said to her, and after a while she laid her head on the bar of the
court with a cushion tinder it, and her hand and apron upon that, and there
she lay a good space of time : and by the direction of the judge. Amy Duny
was privately brought to Elizabeth Pacy, and she touched her^ hand ; where-
upon the child, without so much as seeing her, for her eyes were closed all
the while, suddenly leaped up, and catched Amy Duny by the hand, and
afterwards by the face ; and with her nails scratched her till blood came, and
wou4d by no means leave her till she was taken from her, and afterwards the
child would still be pressing towards her, and making signs of anger conceived
against her.
Deborah the younger daughter, was held in such extreme danger, that her
4 - AT BURY ST. EDMUNDS. 557
parents wholly despaired of her life, and, therefore, could not bring her to the
assizes.
The evidence which was given concerning these two children was to this
effect.
Samuel Pacy, a merchant of Leystoff, aforesaid (a man who carried him-
self with much soberness during the trial, from whom proceeded no words
either of passion or malice, though his children were so greatly afflicted),
sworn and examined, deposeth :
That his younger daughter Deborah, upon Thursday the 10th of October
last, was suddenly taken with a lameness in her legs, so that she could not
stand, neither had she any strength in her limbs to support her, and so she
continued until the 17th day of the same month, which day being fair and
sunshiny, the child desired to be carried en the east part of the house, to be
set upon the bank which looketh upon the sea ; and whilst she was sitting
there. Amy Duny came to this deponent's house to buy some herrings, but
being denied, she went away discontented, but presently returned again, and
was denied, and likewise the third time, and was denied as at first; and at
her last going away, she went away grumbling ; but what she said was not
perfectly understood. But at the very same instant of time, the said child
was taken with most violent fits, feeling most extreme pain in her stomach,
like the pricking of pins, and screaming out in a most dreadful manner like
unto a whelp, and not like unto a sensible creature. And in this extremity
the child, continued to the great grief of the parents, until the 30th of the same
month. During this time, this deponent sent for one Dr. Feavor, a doctor of
physic, to take his advice concerning his child's distemper ; the doctor being
come, he saw the child in those fits, but could not conjecture (as he then told
this deponent, and afterwards affirmed in open court, at this trial) what might
be the cause of the child's affliction. And this deponent further saith, that
by reason of the circumstances aforesaid, and in regard Amy Duny is a woman
of an ill fame, and commonly reported to be a witch and sorceress, and for the
said child in her fits would cry out on Amy Duny, as the cause of her malady,
and that she did affright her with apparitions of her person (as the child in
the intervals of her fits related), he, this deponent, did suspect the said Amy
Duny to be a witch, and charged her with the injury and wrong to his child,
and caused her to be set in the stocks on the 28th of the same October : and
during the time of her continuance there, one Alice Leteridge and Jane Bux-
ton, demanding of her (as they also affirmed in court upon their oaths) what
should be the reason of Mr. Pacy's child's distemper] telling her, that she
was suspected to be the cause thereof; she replied, " Mr. Pacy keeps a great
stir about his child, but let him stay until he hath done as much by his chil-
dren as I have done by mine." And being further examined what she had
done to her children? she answered, "that she had been fain to open her
child's mouth with a tap to give it victuals."
And the said deponent further deposeth, that within two days after speak-
ing of the said words, being the 30th of October, the eldest daughter,
Elizabeth, fell into extreme fits, insomuch, that that they could not open her
mouth to give her breath, to preserve her life without the help of a tap, which
they were enforced to use ; and the younger ^ hild was in the like manner *
afflicted, so that they used the same also for her relief.
And further, the said children being grievously afflicted, would severally com-
plain in their extremity, and also in the intervals, that Amy Duny (together with
one other woman, whose person and clothes they described) did thus afflict them,
their apparition appearing before them, to their great terror and astonishment : " ^^^
and sometimes they would cry out, there stands Amy Duny, and there Rose flf -
Cullender, the other person troubling them. Their fits were various : some-
times they were lame on one side of their bodies, sometimes on the other : some-
times a soreness over their whole bodies, so that they could endure none to
touch them : at other times they would be restored to the perfect use of their
3a2
<?■■'
558 CASE OF WITCHCRAFT,
limbs, and deprived of their hearing; at other times of their sight, at other times
of their speech ; sometimes by the space of one day, sometimes for two ; and
once they were wliolly deprived of their speech for eight days together, and
then restored to their speech again. At other times they would fall into swoon-
ings, and upon the recovery to their speech they would cough extremely, and
bring up much phlegm, and with the same crooked pins, and one time a two-
penny nail, with a very broad bead, M'hich pins (amounting to forty or more)
together with the two-penny nail, were produced in court, with the affirmation
of the said deponent, that he was present when the said nail was vomited up,
and also most of the pins. Commonly at the end of every fit they would
cast up a ]nn, and sometimes they would have four or five fits one day.
In tins manner the said children continued with this deponent for the space
of two months, during which time in their intervals this deponent would cause
them to read some chapters in the New Testament. Whereupon this depo-
nent several times observed, that they would read till they came to the name
of Lord, or .Tesus, or Christ; and then before they could pronounce either of
the said words, they would suddenly fall into their fits. But when they came
to the name of Satan, or the devil, they would clap their fingers upon the
book, crying out, " this bites, but makes me speak right well."
At such times as they were recovered out of their fits (occasioned, as this
deponent conceives, upon their naming of Lord, or Jesus, or Christ), this de-
ponent hath demanded of them, what is the cause they cannot pronounce
those words, they reply and say, " that Amy Duny saith, I must not use that
name."
And farther, the said children, after their fits were past, would tell how
that Amy Duny and Rose Cullender would appear before them, holding
their fists at them, threatening, " that if they related either what they saw
or beard, that they would torment them ten times more than ever they did
before."
In their fits they would cry out, there stands Amy Duny, or Rose Cullen-
ner; and sometimes in one place and sometimes in another, running with
great violence to the place where they fancied them to stand, striking at them
as if they were present; they would appear to them sometimes spinning
rnd sometimes reeling, or in other postures, deriding or threatening them.
And this deponent further saith, that his children being thus tormented by
all the space aforesaid, and finding no hopes of amendment, he sent them to
liis sister's house, one Margaret Arnold, who lived at Yarmouth, to make
trial, whether the change of the air might do them any good. And how, and
in what manner they were afterwards held, he, this deponent, refers him.self
to the testimony of his said sister.
Margaret Arnold, sworn and examined, saith. that the said Elizabeth and
Deborah Pacy came to her house, about the .SOth of November last: her bro-
ther acquainted her, that he thought they were bewitched, for that they
vomited pins ; and farther informed her of the several passages which occured
at bis own house. This deponent said, that she gave no credit to that which
was related to her, conceiving possibly the children might use some deceit in
putting pins into their mouths themselves. Wherefore this deponent un-
pinned tlieir clothes, and left not so much as one pin upon them, but sewed
all the clothes they wore, instead of pinning them. But this deponent saith,
that notwithstanding all this care and circumspection of hers, the children
afterwards raised, at several times, at least thirty pins in her presence, and
had most fierce and violent fits upon them.
The children would in their fits cry out against Rose Cullender and Amy
Duny, affirming that they saw them ; and they threatened to torment them
ten times more, if they complained of them. At some times the children
(only) would see things run up and down the house in the appearance of
mice; and one of them suddenly snapped one with the tongs, and threw it
into the fire, and it screaked out like a rat.
»-' AT BURY ST. EDMUNDS. 559
At another time, the younger child, being free from her fits, went out of
doors to take a little fresh air, and presently a little thing like a bee flew upon
her face, and would have gone into her mouth ; whereupon the child ran in
all haste to the door to get into the house again, screeching out in a most ter-
rible manner ; whereupon this deponent made haste to come to her, but before
she could get to her, the child fell into a swooning fit, and at last with much
pain, straining herself, she vomited up a two-penny nail with a broad head :
and after that the child had raised up the nail she came to her understanding;
and being detnanded by this deponent, how she came by this nail ■? she
answered, "that the bee brought this nail and forced it into her mouth."
And at other times, the elder child declared unto this deponent, that during
the time of her fits, she saw flies come unto her, and bring with them in their
mouths crooked pins; and after the child had thus declared the same, she
fell again into violent fits, and afterwards raised several pins.
At another time this deponent declares that the said elder child, sitting by
the fire, suddenly started up and said, "she saw a mouse," and she crept
under the table looking after it, and at length she put something into her apron,
saying, " she had caught it;" and immediately she ran to the fire and threw it
in, and there did appear to this deponent something like the flashing of gun-
powder, though she confessed she saw nothing in the child's hand.
At another time the said child being speechless, but otherwise of perfect
understanding, ran about the house holding her apron, crying, " hush, hush,"
as if there had been some poultry in the house, but this deponent could per-
ceive nothing ; but at last she saw the child stoop, as if she had caught at
something, and put it into her apron, and afterwards made as if she had
thrown it into the fire ; but this deponent could not discover any thing ; but
the child afterwards being restored to her speech, she, this deponent, de-
manded of her what she saw at the time she used such a posture ] who
answered, " that she saw a duck."
At another time the younger daughter being recovered out of her fits, de-
clared, " that Amy Duny had been with her, and that she tempted her to
drown herself, and to cut her throat, or otherwise to destroy herself."
At another time, in their fits, they both of them cried out upon Rose Cul-
lender and Amy Duny, complaining against them ; " why do you not come
yourselves, but send your imps to torment us ?"
These several passages, as most remarkable, the said deponent did par-
ticularly set down as they daily happened, and for the reasons aforesaid, she
doth verily believe in her conscience that the children were bewitched, and
by the said Amy Duny and Rose Cullender ; though at first she could hardly
be induced to believe it.
As concerning Anne Durent, one other of the parties, supposed to be be-
witched, present in court.
Edmund Durent, her father, sworn and examined, said, that he also lived
in the said town of Leystoft", and that the said Rose Cullender, about the
latter end of November last, came into this deponent's house to buy some
herrings of his wife, but being denied by her, the said Rose returned in a dis-
concerted manner ; and upon the first of December after, his daughter, Anne
Durent, was very sorely afllicted in her stomach, and felt great pain, like the
pricking of pins, and then fell into swooning fits, and after the recovery from
her fits she declared, " that she had seen the apparition of the said Rose, who
threatened to torment her." In this manner she continued from the first of
December, until this present time of trial ; having likewise vomited up divers
pins (produced here in court). This maid was present in court, but could not
speak to declare her knowledge, but fell into violent fits when brought before
Rose Cullender.
Anne Baldwin, sworn and examined, deposeth the same thing as touching
the bewitching of the said Anne Durent.
560 CASE OF WITCHCRAFT,
As concernino- Jane Booking, who was so weak she could not be brought
to the assizes —
Diana Becking, sworn and examined, deposed that she lived in the same
town of Leystoff, and that her said daughter having been formerly afflicted
with swooning fits, recovered well of them, and so continued for a certain
time ; and upon the first of February last, she was taken also with great pain
in her stomach, like pricking with pins, and afterwards fell into swooning
fits, and so continued till the deponent's coming to the assizes, having during
the same time taken no food, but daily vomited crooked pins, and upon Sun-
day last raised seven pins. And whilst her fits were upon her, she would
spread forth her arms with her hands open, and use postures, as if she caught
at something, and would instantly close her hands again, which being imme-
diately forcXd open, they found several pins diversely crooked, but could
neither see nor perceive how, or in what manner they were conveyed thither.
At another time the said Jane being in another of her fits, talked as if she
were discoursing with some perf'ons in the room, though she would give no
answer, nor seem to take notice of any person then present, and would in like
manner cast abroad her arms, saying, " I will not have it, I will not have it,"
and at last she said, " then 1 will have it," and so waving her arm with her
hand open, she would presently close the same, which being instantly forced
open, they found in it a lath-nail. In her fits she would frequently complain
of Rose Cullender and Amy Duny. saying, that now she saw Rose Cullender
standing at the bed's feet, and another time at the bed's head, and so in other
places. At last she was stricken dumb, and could not speak one word, though
her fits were not upon her, and so she continued for some days ; and at last
her speech came to her again, and she desired her mother to get her some
meat, and being demanded the reason why she could not speak in so long a
time, she answered, that Amy Duny would not suffer her to speak. This
lath-nail and divers of the pins were produced in court.
As concerning Susan Chandler, one other of the parties supposed to be be-
witched, and present in court.
Mary Chandler, mother of the said Susan, sworn and examined, deposed
and said, that about the beginning of February last past, the said Rose Cul-
lender and Amy Duny were charged by INIr. Samuel Pacy for bewitching of
his daughters. And a warrant being granted at the request of the said Mr.
Pacy by sir Ed. Bacon, hart., one of the justices of the peace for the county
of Suffolk, to bring them before him, and they being brought before him, were
examined, and confessed nothing. He gave order that they should be search-
ed ; w hereupon this deponent with five others were appointed to do the same ;
and coming to the house of Rose Cullender, they did acquaint her with what
they were come about, and asked whether she was contented that they should
search her"? she did not oppose it, whereupon they began at her head, and so
stripped her naked, and in the lower part of her belly they found a thing like
a teat, of an inch long; they questioned her about it, and she said that she
had got a strain by carrying of water, which caused that excrescence. But
upon narrower search, they found in her privy parts three more excrescences
or teats, but smaller than the former. This deponent further saith, that in the
long teat, at the end thereof, there was a little hole, and it appeared unto
them as if it had been lately sucked, and upon the straining of it there issued
out white milky matter.
And this deponent further saith, that her said daughter being of the age of
eighteen years, was then in service in the said town of Leystoff, and vising
up early the next morning to wash, this Rose Cullender appeared to her, and
took her by the hand, whereat she was much affrightened, and went forthwith
to her mother, being in the same town, and acquainted her with what she had
seen; but being exTremely terrified, she fell extremely sick, much grieved at
her stomach, and that night after being in bed with another young woman,
she suddenly shrieked out, and fell into such extreme fits as if she were dis-
AT BURY ST. EDMUNDS. 561
tracted, crying against Rose Cullender, saying " she would come to bed her."
She continued in this manner, beating and tearing herself, insomuch that this
deponent was glad to get help to attend her. In her intervals she would de-
clare, that some time she saw Rose Cullender, at another time, with a great
dog with her. She also vomited up divers crooked pins, and sometimes she
was stricken with blindness, and at another time she was dumb, and so she
appeared to be in court when the trial of the prisoners was, for she was not
able to speak her knowledge; but being brougbt into the court at the trial,
she suddenly fell into her fits, and being carried out of the court again, within
the space of half an hour she came to herself, and recovered her speech; and
thereupon was immediately brought into the court, and asked by the court
whether she was in condition to take an oath, and to give evidence; she said
she could. But when she was sworn, and asked what she could say against
either of the prisoners'? before she could make any ansvver, she fell into her
fits, shrieking out in a miserable manner, crying, " burn her, burn her," which
were all the words she could speak.
Robert Chandler, father of the said Susan, gave in the same evidence that
his wife Mary Chandler had given; only as to the searching Rose Cullender
as aforesaid.
This was the sum and substance of the evidence which was given against
the prisoners, concerning the bewitching of the children before mentioned.
At the hearing this evidence there were divers known persons, as Mr. Ser-
geant Keeling, Mr. Sergeant Earl, and Mr. Sergeant Barnard, present. Mr.
Sergeant Keeling seemed much dissatisfied with it, and thought it not suffi-
cient to convict the prisoners ; for admitting the children were in truth be-
witched, yet, said he, it can never be applied to the prisoners upon the ima-
gination of the parties afflicted ; for if that might be allowed, no person what-
soever can be in safety, for perhaps they might fancy another person who
might altogether be innocent in such matters.
There was also Dr. Brown of Norwich, a person of great knowledge, who,
after this evidence given, and upon view of the three persons in court, was
desired to inform the court what he conceived of them ; and he was clearly
of opinion that tiie persons were bewitched; and said, that in Denmark there
had been lately a great discovery of witches, who used the veiy same way
of afllicting persons, by conveying pins into them, and crooked as these pins
were, with needles and nails. And his opinion was, that the devil in such
cases did work upon the bodies of men and women upon a natural foundation,
that is, to stir up and excite such humours superabounding in their bodies to
a great excess, whereby he did in an extraordinary manner atHict them with
such distempers as their bodies were most subject to, as particularly appeared
in these children; for he conceived, that these swooning fits were natural,
and nothing else than what they call the mother, but only heightened to a
great excess by the subtlety of the devil, co-operating with the malice of these
whom we term witches, at whose instance he doth these villanies.
Besides the particulars above mentioned, touching the said persons be-
witched, there were many other things objected against them, for a further
proof and manifestation that the said children were bewitched.
And first, during the time of the trial, there were some experiments made
with the persons afllicted, by bringing the persons to touch them ; and it was
observed, that when they were in the midst of their fits, to all men's appre-
hension wholly deprived of all sense and understanding, closing their fists in
such manner as that the strongest man in the court could not force them open ;
yet by the least touch of one of these supposed witches. Rose Cullender by
name, they would suddenly scream out, opening their hands, which accident
would not happen by the touch of any other person.
And lest they might privately see when they were touched by the said
Rose Cullender, they were blinded with their aprons, and the touching took
the same effect as before.
71
562 CASE OF WITCHCRAFT,
There was an ingenious person that objected there might be a great fallacy
in this experiment, and there ought not to be any stress put upon this to con-
vict the parties; for the children might counterfeit this their distemper, and
perceiving what was done to them, they might in such manner suddenly alter
the motion and gesture of their bodies, on purpose to induce persons to be-
lieve that they were not natural, but wrought strangely by the touch of the
prisoners.
Wherefore to avoid this scruple, it was privately desired by the judge, that
the lord Cornwallis, sir Edmond Bacon, and Mr. Sergeant Keeling, and some
other gentlemen there in court, would attend one of the distempered persons
in the farther part of the hall, whilst she was in her fits, and then to send for
one of the witches, to try what would then happen, which they did accord-
ingly ; and Amy Duny was conveyed from the bar, and brought to the maid :
they put an apron before her eyes, and then one other person touched her
hand, which produced the same effect as the touch of the witch did in the court.
Whereupon the gentlemen returned, openly protesting that they did believe
the whole transaction of this business was a mere imposture.
This put the court, and all persons, into a stand. But at length Mr. Pacy
did declare, that possibly the maid might be deceived by a suspicion that the
witch touched her when she did not. For he had observed divers times, that
although they could not speak, but were deprived of the use of their tongues
and limbs, that their understandings were perfect, for that they have related
divers things which have been when they were in their fits, after they were
recovered out of them. This saying of Mr. Pacy was found to be true after-
wards, when his daughter was fully recovered (as she afterwards was), as
shall in due time be related: for she was asked whether she did hear and
understand any thing that was done and acted in the court during the time that
she lay as one deprived of her understanding? and she said she did ; and by
the opinions of some, this experiment (which others would have a fallac)')
was rather a confirmation that the partips were really bewitched than Other-
wise : for, say they, it is not possible that any should counterfeit such dis-
tem|)ers, being accompanied with such various circumstances, much less
children; and for so long time, and yet undiscovered by their parents and re-
lations: for no man can suppose that they should all conspire together (be-
ing out of several families, and, as they affirm, no way related one to the
other, and scarce of familiar acquaintance) to do an act of this nature, whereby
no benefit or advantage could redound to any of the parties, but a guilty con-
science for perjuring themselves in taking the lives of two poor simple women
away, and there appears no malice in the case. For the prisoners themselves
did scarce so much as object it. Wherefore, say they, it is very evident that
the parties were bewitched, and that when they apprehend or understand by
any means, that the persons who have done them this wrong are near, or
touch them ; then their spirits being more than ordinarily moved with rage
and anger at them being present, they do use more violent gestures of their
bodies, and extend forth their hands, as desirous to lay hold upon them;
which at other times not having the same occasion, the instance there falls
not out the same.
Secondly. One John Soam, of Leystoff aforesaid, yeoman, a sufficient
person, deposeth, that not long since, in harvest-time, he had three carts
which brought home his harvest; and as they were going into the field to
load, one of the carts wrenched the window of Rose Cullender's house ;
whereupon she came out in a great rage, and threatened this deponent for
doing that wrong, and so they passed along into the fields, and loaded all the
three carts ; the other two carts returned safe home, and back again, twice
loaded that day afterwards ; but as to this cart which touched Rose Cullen-
der's house, after it was loaded, it was overturned twice or thrice that day;
and after that they had loaded it again the second or third time, as they
brought it through the crate which leadeth out of the field into the town, the
, \-
• AT BURY ST. EDMUNDS. 5G3
cart stuck so fast in the g-ate's-head, that they could not possibly get it through,
but were forced to cut down the post of the gate to make the cart pass
through, although they could not perceive that the cart did of either side
touch the gate-posts. And this deponent further saiih, tliat after they had
got it through the gate-way, they did with much difficulty get it home into
the yard ; but for all that they could do, they could not get the cart near unto
the place where they should unload the corn, but were fain to unload it at a
great distance from the place, and when they began to unload they found
much difficulty therein, it being so hard a labour that they were tired that
first came ; and when others came to assist them, their noses burst forth a
bleeding ; so they were fain to desist, and leave it until the next morning,
and then they unloaded it without any difficulty at all.
Robert Sherringham also deposeth against Rose Cullender, That about two
years since, passing along the street with his cart and horses, the axletree
of his cart touched her house, and broke down some part of it, at which she
was very much displeased, threatening him that his horses should suffer for
it ; and so it happened, for all those horses, being four in number, died within
a short time after: since that time he hath had great losses by the sudden
dying of his other cattle ; so soon as his sows pigged, the pigs would leap
and caper, and immediately fall down and die. Also, not long after, he was
taken with a lameness in his limbs that he could neither go nor stand for
some days. After all this, he was very much vexed with a great number of
lice of an extraordinary bigness, and although he many times shifted himself,
yet he was not any thing the better, but would swarm again with them ; so
that in the conclusion he was forced to burn all his clothes, being two suits
of apparel, and then was clean from them.
As concerning Amy Duny, one Richard Spencer deposeth, that about tlie
first of September last, he heard her say at his house, that the devil would
not let her rest until she were revenged on one Cornelius Sanderwell's wife.
Anne Sanderwell, wife unto the ahovesaid Cornelius, deposed, that about
seven or eight years since, she having bought a certain number of geese,
meeting with Amy Duny, she told her, if she did not fetch her geese home
they would all be destroyed : which in a few days came to pass.
Afterwards the said Amy became tenant to this deponent's husband for a
house, who told her, that if she looked not well to such a chimney in her
house, that the same would fall: whereupon this deponent replied, that it
was a new one ; but not minding much her words, at that time they parted.
But in a short time the chimney fell down, according as the said Amy had
said.
Also this deponent farther saith, that her brother being a fisherman, and
having to go into the Northern seas, she desired him to send her a firkin of
fish, which he did accordingly; and she having notice that the said firkin
was brought into Leystoff-road, she desired a boatman to bring it ashore with
the other goods they were to bring ; and she goitig down to meet the boat-
man to receive her fish, desired the said Amy to go along with her to help
her home with it; Amy replied, she would go when she had it. And there-
upon this deponent went to the shore without her, and demanded of the boat-
man the firkin: they told her, that they could not keep it in the boat from
falling into the sea, and they thought it was gone to the devil, for they never
saw the like before. And being demanded by this deponent, whether any
other goods in the boat were likewise lost as well as hers 1 they answered,
not any.
This was the substance of the whole evidence given against the prisoners
at the bar; who being demanded what they had to say for themselves, they
replied, nothing material to any thing that was proved against them. Where-
upon the judge, in giving his direction to the jury, told them that he would
not repeat the evidence unto them, lest by so doing he should wrong the evi-
dence on the one side or on the other. Only this he acquainted them with,
'U
5G4 THE SALEM WITCHES.
that they had two things to inquire after. First, whether or no these children
were bewitched. Secondly, whether the prisoners at the bar were guilty
of it.
That there were such creatures as witches, he made no doubt at all ; for,
first, the Scriptures had affirmed so much. Secondly, the wisdom of all
nations had provided laws against such persons, wliich is an argument of
their confidence of such a crime. And such hath br^en the judgment of this
kingdom, as appears by that act of parliament which hath provided punish-
ments proportionable to the quality of the offence ; and desired them strictly
to observe their evidence ; and desired the great God of heaven to direct their
hearts in this weighty thing they had in hand ; for to condemn the innocent,
and to let the guilty go free, were both an abomination to the Lord.
With this short direction the jury departed from the bar, and within the
space of half an hour returned, and brought them in guilty upon the several
indictments, which were thirteen in number, whereupon they stood indicted.
This was upon Thursday, in the afternoon, March 13, 1662.
The next morning, the three children, with their parents, came to the lord
chief baron Hale's lodgings, who all of them spake perfectly, and were in as
good health as ever they were ; only Susan Chandler, by reason of her great
affliction, looked very thin and wan. And their friends were asked at what
time they were restored thus to their speech and health, and Mr. Pacy did
affirm, that within less than half an hour after the witches were convicted,
they were all of them restored, and slept well that night, feeling no pain ;
only Susan Chandler felt a pain like pricking of pins in her stomach.
Afterwards they were all brought down to the court; but Anne Durent was
so afraid to behold them, that she desired she might not see them. The other
two continued in the court, and they affirmed in the face of the country, and
before the witches themselves, what before had been deposed by their friends
and relations — the prisoners not much contradicting them. In conclusion,
the judge and all the court were fullj- satisfied with the verdict, and thereupon
gave judgment against the witches, tliat they should be hanged.
They were much urged to confess, but would not.
That morning the judges departed for Cambridge, but no reprieve was
granted; and they were executed on Monday the 17th of March following,
but they confessed nothing to the last.
THE SALEM WITCHES.
At the latter end of the year 1691, Mr. Paris, pastor of the church in the
village of Salem, in America, had a daughter of about nine years of age,
and a niece of about eleven, afflicted with unaccountable distempers, as phy-
sicians that were consulted thought, and one of them judged they were be-
witched. Mr. Paris had an Indian man servant, and his wife an Indian
woman, who confessed, that without the knowledge of their master and mis-
tress, they had taken some of the afflicted persons' urine, and mixing it with
meal, had made a cake, and baked it, to find out the witch, as they said :
after this, the afflicted persons cried out of the Indian woman, named Tituba,
that she pinched, pricked, and grievously tormented them ; and they saw her
here and there, where nobody else could, and could tell where she was, and
what she did when she was absent from them ; these children were bitten
and pinched by invisible agents ; their limbs were racked and tormented,
and miserably contorted, &c. Tituba was examined ; who confessed the
making of that cake, and said, her mistress in her own country was a witch,
SUFFERERS FOR PRETENDED WITCHCRAFT. 565
and had taught her some means to be used for the discovery of a witch, and
for preventing of being bewitched.
The justices at Salem examined the afflicted and accused together ; and,
upon the examination, Tituba confessed that she was a witch, and that she,
and the other two accused, did torment and bewitch the complainers; and
that these, with two others, whose names she knew not, had their witch-
meetings together, relating the times when, and places where they met, with
other circumstances.
Upon this, Tituba, Osburn, and Good were committed to prison, on sus-
picion of acting witchcraft. Soon after, these afflicted persons complained
of others afflicting them in their fits ; and the number of the afflicted and
accused began to increase, and, upon examination, more confessed themselves
guilty of tlie crimes they were suspected of, the number of confessors at
length amounting to fifty: the justices, judges, and others concerned, used
all conscientious endeavours to do what was right, according to former pre-
cedents in England, in the like cases. The matter was carried on chiefly by
the complaints and accusations of the afflicted, and by the confessions of the
accused, condemning themselves and others : yet experience showed, that
the more were apprehended, the more were still afflicted ; and the numbers
of the confessors increasing, did but increase the number of the accused ;
and the executing of some made way for the apprehending of others : for
still the afflicted complained of being tormented by new objects, as the former
were removed ; so that those that were concerned were amazed at the num-
ber and quality of the persons accused, and feared innocent persons suffered ;
and henceforth, the juries generally acquitted such as were tried, fearing
they had gone too far before, and all were set at liberty, even the confessors.
About the end of the year 1692, one Joseph Ballard at Andover, whose
wife was ill, and afterwards died of a fever, sent to Salem for some of those
accusers, to tell him who afflicted his wife.
Mr. Dudley Bradstreet, a justice of peace in Andover, having granted out
warrants, and committed thirty or forty persons to prisons, for the supposed
witchcraft, at length refused to issue any more warrants ; soon after which,
he and his wife were accused ; for he was said by them to have killed nine
persons by witchcraft, and found it his safest course to make his escape.
Nineteen persons being now hanged, and one pressed to death, and eight
more condemned, in all twenty-eight; about fifty having confessed themselves
to be witches, of which not one was executed ; about one hundred and fifty
were in prison, and about two hundred more were accused, the special com-
mission of Oyer and Terminer was closed ; after which, six women, who
had confessed themselves to be witches, gave under their hand, that they did
it only in compliance with their nearest friends, who told them it was their
only way to escape.
SUFFERERS FOR PRETENDED WITCHCRAFT IN SCOTLAND.
ALISON PEARSON.— 1588.
Alison Peaiison in Byre-hills, Fifeshire, was convicted of practising sor-
cery, and of invoking the devil. She confessed that she had associated with
the queen of the fairies for many years, and that she had friends in the court
of England, who were of her own blood. She said that William Simpson,
late the king's smith, was, in the eighth year of his age, carried off by an
Egyptian to Egypt, where he remained twelve years; arid that this Egyptian
was a o-iant : that the devil appeared to her in the form of this William
3B
566 - SUFFERERS FOR
Simpson, who was a great scholar, and a doctor of medicine, who cured her
diseases ; that he has appeared to her, accompanied with many men and
women, who made merry with bagpipes, good cheer, and wine : that the
good neighbours attended, and prepared their charms over the fire ; that the
herbs of which they composed their charms, were gathered before sunrise ;
and that with these they cured the bishop of St. Andrews of a fever and flux.
She underwent all the legal forms customary in cases of witchcraft, i. e. she
was convicted and condemned, strangled and burned.
JANET GRANT AND JANET CLARK— 1550.
Janet Grant and Janet Clark were convicted of bewitching several persons
to death, of taking away the privy members from some folks, and bestowing
them on others, and of raising the devil.
JOHN CUNNINGHAM.— 1590.
It was proved against John Cunningham, that the devil appeared to him in
white raiment, and promised, that if he would become his servant, he should
never want, and should be revenged of all his enemies : that he was carried
in an ecstasy to the kirk of North Berwick, where the devil preached to him,
and many others, bidding them not to spare to do evil, but to eat, drink, and
be merry ; for he should raise them all up gloriously at the last day : that
the devil made him do homage, by kissing his . That he (the pri-
soner) raised the wind on the king's passage to Denmark : that he met with
Satan on the king's return from Denmark ; and Satan promised to raise a
mist, by which his majesty should be thrown upon the coast of England;
and thereupon threw something like a football into the sea, which raised a
vapour.
AGNES SAMPSON.— 1591.
Agnes Sampson in Keith, a grave matron-like woman, of a rank and com-
prehension above the vulgar, was accused of having renounced her baptism,
and of having received the devil's inark ; of raising storms to prevent the
queen's coming from Denmark; of being at the famous meeting at North
Berwick, where six men and ninety women, witches, were present, dancing to
one of their number, who played to them on a Jew's harp. It was charged in
the indictment, that the devil was present at this meeting, and started up in
the pulpit, which was hung round with black candles ; that he called them all
by their names, asked them if they had kept their promises, and been good
servants, and what they had done since the last meeting; that they opened
up three graves, and cut off the joints from the dead bodies' fingers, and that
the prisoner got for her share two joints and a winding-sheet, to make pow-
der of to do mischief; that the devil was dressed in a black gown and hat;
and that he ordered them to keep his commandments, which were, to do all
the ill they could, and to kiss his .
At first Agnes denied the accusations brought against her by the king's
majesty and the lords assembled ; but being ordered to prison to undergo the
torture, she returned to her judges in a frame of mind suitable to make the
following confession, which is given in the words of Glanvil : —
CONFESSION OR AGNES SAMPSON TO KING JAMES, THEN OF THE SCOTS.
" Item, Fyled and convict for sameckle as she confessed before his majesty,
that the devil in man's likeness met her going out in the fields from her own
house at Keith, between five and six at even, being alone, and commandit
her to be at North Berwick kirk the next night. And she past then on horse-
back, conveyed by her good-son, called John Cooper, and lighted at the kirk-
yard, or a little before she came to it, about eleven hours at even. They
danced along the kirk-yard ; Geilie Duncan plaid to them on a trump ; John
Fien mussiled led all the rest; the said Agnes and her daughter followed
-. ^
PRETENDED WITCHCRAFT. 567
next. Besides, there were Kate Grey, George Moilis' wife, Robert Grierson,
Katherine Duncan Buchanan, Thomas Barnhill and his wife, Gilbert Macgil,
Joh. Macgil, Katherine Macgil, with the rest of their complices, above an
hundred persons, whereof there were six men, and all the rest women. The
women made first their homage, and then the men. The men were turned
nine times widdershins about, and the women six times. John Fien blew up
the doors, and blew in the lights, which were like niickle black candles,
sticking round about the pulpit. The devil startit up himself in the pulpit
like a mickle black man, and every one answered, " Here." Mr. Robert
Grierson being named, they all ran hirdie girdie, and were angry : for it was
promised he should be called Robert the Comptroller, alias Rob the Rower,
all expriming of his name. The first thing he demandit was, as they kept
for promise, and been good servants, and what they had done since the last
time they had convened. At his command they opened up three graves, two
within, and ane without the kirk, and took off the joints of their fingers, toes,
and neise, and parted them amongst them : and the said Agnes Sampson got for
her part a winding-sheet and two joints. The devil commandit them to keep
his commandments, which were to do all the evil they could. Before they
departed, they kissed his breech ; the record speaks more broad, as I noted
before. He had on him ane gown and ane hat, which were both black ; and
they that were assembled, part stood and part sate: John Fien was ever
nearest the devil, at his left elbock : Graymaical keped the door."
The king now branded Agnes and her gang as a body of "extreme liars ;"
when, taking him a little aside, " she declared the very words which passed
between the king's majesty and the queen at Upslo, in Norway, on the night
of their marriage ; whereat the king wondered greatly, and swore, by the
living God, thaf he believed all the devils in hell could not have discovered
the same, and gave the more credit to what she afterwards declared."
The above confession had its natural effect upon a weak mind. James,
who before wavered in his belief, now became an advocate for the truth of
the damnahle doctrine of witchcraft; and in the third chapter of the second
book of his Dxmonologie, has made a kind of paraphrase on the above depo-
sition.
Cummer, go ye before ; cummer, go ye ;
If ye will not go before, cummer, let me ! —
These are the words said to have been sung by Agnes Sampson, and two
hundred of her associates, when they landed from their riddles or cives, and
danced a reel on the shore of North Berwick, when on their way to hold their
unhallowed meetings in the church.
" Moreover, Agnes confessed that at the time his majesty was in Den-
marke, shee being accompanied with the parties before specially named,
tooke a cat and christened it, and afterward bound to each part of that cat the
cheefest part of a dead man, and several joyntes of his bodie ; and the night
following the said cat was conveyed into the middest of the sea by all these
witches, sayling in their riddles or cives, as is aforesaid, and so left the said
cat right before the town of Leith, in Scotland ; this doone, there did arise
such a tempest in the sea, as a greater hath not been scene. At another time
John Fien attempting to catch a cat for that purpose, and she proving too
nimble, he was carried about in the air after her in a wonderful manner." —
Thus sung the witch of Keith ; anon she sat
Revelling with Satan.
Glanvil thus continues his relation. Agnes sailed " with her fellow
itches in a boat to a ship, where the devil
le neither seeing the mariners nor the mar
raised a wind whereby the ship perished."
witches in a boat to a ship, where the devil caused her to drink good wine,
she neither seeini; the mariners nor the mariners her. But after all, the devil
5C8 SUFFERERS FOR
JOHN FIEN.
There shone the sorcerer Fieri, of potent power.
The key-keeper of the air's artillery.
John Fien (alias Cunningham, alias doctor Fian), master of the school of
saltpans, in Lothian, as well as Agnes Sampson, belonged to the East
Lothian company. "That which is observable in John Fien," sa3'S Glanvil,
" is, that the devil appeared to him, not in black, but in white raiment; but
proposed as hellish a covenant to him, as those fiends that appear in black.
As also lying dead two or three hours, and liis spirit taiie (as the phrase in
the record is) ; his being carried or transported to many mountains, and, as
he thought, through the world, according to his own depositions. His hear-
ing the devil preach in a kirk in the pulpit, in the night by candle light, the
candle burning blue. That in a conventicle, raising winds with the rest, at
the king's passage into Denmark, by casting a cat into the sea, which the
devil delivered to them, and taught them to cry liula, when they first cast it
in. His raising a mist at the king's return from Denmark, by getting Satan
to cast a thing like a foot-ball (it appearing to John like a wisp) into the sea,
A^hich made a vapour or reek to arise, whereby the king's majesty might be
cast upon the coast of England. His hearing the devil again preach in a
pulpit in black, who after pointed them to graves to open and dismember the
corpse therein ; which done, incontinently they were transported without
words. His opening locks by sorcery, as one by mere blowing into a
woman's hand while he sate by the fire. His raising four candles on the
luggs of an horse, and another on the top of the staff of his rider in the
night, that he made it as light as day ; and how the man fell down dead at
the entering within his return home," with several other charges similar to
those mentioned in Agnes Sam])Son's indictment.
Geillies Duncan, who was his accuser, confessed that he was their clerk or
register, and that no man was allowed to come to the devil's writings but he.
" After thrawing of the doctor's head with a rope, whereat he would confess
nothing, he was persuaded by fairc means to confess his follies, but that
would prevail as little," till at length, by dint of exquisite torture, he was
compelled to confess any thing; and was then strangled and burnt on the
castle-hill of Edinburc^h, Jan. 1591.
" Most of the winter of 1591," says Spotswood, "was spent in the dis-
covery and examination of witches and sorcerers. Amongst these Agnes
Sampson, commonl}' called the Wise Wife of Keith, was the most remark-
able." She confessed that the earl of Boswell had moved her to inquire
what should become of the king, &c. Richard Graham, another notorious
sorcerer, who was apprehended at the same time, made the like accusation
against Both well.
Barbara Napier was convicted. May 8, 1591, for consulting Agnes Samp-
son, to give help to dame Jean Lyon, lady Angus ; for which she was wor-
ried at a stake, and burned to ashes !
EUPHAN M'CALZEANE.— 1591.
Euphan M'Calzeane was a lady possessed of a considerable estate in her
own right. She was the daughter of Thomas M'Calzeane, lord Clifienhall,
one of the senators of the college of justice, whose death in the year 1581
spared him the disgrace and misery of seeing his daughter fall by the hands
of the executioner. She was married to a gentleman of her ow-n name, by
whom she had three children. She was accused of treasonably conspiring
the king's death by enchantments ; particularly by framing a waxen picture
of the king ; of raising storms to hinder his return from Denmark ; and of
various other articles of witchcraft. She was heard by counsel in her defence;
was found guilty by the jury, which consisted of landed gentlemen of note ;
and her punishment was still severer than that commonly inflicted on the wey-
PRETENDED WITCHCRAFT. 569
ward sisters; she was burned alive, and iier estate confiscated. Her children,
however, after being thus barbarously robbed of their mother, were restored
by act of parliament against the forfeiture. The act does not say that the
sentence was unjust, but that the king was touched in honour and conscience
to restore the children. But to move the wheels of his majesty's conscience,
the children had to grease them, by a payment of five thousand merks to the
donator of escheat, and by relinquishing the estate of Cliftonhall, which the
king gave to sir .lames Sandilands, of ISlamanno.
As a striking picture of the state of justice, humanity, and science, in those
times, it may be remarked, that this sir James Sandilands, a favourite of the
king's, ex interiore principis familiaritute, who got this estate, which the
daughter of one lord of session forfeited, on account of being a witch, did
that very year murder another lord of session in the suburbs of Edinburgh, in
the public street, without undergoing either trial or punishment.
PATRICK LAWRIE.— 1G05.
Among many acts of witchcraft, for which Patrick Lawrie was committed
to the flames, there were his consulting with, and receiving from, tlie devil a
handbelt; in one end of which "appeared the similitude of four fingers and
a thumb, not far different from the claws of the devil ;" his bewitchino- Bessie
Sands' corns, and taking the whole strength and substance out of them for ten
years successively ; his enchanting certain milk cows, which thereby, instead
of milk, yielded nothing but blood and matter ; and his curing Elizabeth
Crawfurd's child, which, for eight or nine years, had been afflicted with an
incurable disease.
MARGARET WALLACE.— 1620.
Margaret Wallace was tried before the circuit court of justiciarj\ The
duke of Lennox, the archbishop of Glasgow, and sir George Erskine of
Innerteil, sat as assessors to the judges, and an eminent counsel was heard
in behalf of the prisoner. She was accused of inflicting and of curing dis-
eases by enchantment ; but it was not specified what spells she employed.
It was libelled against her, that on being taken suddenly ill she sent for one
Christian Graham, a notorious witch, who afterwards sufiered a capital pun-
ishment, and that this witch transferred the disease from the prisoner to a
young girl : that the girl being thus taken ill, her mother was advised by
the prisoner to send for Christian Graham, who answered, that her confidence
was in God, and she would have nothing to do with the devil or his instru-
ments; the prisoner replied, "that in a case of this sort. Christian Graham
could do as much as God himself; and that without her aid, there was no
remedy for the child :" but the mother not consenting, the prisoner, without
her knowledge, sent for Christian, who muttered words, and e.xpressed signs,
by which she restored the child to health, &c. Her counsel urged, that the
indictment was by much too general; that it ought to have been specified,
not simpl}^ tliat she did enchant, but also by what kind of spells she per-
formed her incantations : that supposing Christian Graham to have been a
witch, and that the prisoner when taken ill consulted her, still he was entitled
to plead that the prisoner consulted heron account of her medical knowledge,
and not for her skill in sorcery: that as to the blasphemous expressions,
however well they might found a trial for blasphemy, they by no means in-
ferred the crime of witchcraft; and he quoted many authorities from the civil
and canon laws. He farther challenged one of the assizers, because one of
the articles charged against the prisoner was her having done an injury to hi.s
brother-in-law. The whole defences were repelled by the judges; and the
jury found the prisoner guilty.
3 B 2 72 • .
570 SUFFERERS FOR
ISOBEL YOUNG.— 1629.
■ Isobel Young, in East Barns, was accused of having stopped, by enchant-
ment, George iSandie's mill, twenty-nine years before; of having prevented
his boat from catching fish, while all the other boats at the herring-drave, or
herring-fishery, were successful ; and that she was the cause of his failing
in his circumstances, and of nothing prospering with him in the world : that
she threatened mischief against one Kerse, who thereupon lost the power of
his leg and arm : that she entertained several witches in her house, one of
whom went out at the roof in likeness of a cat, and then resumed her own
shape : that she took a disease oft" her husband, laid it under the barn floor,
and transferred it to his nephew, who, when he came into the barn, saw the
firlot hopping up and down the floor: that she used the following charm to
preserve herself and her cattle from an infectious distemper, viz. to bury a
white ox and a cat alive, throwing in a cjuantity of salt along with them :
that she had the devil's mark, &c. The defences for the prisoner were over-
ruled. Is it needful to add, that she was convicted, strangled, and burned I
This most incredibly absurd and iniquitous doctrine, of repelling defences
because contrary to the libel ; this system of legal murder, was (says Mr.
Arnot), till the present century, a received maxim of criminal jurisprudence
in Scotland.
About this time a warlock drove a lucrative trade, called Sandie Hunter
(alias Hamilton), whom it is said the devil nicknamed Hattaraick. He was
originally a knolt herd in East Lothian, and was famous for curing diseases
both in man and in beast, by words and charms. Wherever Hattaraick went,
none durst refuse him alms. One day he came to the gate of Samuelston,
v.hen some friends after dinner were taking to horse. A young gentleman,
brother to the lady, switched him about the ears, saying, "You warlock carle,
what have you to do here V — whereupon the fellow went away grumbling,
and was heard to say, " You dear by this ere it be long." After supper the
gentleman took horse and departed, and crossing Tyne water to go home, he
passed through a shady piece of haugh called the Allers. W hat he saw
there he would never reveal ; but next day he was in a high state of delirium,
and had to be bound. The lady Samuelston liearing of this said, " Surely
the knave Hattaraick is the cause of this trouble, call for him in all haste."
When the warlock came, " Sandie," says she, " what is this you have done
tu my brother William?" — "I told him," replied he, "I should make him
repent of his striking me at the yait lately." She giving the rogue fair words,
and promising him his sack full of meal, with beef and cheese, persuaded
the fellow to cure him, which was speedily effected. W'hen Hattaraick
came to receive his wages, he told the lady her brother would shortly leave
the country never to return ; upon which, she caused him to make a disposi-
tion of his property to the defrauding of his brother George. After the war-
lock had pursued his lucrative calling for some time, he was apprehended at
Dunbar, taken to Edinburgh, and burnt on the Castle-hill.
ALEXANDER HAMILTON.— 1630.
Alexander Hamilton (if we may trust his judicial confession) met the
devil in the likeness of a black man, riding on a black horse. Hamilton re-
nounced ills baptism, and engaged to become the devil's servant, from whom
he received four shillings sterling. When be wanted an audience of his in-
fernal majesty, he was instructed to beat the ground thrice with a fir-stick,
and say, "rise up, foul thief;" and accordingly the devil used to obey the
summons, and apjteared in the shape of a raven, a cat, or a dog, and gave
responses. The devil instructed him how to be revenged of his enemies ;
also, how to cure and transfer diseases; and further, gave him a spell, by
which he killed the lady Ormestone and her daughter, in revenge of the
PRETENDED WITCHCRAFT. 571
lady's having refused him the loan of a mare, and having called him nick-
names. Lastly, he declared he had many meetings with the devil, from
whom he once got a severe drubbing for not keeping an appointment.
JOHN NEIL.
John Neil was charged with taking off and laying on diseases, the former
of which he sometimes effected by making the sick person's shirt be washed
in a south-running water. With giving responses concerning the time and
manner of people's death. With holding consultation with the devil, and
witches, on Coldinghim law, how to compass the death of sir George Home -
of Manderston. That the result of their deliberation was the getting an en-
chanted dead foal and putting it in sir George's stable, uiuler his stoned-
horse's manger; also a dead hand enchanted by the devil, which they put in
sir George's garden ; and tbat by these means he contracted a grievous dis-
ease, of which he could not be recovered, till the dead foal and dead hand
were discovered and burned. No pleading, no deposition of witnesses, no
confession of the prisoner is recorded; but the jury found the usual verdict,
and the usual sentence was pronounced by the court.
JANET BROWN, AND OTHERS.— 1640.
An act and commission of parliatnent was passed on the 12th of July, and
another on the 7th of August, 1649,* constituting sir James Melville of Raith,
Alexander Orrock of Orrock, Robert Aytoun of Lichdarnie, and certain bail-
lies of Burntisland, judges, with powers to try certain persons for the crime
of witchcraft. Janet Brown was first brought before them. She was
charged in the indictment with having held a meeting with the devil appear-
ing as a man, at the back of Broom-hills, who was at a wanton play with
Isabel Gairdner, elder, and Janet Thompson; and he vanished away like a
whirlwind. With having there renounced her baptism, upon which the devil
* The following is the expense of burning a witch in Scotland in this year : —
The accompt is a voucher of a payment made by Alexander Louddon, factor on the
estate of Burncastle, the proprietor being then a minor and infant. It is entered in the
factor's books thus : —
" Mair for Margarit Dunhome the time sche was in prison, and was put to death,
065 : 14 : 4."
Count gifin out be Alexander Louddon in Lystoun, in ye yeir of God 1649 yeiris, for
Margril DuUmoune in Burn'casiell.
Item, in the first, to Wm. Currie and Andrew Gray for the watching of hir
ye space of 30 days, inde ilk day, xxx sh inde xlv lib Scotts
Item mair to Jon Kinked for hrodding of her vi lib Scotts
Mair for meat and drink and wyne to him and his man iiij lib Scotts
Mair for cloth to hir iij lib Scotts
Mair for twa tare treis xl sh Scotts
Item mair for twa treis, and ye making of ihem, to the warkmen iij lib Scotts
Item to ye hangman in Hadingtoun, and fetchin of him, thrie dollores for
his pens, is iiij lib Scotts
Item mair for meit and drink and wyne for his intertinge iii lib Scotts
Item mair for ane man and twa horss, for ye fetching of him, and taking of
him hame agane xi sh Scotts
Mair to hir for meit and drink ilk ane day, iiij sh the space of xxx dayes, is vi lib Scotts
Item mair to ye twa officers for yr fie ilk day sex shilline aught pennes, is x lib Scotts
Summa is iiij scoir xiii lib xiiij sh
Ghilhert Ijinder.
U?n. Lander Bilzaurs.
Takin of this above written some twentie-seaven pnndis Scotis ql the said umql
Margrit Dinham had of her ain
92 : 14 : — V >
27 • — : —
'' 05 : — ; — ■ . ■ ■ .^,,;;f
■ ■■■ ,t'
572 SUFFERERS FOR
sealed her as one of his, by a mark on the right arm, into wliieh Mr. .lames
Wilson, minister of Dysart, in presence of Mr. .lohn Chalmers, minister at
Auchterderran, thrust a long pin of wire into the head, and she was insensible
of it. And the like experiment was tried in presence of Mr. Dalgliesh,
minister at Cramond, &c. The prisoner, and two other women, were con-
victed, condemned, and executed in one day.
W'ithin a few days after, other three miserable women arrived at the last
stage of a common journey in those days of superstitious ignorance, viz. from
the parson of the parish to the criminal judges, and from the criminal judges
to the executioner. They were arraigned before the same tribunal, on tlie
hackriied charge of meeting with the devil. One of them, Isobel Bairdie,
was accused of taking up a stoup, /. e. a flagon, and drank, "and the devil
drank to her, and she pledging him, drank back again to him, and he pledged
her, saying, Grammercie, you are very w-elcome." In each of the three indict-
ments, it is added, that the prisoner had confessed, in presence of several
ministers, baillies, and elders. And it appears from the verdict of the jury,
that these inquisitors were produced before the court, to prove the extrajudi-
cial confessions of the miserable prisoners, who had already been harassed,
perhaps out of their senses, or rendered weary of life by the persecutions of
brutish ignorance and diabolical cruelty.
The jury found the prisoners guilty of the said crime of witchcraft, and that
they deserve to die therefore, but referring the manner of their death to the
said judges their determination. The judges ordained them to be taken that
same afternoon to the place of execution, and there to be strangled at a stake
and burned.
THE SAMUELSTON WITCHES.
The lands of Samuelston were so much infested by the "weird sisters" in
1661, that John, earl of Haddington, to appease his tenants, was under the
necessity of presenting a petition to his majesty's commissioner for the pur-
pose of getting them tried by a court of judicature. The following extract
from this commission, shows that the arts of darkness continued to be prac-
tised by numerous bodies to the no small terror of the lieges : —
COMMISSION FOR JUDGEING OF WATCHES, &C. IN SAMUELSTON.
"Edr, 3d Apryll IGCl.
To the Right Hon. His Maties Commissioner, his Grace, and the Lordis,
and Others of the Parliament appoyntit for the Articles. The humble peti-
tioun of .loHNE Karl of Hadintoun.
Sheweth. — That upon several! malefices committit of late within and about
my landis of Samuelstoune, thair being severall persones suspect of the abo-
minable sin of witchcraft, apprehendit and searched, the markes of witches
wer found on thame in the ordinarie way. Severallis of thame haif made
confessioun, and haif dilatit sundrie others within the saidis boundes, and
haif acknowledged pactioun with the devile. Thair names are these, EJspet
Tailyeor in Samuelstoune, Margaret Bartilman, Mareoun Quheitt, .lonet Car-
frae. These haif made confessioun alreadie. Otheris they haif dilatit as
partakeris of the same cryme with thame, viz. Chrisliane Deanes, Agnes
Williamsone. Thes are dilatit be the former, and the markes ar found on
thame, quha ar lykwayes apprehendit, otheris ar lykwayes dilatit by thame,
namelie, Helene Deanes, George Milnetowne, Patrik Cathie, Anna Pilmure,
Elizabeth Sinclair, Margaret Baptie, .lonet Maissone, and Margaret Argyle,
Elspeth Crawfiird. Tlies ar dilatit be the former confessing-, hot ar not as
yet apprehendit nor searched. And trew it is, that throw the frequencie of
the said sin of witchcraft, in the saidis boundes, my haill tenentes there
threatnes to leave my ground without justice be done on thes persones. And
becaus the lawes ar now silent, this sin becomes daylie more frequent. Also,
thair (ar) two otheris persones apprehendit for thift in the foresaid boundes.
PRETENDED WITCHCRAFT, 573
quhom I half intertained in prisone, within the lolbuith of Hadingtoun, upon
my awin chairges thes ten weikis bygane, within the tolbuith of Edinburgh,
upon my own chairges."
The lord commissioner and lords of the articles, after hearing the petition,
granted a commission for putting to death such of the above persons as were
found guilty of witchcraft by confession, and for trying others, which M'as to
have been put into execution.
A few years had only elapsed, when, to appease the ravings of superstition,
another race of ill-fated women were doomed to the fagots. In 1G77, Eliza-
beth Moodie, a poor hypochondriac servant-woman, in Haddington, was im-
prisoned as a witch, and (as usual) made confessions, and accused others.
The account of her imprisonment is mentioned in the council records of the
burgh, 20th April, 1677. "The whilk day, John Sleich, younr. being com-
missionat to consult my Lord Advocat anent Elizabeth Moodie, imprisoned
as a witch, judged it convenient that the prisoner should confess before a
fenced court, and to subscribe before two notars and four witnesses, whilk
accordingly is done, — and she delated oyrs, the councill ordaines them to be
apprehended and (examined), refers the way thereof to the magistrates.
"The counsell appoints John vSleich, younr. to be their commissioner to go
to Edinburgh with the confessions and delations of the witches, and obtain
from the secret councill commissions for trial and assisse."
The concluding part of these barbarous proceedings are detailed in lord
FountainhuWs 3'I.S. "There is one Margaret Kirkwood (says he) in Had-
jngton, that hangs hirselfe ; some say she was so strangled by the devill and
witches. The same happened on a Sunday, in the afternoon : sliee hes a
serving woman in the church, called Elizabeth Moodie, who makes some dis-
turbance and noise during the sermon, and numbers till shee reach fifty-nine,
which was her mistress's age, and then cryes, the turne was done, which was
found to be the very instant in which her mistresse was making away hir-
selfe : upon this being apprehended and examined, shee denied till shee was
searched and pricked ; and after the alledged marques were found upon hir,
shee confessed liiraelfe to bo a witch, (s/a^p u;ns burnt fur if in the. hegiiuiing
of June, ] 677!) and the particular circumstances of it, as I heard her acknow-
ledge them. The said Margaret Kirkwood, who hanged herselfe, beino-
wealthie, there were severalls who put in for the gift of her escheat, amongst
others the toune of Hadington."
ISOBEL ELLIOT, AND NINE OTHER WOMEN.— 1678.
Isobel Elliot and nine other women were tried for witchcraft in one day.
The articles of indictment against all of them were pretty much the same.
Those exhibited against Isobel Elliot were as follows • that about two years
ago she staid at home from the kirk at the desire of her mistress, who was a
witch, when the devil had a meeting with the prisoner, her mistress, and two
other witches ; that he kissed the prisoner, baptized her on the face with an
vvafF of his hand like a dewing, and offered to lie with her, but forbore be-
cause she was with child ; that after she was kirked the devil often met her,
and had carnal copulation with her. The prisoner and the nine other misera-
ble women underwent all the legal forms incident to their unhappy situation
among that deluded and barbarous peoide. They had been prosecuted by
his majesty's advocate; they judicially acknowledged their guilt, were con-
victed by the jury, condemned by the judges, and burned by the executioner,
for having had carnal copulation with the devil.
IMPOSTOR OF BARGARRAN.— 1696. ' .
Some years after, an impostor appeared, in the character of a person tor-
mented by witches. Christian Shaw, daughter of John Shaw, of Bargarran,
a gentleman of some note in the county of Renfrew. She is said to have been
but eleven years of age ; and her challenging one of the house-maids for
574 SUFFERERS FOR PRETENDED WITCHCRAFT.
drinking, perhaps for stealing, a little milk, which drew on her an angry
retort, was the prelude to a complicated and wonderful scene of artifice and
delusion, of fanaticism and harbarity.
In the month of August, 1696, within a few days after her quarrel with the
house-maid, the girl was seized with hysterical convulsions, which in re-
peated fits displayed that variety of symptoms which characterize this capri-
cious disease. To these, other appearances were speedily added, which could
only be attributed to supernatural influence, or to fraud and imposition. She
put out of her mouth quantities of egg-shells, orange-peel, feathers of wild,
and bones of tame fowl, hair of various colours, hot coal-cinders, straws,
crooked pins, &c.
She spoke as follows to the chief of her alleged tormentors, Catherine
Campbell, with whom she had the quarrel, and who, to use the language of
those times, was not discernibly present: "thou sittest with a stick in thy
hand to put into my mouth, but through God's strength thou shalt not get
leave : thou art permitted to torment me, but I trust in God thou shalt never
get my life. I will let thee see, Katie, there is no repentance in hell. O
what ailed thee to be a witch ! thou sayest it is but three nights since thou
wast a witch. 0, if thou wouldst repent, it may be God might give thee re-
pentance, if thou wouldst seek it, and confess ; if thou would desire me, I
would do what I could, for the devil is an ill master to serve," kc. &c.
When the sheriff-depute of the county, accompanied by a macer of justi-
ciary, came to apprehend some of the persons whom her diabolical malice
had accused, and were actually in her presence, she addressed an imaginary
and invisible correspondent thus: "Is the sheriff come] is he near me ]"
(Then stretching forth her hand, as if to grope, and the sheriff putting his
hand into hers, she proceeded :) "I cannot feel the sheriff'; how can he be
present here? or how can 1 have him by the hand, as thou sayest, seeing I
feel it not] Thou sayest he has brown-coloured clothes, red plush breeches,
with black stripes, flowered muslin cravat, and an embroidered sword-belt:
thou sayest there is an old gray-haired man with him, having a ring upon his
hand ; but T can neither sep nor fppl any of them. Wliat are they come to
apprehend the gentlewoman ] is this their errand indeed ]"
The clergy were the foremost to embrace the cause of a disciple that was
engaged in more than spiritual warfare with the grand enemy. Clergy-
men, by rotation, attended the afflicted damsel, to assist the minister of the
parish, the family of Bargarran, and other pious Christians, in the expiatory
offices of fasting and prayer. A public fast was ordained by authority of the
presbytery.
On the 19th of January, a warrant of privy council was issued, which set
forth, that there were pregnant grf)unds of suspicion of witchcraft in the shire
of Renfrew, especially from the afflicted and extraordinary condition of Chris-
tian Shaw, daughter of John Shaw, of Bargarran.
In the report which was presented on the 9th of March, the commissioners
represented that there were tvventy-four persons, male and female, suspected
and accused of witchcraft, and that further inquiry ought to be made into this
crime. Among these unhappy objects of suspicion, it is to be remarked, that
there was a girl of fourteen, and a boy not twelve years of age. Agreeable
to this report, a new warrant was issued by the privy council, to take trial
of, judge, and do justice upon the foresaid persons; and to sentence the
guilty to be burned or otherwise executed to death, as the commissioners
should incline.
The commissioners, thus empowered, were not remiss in acting under the
authority delegated to them. After twenty hours were spent in the examina-
tion of witnesses, who gave testimony that the malefices libelled could not
have proceeded from natural causes, and that the prisoners were the authors
of these malefices; after five of the unhappy prisoners confessed their own
guilt, and criminated their alleged associates; after counsel had been heard
' TRIAL BY COMBAT. ' " 575
on both sides, and the counsel for the prosecution had declared that he would
not press the jury with the ordinary severity of threatening- an assize of error,
but recommended them to proceed according to the evidence; and loudly de-
clared to them, that although they ou<iht to beware of condemning the inno-
cent, yet if they should acquit the prisoners, in opposition to legal evidence,
they would be accessary to all the blasphemies, apostasies, murders, tortures,
and seductions wherof these enemies of heaven and earth should hereafter be
guilty. After the jury had spent six hours in deliberation, seven of those
miserable persons were condemned to the flames.
The last person who was prosecuted before the lords of justiciary for witch-
craft in Scotland, was Elspeth Rule, who was tried before lord Anstruther at
the Dumfries circuit, on the 3d of May, 1709. No special act was charged
against her; the indictment was of a very general nature, that the prisoner
was habit and repute (that is, generally holden and deemed) a witch ; and
that she had used threatening expressions against persons at enmity with her,
who were afterwards visited with the loss of cattle, or the death of friends,
and one of whom run mad. The jury, by a majority of voices, found these
articles proved, and the judge ordained the prisoner to be burned on the cheek,
and to be banished Scotland for life. Tlie last person who was brought to
the stake in Scotland for the crime of witchcraft, was condemned by captain
David Ross, of Little Daan, sheriff-depute of Sutherland, A.D. 1722.
TRIAL BY COMBAT,
BETWEEN SIR JOHN ANNESLEY, KNIGHT, AND THOMAS KATRINGTON, ESQ. IN 1380.
Sir John Chandois, a famous soldier in the reign of Edward IIL, had,
for his eminent services in the French wars, a grant made him of the barony
of St. Saviour's, in the Isle of Constantino, in the dutchy of Normandy,
where he built St. Saviour's castle ; but he died without issue, leaving his
three sisters his heirs. Sir John Annesley married one of them. The com-
mand of the castle being committed to the care of Katrington, who surren-
dered it to the French, Annesley charged him, that he had sold it, being under
no necessity to give it up, and being sufficiently provided with men, ammu-
nition, and provisions ; and he offered, for want of more sufficient proof, to try
the question by combat with Katrington. Upon which, the day and place
were appointed, and all things got ready ; while the concourse of people
who came to London to see this trial, was thought to exceed that at the king's
coronation.
The 7th day of June, 1380, was the day appointed ; upon which the king,
nobility, and commonalty repaired in the morning to the lists, into which sir
John Annesley, being well armed and mounted on a fine horse, splendidly
trapped, first entered as appellant, waiting till his adversary came; and soon
after the defendant was summoned to come and defend his cause, in the fol-
lowing form : "Thomas Katrington, defendant, come and api)ear to save the
action, for which sir John Annesley, knight, and appellant, has publicly and
by writing appealed thee." Being ihus cited thrice to appear by a herald,
he carne at the third summons, likewise armed, being mounted on a horse,
with trappings embroidered with his arms.
Katrington, whose conscience was thought to be far from clear, seemed to
be in much confusion, and raised exceptions, and offered reasons, to make it
believed that he was in the right; bat the duke of Lancaster finding him
576 MAJOR SEMPLE,
thus demur, swore, that unless he would, pursuant to the rules of combat,
and the laws of arms, acquiesce, he should be forthwith executed, as guilty
of hitrh-treason. Katring-ton hearing this, said aloud, that he durst fight with
sir John upon this or any other quarrel, for he trusted, says the Chronicle,
more to the strength of his body, and the favour of his friends, than to the
cause he had undertaken to defend : for he was indeed a very lusty man,
whereas the appellant was among the least of those of a middle stature.
The appellant and defendant both, before they began the combat, were
obliged to take an oath, that the cause for which they were to fight was just
and true, and that they had nothing to do with witchcraft or magic ; nor that
they carried about them any herb or stone, or other kind of charm I When
this was done, and both had performed their devotions, they prepared them-
selves to fight, first with their spears, then with their swords, and last with
their daggers. They fought a long time, but at length the appellant disarmed
his enemy of all his weajions, and bore him down to the ground : his design
was to fall upon him, but the sweat that ran from under his helmet dazzling
his sight, he fell down at some distance from him ; which being observed by
Katrington, though he was quite spent in the action, yet he made towards the
knight, and threw himself upon him.
The king now ordered proclamation to be made, that they should proceed
no further, his majesty designing to decide between them ; but the knight en-
treated those that came to help him up, to request the king to let them lie still,
for he thanked God he was very well, and did not doubt of the victory, if they
would replace his adversary upon him in the same posture as before; but
that being not granted, they took him up, and he was no sooner upon his feet,
but he cheerfully walked to the king, without assistance ; whereas Katring-
ton could neither stand nor move without two men to support him, and there-
fore he was set in a chair to rest, and recover his strength.
Then the king and his council, finding the knight resolutely bent on trying
out the combat, decreed they both should be put into their former posture ;
the defendant in the interim was seized with a fainting fit, and fell out of his
chair, as though he would have died on the spot ; upon which, the by-stand-
ers threw wine and water into his face, and pulled ofi:' his armour and other
apparel, which was taken as a proof of the knight's victory, by the help of
God; and so it was adjudged.
Katrington soon after came to himself, opened his eyes, and held up his
head, but looked very ghastly, which being told sir John Annesley, he went
to him in his armour, and calling him traitor and a wicked perjurer, asked
him if he durst encounter with him any more; but Katrington having neither
sense nor spirit to give him an answer, proclamation was made that the com-
bat was over.
Katrington, upon being conveyed to his lodgings, was put to bed ; but he
soon went raving mad, and so continued till nine o'clock the next day, when
he expired.
JAMES GEORGE LISLE, alias MAJOR SEMPLE,
FOR STEALING.
On the ISth of February, 1795, at the sessions in the Old Bailey, major
Semple was indicted by the names of James George Lisle, alias Semple, for
stealing in the shop of Mr. Wattleworth, in Wigmore-street, one yard of
muslin, two yards of calico, and one linen shirt.
Todd, servant to Mr. Wattleworth, gave in evidence, that the prisoner
came into their shop about noon on the 10th of November, and showing two
FOR STEALING. 577
patterns, one of muslin, and the other of calico, said he wanted them matched
for Mrs. Coningham, of Egham-green; they had not exactly the same pat-
tern as the muslin : but he chose one, and a yard being cut off, and two yards
of calico, he said he would give them to the lady's servant, who was at the
door, and calling in a man, gave them to him. He then asked if Mr. Wattle-
worth was at home, saying, he wanted some shirts ; as he was showing him
some, Mr. Wattleworth came in, on which the witness left them together, but
afterwards came and took his name as lieutenant-colonel Lisle, which he en-
tered in a book, and reading that, as well as Mrs. Coningham's, at Egham-
green, to whom the muslin and calico was set down, the prisoner replied, it
was very right,
Mr. Wattleworth confirmed Todd's testimony, as to his coming in while
he was serving the prisoner, and then said, that the major stated himself to
have just arrived from the continent, and that he should want a quantity of
shirts, and wished to take one with him to consult his sister, who, he thought
would be a better judge of the linen than he was; that he would bring it
back in the morning, and then give his order. The sister he called Coning-
ham, and as the witness had a customer of that name, he made no hesitation,
but gave him the shirt under these conditions. This happened in November;
but he never saw the prisoner again until January, when he was in custody
at Bow-street,
In his cross-examination, he admitted, that he had credited a Mrs. Coning-
ham for the muslin and calico ; but that he had afterwards made every inquiry
at Egham, without being able to find that any such person lived there. He
also admitted, that after the major was in custody, some person came and
asked him, if the articles were paid for or returned, whether he would forbear
appearing against the prisoner ; but he would not say by whose authority
that person came.
This was the whole of the case, and the counsel for the prisoner contended
that they had not made out the charge of the felony, the evidence, if true,
amounting only to that of obtaining goods under false pretences; for they
had even admitted they gave credit to Mrs. Coningham for the muslin and
calico ; and as for the shirt, it appeared he had been trusted with that, and
it remained for the jury to be convinced whether he had an intention of not
returning it at the time he was so trusted, before they could convict him.
Mr. Justice Buller, who tried the cause, admitted the counsel was perfectly
right as to the calico and muslin, lor it had been repeatedly so decided in
various cases by the whole of the judges ; but he did not agree with him in
respect to the shirt, and, therefore, should leave it to the jury.
The major being called upon for his defence, begged permission to read a
few words he had put to paper, fearful that his embarrassed situation might
otherwise prevent him from saying what he wished. This paper stated, that
he did not mean to deny he had unfortunately been in that place before; but
some of the public prints had so misrepresented facts, that he had reason to
fear the minds of the jury might be so far prejudiced against him as to sup-
pose he had spent his whole life in making depredations. To prove that it
was not true, he begged to show how his latter time had been passed. On
going abroad, he found the French engaged in a war, fighting, as he thought,
iPor freedom; he entered their service, and was soon honoured with rank in
their army. This, however, at much hazard, he quitted, on their declaring
war against this country, and went over to the Austrians, with whom he for
some time served as a volunteer. The commander, noticing his exertions,
gave him a commission of no small rank, in which he continued until he was
recognised by some British officers, and it was instantly circulated through
the army, that he was the convicted Semple (he having taken upon himself
the name of Lisle). On this he was obliged to quit tliat service; but still
willing and desirous to serve, he went towards the Rhine, and obtained a
commission under the hereditary prince. He had not, however, been Ions
3 C 73 ' S
578 QUEEN EMMA,
here, when a British officer sent to the commandant, that he had been con-
demned to transportation, but without stating the time had expired. Being
thus suspected of being a runaway felon, he was taken into custody by the
police, and confined in a prison for more than five weeks, without even the
permission of pen and ink. The fact being cleared up, he was set at liberty,
but not without losing his situation ; he again, however, went into the field,
and was twice wounded. This induced him to return home, and he sent a
letter to Mr. Dundas, a copy of which he desired might be read ; but the
court thinking it irrelevant, it was not admitted. He then concluded, that
he had been thus persecuted, because he was major Semple, and which had
also brought him to that bar on that day upon a charge of which he was to-
tally innocent.
The jury, after near half an hour's consideration, brought in a verdict,
G-uilty of taking the shirt uiider false pretences.
This the judge explained was no verdict; on which, in a few minutes,
they pronounced him guilty of stealing the shirt. Not guilty upon the charge
of the muslin and calico.
He was put to the bar on the 21st, and received sentence of transportation.
He had long preyed on the public, and was a man of good address, and gen-
teel appearance.
QUEEN EMMA,
tIAL BY FIRE ORDEAL.
The most remarkable trial hyjire, recorded in English history, is that of
queen Emma. This lady was the daughter of Richard the second, duke of
Normandy, married to Ethelred, king of England, and mother of Edward the
Confessor. She had a large share in the administration of affairs during her
son's reign, and had so considerable an interest, that Goodwin, earl of Kent,
and of the West Saxons, who had been chief minister in several reigns, was
afraid of being eclipsed by her ascendancy. To get rid of this competition,
he charged tlie queen-mother with several crimes, and getting some of the
principal nobility to second his information, the king, who was a weak and
over-credulous man, made her a visit, and seized her money and estate, under
pretence that she had enriched herself by avarice and injustice. The dis-
tressed queen retired to Ahvyne, bishop of Winchester, her near relation ;
but this afforded her enemies an opportunity of heaping new calumnies upon
her. Earl Goodwin, particularly, gave out, that these visits were made to
facilitate an improper connexion.
The king, who was a saint because he was an idiot, on these reports, obliged
his mother to purge herself by undergoing the trial of fire ordeal. Robert Ge-
meticensis, archbishop of Canterbury, took upon him to impeach her, and
bishop Alwyne, of Winchester, upon three articles : —
1. That the queen consented to the death of her son Alfred.
2. That she used her endeavour to prevent her son, the then king, from
obtaining the crown.
3. That she maintained a scandalous intercourse with Alwyne, bishop of
Winchester.
For her trial upon these articles, the archbishop, in conformity to the king's
direction, convened a synod to investigate the matter, particularly the last
article.
The queen was not heard, or in any way interrogated by the assembly con-
cerning any of these charges ; but the resolution of the synod, as reported by
BY FIRE ORDEAL. 579
the archbishop was, that Emma, the queen-mother, was sentenced to go on
her bare feet over nine ploughshares heated red hot, in the presence of the
olergry and the people, in the cathedral church of Winchester, and if she re-
ceived no harm in this trial, she was to be reputed innocent : but if other-
wise, she was to undergo the punishment of death.
The unhappy queen spent the night before the ordeal in prayer at St.
Swithin's tomb, in the church, and next day, after the preparatory ceremonies,
she walked over the nine hot plough-shares unhurt, in the presence of the
king, the nobility, and clergy. She was dressed like an ordinary person,
naked to the knees, and was compelled to turn her eyes upwards. The fire,
say the assumed philosphers or chroniclers, was so far from making any im-
pression upon her, that after she had walked out of the church, and had even
trod upon all the irons, she asked when they intended to bring her to the
test]
Upon this, king Edward, lier priest-ridden son, fell upon his knees, asked
pardon, and was willing to make reparation to his injured mother and the
bishop of Winchester, by submitting to discipline. To preserve the memory
of the miracle, the ploughshares were buried in the cloister of Winchester,
and one-and-twenty manors settled upon the bishopric and church of Win-
chester, three of which were given by the king, nine by queen Emma, and as
many by the bishop himself. What a prize for the vile impostors of
priests !
In the ordeal, one pound of iron was enough for a single probation, and
three served for a triple one ; and none were to be present but such as were
fasting. The Litanies being said, the priest began his abjuration thus : —
O God, who hast done many wonders by fire, who hast delivered thy ser-
vant Abraham from being burnt by the treacherous contrivances of the Chal-
deans ; who hast suffered the bush to burn in the sight of Moses and not to be
consumed ; who hast delivered the three children from the fiery farnace of
the Chaldeans, by which many of them perished ; who having destroyed
Sodom and Gomorrah by fire, hast saved Lot thy servant and his family;
who at the coming of thy Holy Spirit hast decreed to separate the faithful
from unbelievers by the illustration of fire ; show us in this trial of
our wickedness, the power of the same Holy Spirit, by the heat of this fire
distinguish the faithful from the unbelievers ; that the guilty upon a slight
touch of the same, upon account of the crimes about which inquisition is
made, may have horror upon them, and their hands or feet in some measure
burn ; but that those who are innocent may utterly escape and come off un-
hurt, through, &c.
When this was done, holy water was given to all present to taste, and
and sprinkled over the house ; then the iron was produced, which was taken
in the presence of all by the supposed criminal, and carried for the space of
nine feet. His hand was then sealed up, kept so for three nights, and then
opened ; and if it proved sound and well, thanks were returned to God for
it; but if raw and corrupt matter was found where the iron had touched, he
was adjudged guilty.
In the trial by scalding water, the accused took a stone out of it, which
was hung into it by a string a hand's breadth, the hand being sealed up and
opened as before.
At the divorce of Lothaire king of France, and his queen Tetherga,
by whom he was afterwards poisoned, that lady underwent the trial of scald-
ing water, by proxy, and coming off without the least mark or impression,
was received by Lothaire her husband, and again cohabited with him.
The communion was also given to those who are to be put into the water.
Mass being over, the priest made holy water, and proceeded to the place
where the accused were to be tried. He then gave them some of the water
to drink, and afterwards abjured the water to which he sent the accused.
After the water had been thus exorcised, the accused put otT their clothes,
580 JOHN HORNE TOOKE,
kissed the gospel and the cross, and holy water was sprinkled over them.
All present were required to be fasting : the accused were then thrown into
the water; and if they sunk, they were reputed innocent, but if they swam
on the surface they were adjudged guilty. This vile custom prevailed among
the English, Germans, and most other nations of Europe.
JOHN HORNE TOOKE,
FOR HIGH-TREASON.
On the. 17th of November, 1794, came on the trial of Mr. John Home
Tooke. When at the bar, Mr. Tooke said it was necessary for the purposes
of his defence that he should quit the situation in which he stood, and be
near the counsel which the court had assigned to him for his defence.
The chief-justice said, that it was an indulgence he hardly ever knew given
to any person in his situation.
Mr. Tooke knew it was an unusual application ; but it was impossible for
his counsel to know several particular facts, if he had not the opportunity of
instructing them every moment ; he therefore looked upon it as his right, and
no indulgence. If they allowed him to stand by his counsel, he might have
some chance of making his defence ; but, if they kept him at the bar l^or nine
hours, as was the case of the person who stood there last, there would be no
occasion for any verdict, for that of itself would be as effectual as any sen-
tence of death that could be pronounced against him. It should be recollected,
also, that he came out of a place of close custody, part of which had been
attended with degrading and humiliating circumstances, and some of them
inhuman ones, where he had wasted his health during a sultry season ; many
returns of the year he could not expect in the course of nature, if he were
discharged now; but if ordered to remain where he now stood, he could not
expect to survive the present trial. He might, perhaps, be able to afford his
counsel such means for making his defence as would materially shorten the
trial, if the court granted the means, by granting what he now asked.
The chief-justice observed, that the prisoner had what the law regarded as
necessary means to enable him to make his defence. He had had counsel
assigned him ; they had had, or might have had, access to him at all season-
able hours ; that was what the law allowed him. He had taught the court
not to use the word indulgence, and he had taught them, too, that in their
duty they were not to give him any indulgence ; now his lordship said, that
he was apprehensive that to grant this application would be an extraordinary
indulgence, because it was a thing that was not done to any other prisoner,
who had the same stake that he had, or any other person who came to that
bar, and therefore, on that score, the court would not be jjermitted to comply
with this request ; they could not, in that view, do it without being guilty of
injustice to others; it was evident, therefore, that the court could not grant
what the prisoner asked, on the ground on which he asked it; but he had
stated another reason, which, although he grounded no motion on it, yet was
in itself extremely material, and would warrant the court in doing that which
the prisoner thought they ought not to do, namely, to grant him an indul-
gence; he had stated the condition of his health to be such, that he must
suffer much if he was ordered to remain where he stood ; the court would not
put his life in any danger on account of the place on which he stood, nor his
defence to any difficulty that could be avoided by the court; they wished him
to make his defence in the best manner imaginable; if this was likely to dis-
entangle the prisoner out of any difhculty which he felt, his lordship said, he
FOR HIGH-TREASON. 581
would put it to the judges, whether the prisoner might not be indulged, as he
asked.
Mr. Tooke said, that on the footing of indulgence, he thought he had ex-
plained himself already; but if the court should refuse it under the title
which the chief-justice was pleased to give it, they would hear his argu-
ment on the point of law in this case.
The chief-justice said, that the prisoner should state the whole of what he
had to say on this subject now, and before the court deliberated ; if he
wished to argue any point of law, the court would hear him.
Mr. Tooke said, that if he understood there was any objection on the part
of the bench to what he asked, he should be ready to argue the point, and
should desire to argue it ; it was a point on which the principle of the law
was clear; he begged leave to say, that although in his own mind he ex-
cluded the idea of any indulgence, and applied the part of the score of health,
yet he was confident that upon either he had a right to argue in favour of
the application which he now made ; but understanding, from appearance,
that the court was willing to grant the object of it, he did not think it neces-
sary to cavil on a word : he had in substance what he asked ; he should
therefore say no more upon this matter, only begging it to be understood that
he did not mean to change his ground.
The judges having consulted for half a minute, the chief-justice informed
the prisoner, that the judges present felt themselves extremely disposed to
indulge the prisoner on the score of health. Mr. Tooke thanked his lordship
for that, on account of his healthy and accordingly took his place near his coun-
sel. Much debate took place respecting the jury. When complete, Mr.
Perceval opened the pleadings. The solicitor-general then made his remarks
on the crime of high-treason.
He would, he said, attribute to the prisoner having engaged in a conspiracy
to effect a change in the sovereign power, the king, lords, and commons in
parliament assembled. He would attribute to him, for the purpose of accom-
plishing the conspiracy, that he not only quarrelled with the administration
and the frame of government, but the principles of the constitution ; and his
objections were radical and entire. He would show in the course of evi-
dence, that the prisoner conceived no government good, but such as in prin-
ciple was founded on the " Rights of Man ;" and that it was the duty of every
man to destroy that government, which differed from one so formed. To
show the opinion of the prisoner, and others of the government, he read ex-
tracts from a book written by Mr. Joel Barlow. He then adverted to the
various societies throughout England; particularly the Constitutional and
London Corresponding Societies.
The remainder of the solicitor-general's speech was a history of the min-
utes of the proceedings of these two societies down to May last, upon the
seizure of their papers, together with Mr. Hardy, secretary to the Correspond-
ing Society, and Adams (since become an evidence), secretary to the Con-
stitutional Society.
The solicitor-general afterwards entered into a minute detail of the two
societies down to the seizure of the state prisoners. He also detailed the
leading features of the proceedings of the British convention, in the midst of
which he was interrupted by
Mr. Home Tooke, who, apologizing to the court, declared, he wished but to
save their time and his own, for which he was anxious not to misunderstand
the learned counsel. He understood him to say, that all these facts he meant
to bring home to him (the prisoner) personally ; for if he did not, his obser-
vations would go for nothing.
The court agreed in this sentiment
The solicitor-general observed, he meant to prove the prisoner was in the
chair when certain resolutions were adopted. He then proceeded in his de-
3c2
582 JOHN HORNE TOOKE,
tail and comments on the proceedings of the two societies down to May-
last.
Thomas Maclane proved the seizure of the books and papers of Adams, on
the 12th of May, and said the book shown was one. Mr. W. Woodfall be-
lieved the part shown to be the handwriting of Mr. Tooke.
Daniel Adams, secretary to the Constitutional Society, was called to prove
the books, &c. He said he had been secretary for ten years past. The en-
tries were regularly made in a book ; names were frequently in the book,
though the persons were not present, because their names were entered at the
time they came into the room, although, perhaps, they did not stay. They
frequently dined together, and many members left the place after dinner; by
that means their names were entered, though not actually present. He en-
tered the proceedings from minutes handed by different people. It some-
times happened, that when a person was in the chair, after he had left it,
that another was placed in it, without its being noticed in the minutes.
He was cross-examined and re-cross-examined by Mr. Tooke.
John Thompson was called to prove, that he found in the prisoner's pos-
session the resolutions from the Manchester Constitutional Society, with let-
ters from Mr. Cooper, respecting the proposed abridgment of the " Rights
of Man," all addressed to Mr. Tooke.
On Mr. Tooke remonstrating against this kind of evidence, the court said,
that a great number of papers might be found in possession of a man in the
shape of letters directed to him ; but that, unless they led to answers given.
by the person to whom they were so directed, they would not operate against
him.
Mr. Tooke said, he never answered any letters ; and if what was directed
to him was to appear in evidence against him, there might be found among
his papers a letter from a man deranged in his senses, which would subject
him to a prosecution for blasphemy, as it ran thus, " Verily, verily, I say
unto you, that I am God the Father, God the Son, and God the H«ly Ghost."
The chief-justice told the prisoner, if he would argue against ihe strength
of all the other evidence, as he did against this, he had nothing to fear from
the present trial.
A variety of papers were read, which were produced in court on the trial
of Mr. Hardy ; also several others ; particularly a circular letter in the hand-
writing of Mr. Tooke, and signed by him, "To all the members of the Con-
stitutional Society."
Several who were witnesses for the crown on Mr. Hardy's trial, were like-
wise evidence for the same on the present occasion.
A Mr. Hull, a member of the Constitutional Society, was called on the
part of the crown, but he did not remember a single circumstance that was
asked; of course, he was quickly dismissed.
After one or two more papers were ])ut in by the counsel for the crown, the
solicitor-general acquainted the court that the evidence in support of the pro-
secution was closed.
Mr. Erskine commenced by a brief capitulation of the occurrences on
Hardy's trial ; when he had contended against the united efforts of the most
eminent gentlemen at the bar, who had been retained on the part of the
crown. He rejoiced in the success which had marked his exertions in that
trial, because he had been instrumental in the acquittal of an obscure and
innocent individual. The emotions which he then felt were no less sincere
than impressive; but if there was a defWiency of talent on his part, it was
his lot to have been very ably supported by his learned and ingenious friend,
Mr. GJbbs.
In explanation of the law of treason, Mi, Erskine referred to the same au-
thorities of Hale and Forster, as he did on the trial of Mr. Hardy. He then
endeavo»ired to explain the difference of opinion between him and the attor-
ney-general, on the construction of the law. 'I'he attorney-general confessed
FOR HIGH-TREASON. 583
that to constitute the crime of high-treason, it was necessary that the guilt
should exist in the mind ; and the evidence he adduced was meant to prove
this intent by the overt acts, disclaiming any recourse to constructive accu-
mulation, or any other kind of treason.
The charge against the prisoner was, by overt acts, attempting to over-
throw the king's government by force, and thus conspiring his death. But
before they could convict him of such offence, they must be satisfied that
force was to have been employed. Upon this point he cited the authority of
Hale, that when a man conspires the death of the king, or his imprisonment,
to gather company, or send letters in execution thereof, is an overt act of high-
treason ; but the overt act itself was not high-treason. It could go no farther
than to prove the treasonable intention.
In the present case, the attorney-general had done all that he was entitled
to do, and could prove no more than what was already before the jury ; yet
there was not the slightest evidence of any design being formed against the
king's person, however the proceedings might be thought to operate against
the government; and upon that ground he must insist that the proof most
completely failed. The convention at Edinburgh, which was the great ground-
work of the charge, was evidently assembled for the purpose of deliberating
on the means of reforming the abuses in government, and the representation
of the people in parliament, without the least intention of accomplishing the
object by force.
He was happy, on this occasion, to have that authority, which of all others
was most desirable; namely, that of the lord chief-justice Eyre himself, in
his charge to the grand jury, to show that, whether the proceedings of the
societies or the convention led to the death of his majesty or not, was not a
matter of inference, but a matter of fact, upon which the jury was to decide.
Nothing in the proceedings or publications of either breathed any such ten-
dency ; and the same learned judge had told them that no man was justi-
fiable in applying to the language of another any other meaning than that
which he professed.
By the statute of 25 Edward III. it was expressly provided, that no matter
of implication should go to a jury on a charge of this nature, but that the
prisoner must be provably attainted. He would then ask what were the
proofs brought in support of this prosecution ] Lord Hale said, that such
charges should not be made out by inference or stretches of wit ; neither would
he attempt to defend his client by wit, if he possessed any. Before so grave
a bench and on so solemn an occasion, all appearance of levity would be
indecorous, otherwise there was no part of this evidence which was not open
to the broadest ridicule. , What was become of the humane character of the
British law, if the life of a subject was to depend upon evidence too light to
pluck a feather from a sparrow's wing, and which would not be admissible
in a law-suit respecting £10.
If the jury, after hearing him in the present address, should think it neces-
sary to go into any farther evidence, he would prove to them, that major
Cartwright, a gentleman of the first character, talents, and respectability in
the kingdom, was its original founder. It had for its object a parliamentary
reform, an object, for the attainment of which the society of the Friends of
the People was since instituted ; an object by which the greatest and best
men of the country hoped to prevent unnecessary and ruinous wars ; to
remedy the abuses in the state; to prevent the increase of taxes, and guard
against the profligate expenditure of our money. It was an object which the
late earl of Chatham always had at heart, and which formed a leading fea-
ture of his character.
The duke of Richmond, whose authority in the country was deservedly
high, and who was a man not to be suspected of taking up opinions on light
or trivial grounds, had not only expressed himself an advocate for a radical
reform in the representation, but published a letter, in which he declared it
584 JOHN HORNE TOOKE,
to be indispensable, and asserted the inherent rights of the people to enforce
it. These opinions, taken up so deliberately, and so generally circulated
with such prodigious effect, that nobleman must, no doubt, still entertain,
however inopportunely he might think the present moment to be for acting
upon them.
He differed much from the noble duke respecting universal suffrage ; but
there were many who held different sentiments. The noble duke vindicated
the right of the people, to enforce the principle of universal suffrage; and the
crown lawyers of the day never brought him to account for it. Mr. Tooke
was an advocate for parliamentary reform upon a much more moderate plan,
and yet his blood was called for, while the duke of Richmond was not
thought to have offended.
Mr. Erskine made several very judicious remarks on the infamy of the spy
system. He was relieved by Mr. Gibbs. On liie fourth day Mr. Tooke
began his evidence.
The first witness called was major Cartwright, who was examined by Mr.
Erskine.
The major said, he had been a member of the society for Constitutional
Information from its first institution. One of the first members was Dr.
Jebb, &c., although they had been pleased to consider him as the father of
the society. The object of that association was to enlighten the minds of the
public, with respect to the nature of their just rights; to obtain a radical
reform in the house of commons; and to recover certain rights which they
conceived had been lost by the people.
Major Cartwright, after relating what he understood to be the great object
of the Constitutional Society, namely, a radical reform in the commons house
of parliament, said, the society had never, to his knowledge, departed from
that original object. He was a member of the society to that hour, and de-
clared, upon his oath, that they had never changed that object. He had
known the prisoner at the bar about sixteen years ; and his knowledge of him
had been very intimate. Mr. Tooke always appeared to him, from the con-
versations he had with him, to be a steady, firm, and inflexible friend to
the reform of the house of commons. That reform was the plan he then held
in his hand (the duke of Hichmond's letter).
Mr. Fox was then called, who deposed, that he remembered to have seen
Mr. Tooke at a meeting convened at the Thatched House tavern, he believed,
in the year 1785, very soon after Mr. Pitt had brought forward his motion for
a reform in parliament. Upon being asked whether ]Mr. Home Tooke sup-
ported a motion proposed in that meeting to give thanks to Mr. Pitt, for his
conduct with respect to the question of a parliamentary reform, he said, that
his recollection, at this distance of time, went rather to the substance of what
had passed at the meetings, than to the mode in which the proceedings were
conducted. Mr. Home Tooke supported the motion approving of the spe-
cific plan of reform brought forward by Mr. Pitt, which some other gentlemen,
who were present as well as himself, considered improper.
Mr. Francis and the duke of Richmond were next examined.
Mr. Tooke observed, that the indictment charged him with an intent to
depose the king by force of arms, with divers pamphlets, books, papers. Sec.
He was therefore of opinion, that any book which he had written and ac-
knowledged, was as clear an indication of his mind as any papers produced
by others, that got them from some who received them from others. The
book he wished to bring forward was one which he wrote in answer to the
duke of Richmond's letter, printed by Debrett.
Mr. Debrett was called, but did not appear; the attorney-general suggested
that the book could not be given in evidence.
Mr. Erskine contended that the prisoner's was a clear proposition, which
the court could not resist without departing from its character for justice and
consistency. It was evidence which, he persisted, could not be shut out. It
FOR HIGH-TREASON. 585
was certainly fair to produce his pamphlet, to rebut what had been said of
his being an advocate for the plan \iro;ed with so much zeal and ability by the
duke of Richmond. The chief-justice agreed on the point, that he, who
undertakes to make out a proposition for a man, which he does not acknow-
ledge, must make it out clearly. If treason is said to be in his mind, it is
considered as an overt act of the manifestation of treason, and of course he
has a right to rebut such evidence.
The right hon. William Pitt was next examined by Mr. Tooke.
A letter being put into his hand, Mr. Tooke asked him, if that letter was
his handwriting ] After looking at it, he answered, that it was.
Lord chief-justice Eyre asked, what the letter was ? Mr. Erskine replied,
that it related to the importance of the parliamentary reform.
The judge asked, what connexion that letter had with this case? Mr.
Tooke said, that letter had the same connexion with this case, that the duke
of Richmond's letter had with the case of Hardy.
His lordship observed, that the duke of Richmond's letter applied to the
case of Hardy, because Hardy professed to follow the duke of Richmond's
plan of reform, opened by Mr. Pitt in the house of commons, and on which a
meeting, according to Mr. Fox's evidence, was called at the Thatched House
tavern ; it would have been very proper evidence, had Mr. Tooke attended
that meeting, and approved of that plan. If Mr. Tooke could show that he
ever acted on that paper, he might produce it.
Mr. Tooke said, he had never followed any other plan of parliamentary re-
form, than that proposed by the right honourable gentleman ; namely, that
which was necessary to the independence of parliament, and the liberties of
the people.
Mr. Pitt being asked, by his lordship, to what description of persons his
letter was addressed 1 he answered, that he could only judge from the con-
tents of the letter, to what description of persons it was directed ; and he
thought he must have sent it to some person who acted as a chairman to a West-
minster committee. He recollected nothing more about that letter. He said,
he recollected a meeting at the Thatched House tavern, relative to a motion for
a parliamentary reform, which he had made in the house of commons, in May,
1782. He could not recollect, with certainty, who were present ; but he be-
lieved that Mr. Tooke was present.
Mr. Tooke asked, whether he (Mr. Pitt) had not recommended to endea-
vour to obtain the sense of the people throughout England, in order to be a
foundation for a future application to parliament ] He had no particular re-
collection of recommending such a measure. So far as he could recollect, it
was the general sense of the members to recommend petitions to be presented,
in the next session of parliament, with a view to reform.
Mr. Tooke hoped that his lordship would now allow him to read Mr. Pitt's
letter.
His lordship replied, that he was as far as ever from entitling him to read
that letter.
"Then your lordship, I hope," said Mr. Tooke, "will let me have it
again." — The letter was returned.
Mr. Sheridan, the rev. Mr. Wyvill, Mr. Maxfield, and the lord bishop of
Gloucester were also witnesses for the defence.
Mr. Tooke's evidence being closed, Mr. Gibbs addressed the jury in a very
able speech : the lord chief-justice then proceeded to his charge, recapitu-
lating the several addresses to the different societies, and, after a very able
and impartial speech, his lordship proceeded to comment upon the evidence
produced in behalf of the prisoner ; the result of which, together with his ob-
servations on the other parts of the case, and how the whole was borne out
by the evidence, it was solely their important province to decide ; and he
doubted not but, whatever their verdict might be, it would be satisfactory,
4??
586 JOSEPH THOMPSON HARE.
according to their consciences ; antl, being so, would be to the satisfaction of
their country.
The jury, after conferring for about ten rainutes, returned into court, and
gave their verdict, — Not Guilty.
The verdict was no sooner announced by the foreman, than it was received
with universal acclamation.
JOSEPH THOMPSON HARE,
FOR MAIL-COACH ROBBERY IN VIRGINIA, 1818.
For fourteen years Thompson's life was a connected series of extraordi-
nary and successful robberies, committed in Louisiana, Kentucky, Tennessee,
Ohio, Pennsylvania, Virginia, Maryland, Massachusetts, New York, and
New Jersey, and in Canada, and the Spanish provinces, to the amount of
about one hundred thousand dollars.
The first robbery in which he was concerned was in New Orleans, where
he, in company with some others, robbed a sea captain of his watch, worth
fifty guineas; the second was also in New Orleans, where they robbed a
French officer of a large sum of money. The third and fourth were likewise
in New Orleans ; one of which consisted of two hundred and fifty dollars,
which they took from a countryman, the other of a watch and seventeen dol-
lars ; the fifth was in the wilderness, between the Muscle Shoals and Choc-
taw nation, where Hare and two others robbed a company of four gentlemen
of about 8-8,000 in gold ; the sixth was in the Choctaw nation, where they
robbed a gentleman from St. Augustine, and one from Charleston, South
Carolina, of twelve or thirteen thousand dollars in gold ; the seventh was
also in the Choctaw nation, when he himself robbed a traveller of $2700
in gold, and a bag of silver, a watch, and a rifle ; the eighth was between
Pensacola and Baton Rouge, where they robbed a company of five travellers
of forty pounds weight of gold and some silver, amounting to upwards of
$11,000; the ninth was also between Pensacola and Baton Rouge, where
they robbed a gentleman of about $15,000 in gold ; the tenth was near Nash-
ville, Tennessee, where they robbed a traveller of $970; the eleventh was
in Franklin county, Virginia, where he himself robbed a drover of $450 and
his horse, for which he was apprehended and sentenced to eight years con-
finement in the penitentiary of Virginia, five of which he served, when he
was liberated for his good conduct; the twelfth was between New York and
Boston, where they robbed two gentlemen of $14,700, mostly in English
guineas; and in New York, Hare stole a handsome pair of carriage horses
belonging to the governor.
In Washington city he attempted to sell a horse for a man who had stolen
it, for which he was thrown into jail, where he lay for several months, when
he was released on condition that he would join the army. While in the
army he meditated delivering president Madison to admiral Cockburn, whose
fleet was then in the Patuxent, which he would have done if he could have
communicated his scheme to the admiral ; becoming dissatisfied, however,
with the army, he hired a horse and gig in Georgetown, deserted, and sold
them. The thirteenth was in Chester county, where he entered a tavern-
room, and robbed two Germans of one thousand dollars; the fourteenth was
near Lancaster, Pennsylvania, where they robbed a drover, of the name of
Scott, of eighteen hundred dollars ; the fifteenth was at a tavern about three
miles from Boston, where he robbed a man of four hundred dollars ; the six-
teenth was at Princeton, New Jersey, where he robbed a merchant of $.30,000,
for which he was tried at Summerville court-house, and sentenced to the
CIRCUMSTANTIAL EVIDENCE, 587
state prison for five years, two of which he served, when he was again libe-
rated for his good conduct ; the seventeenth and last robbery in which he
was concerned, was that of the United States mail, near Havre de Grace, of
$19,000, for which he was hung, together with John Alexander, at Baltimore.
It was their intention to have robbed both the northern and southern mails,
as both mails had to pass the spot on which the robbery was committed,
within an hour or two of the same time, but one of the company making
away with the ropes to tie the driver and passengers, they permitted the mail
to pass unmolested.
He was a man of great strength and courage, and possessed more gene-
rosity than is generally met with among robbers. He always acted as princi-
pal in the robberies in which he was concerned. The following is the con-
cluding paragraph of his confession, written by himself while in the Balti-
more jail : —
" The circumstances of our trial and sentence are already known to the
citizens of Baltimore. Since then I have been confined in a dreary dungeon,
heavily ironed, without any hopes of mercy here, but looking forward for a
crown of everlasting glory in the world to come, through the intercession of
my blessed Saviour. My offences have been great and many. For the last
fourteen years of my life I have been a highway robber, and have robbed on
a larger scale, and been more successful than any other robber in p]urope or
this country, that I have ever heard of; but I have the consolation of reflect-
ing that I never killed or wounded any man, and that no man's blood is upon
my head. I have employed myself in confinement in writing this confession,
which, I solemnly declare to the world, and will repeat under the gal/ows, is a
true and faithful history of my life and adventures, and I hope it may serve
as a caution to other persons, how they follow the same course. May the
Lord of mercy pardon and receive my soul."
CIRCUMSTANTIAL EVIDENCE.
JONATHAN BRADFORD.
.ToNATHAN Bradford kept an inn in Oxfordshire, on the London road to
Oxford, in the year 1736. He bore an unexceptionable character. Mr. Hayes
a gentleman of fortune, being on his way to Oxford, on a visit to a relation,
put up at Bradford's ; he there joined company with two gentlemen, with
whom he supped, and in conversation unguardedly mentioned that he had
then about him a large sum of money. In due time they retired to their
respective chambers ; the gentlemen to a two-bedded room, leaving, as is
customary with many, a candle burning in the chimney corner. Some hours
after they were in bed, one of the gentlemen being awake, thought he heard
a deep groan in the adjoining chamber, and this being repeated, he softly
awaked his friend. They listened together, and the groans increasing as of
one dying, they both instantly arose, and proceeded silently to the door of the
next chamber, from whence they heard the groans ; and the door being ajar,
saw a light in the room; they entered, but it is impossible to paint their
consternation, on perceiving a person weltering in his blood in the bed, and
a man standing over him, with a dark lanthorn in one hand and a knife in the
other. The man seemed as petrified as themselves, but his terror carried with
it all the terror of guilt ! The gentlemen soon discovered the person was a
stranger with whom they had that nigrht supped, and that the man who was
standing over him was their host. They seized Bradford directly, disarmed
588 CIRCUMSTANTIAL EVIDENCE.
him of his knife, and charged him with being- the murderer: he assumed by
this time the air of innocence, positively denied the crime, and asserted that
he came there with the same humane intentions as themselves ; for that,
hearing a noise, which was succeeded by a groaning, he got out of bed, struck
a light, armed himself with a knife for his defence, and was but that minute
entered the room before them.
These assertions were of little avail ; he was kept in close custody till the
morning, and then taken before a neighbouring justice of the peace. Brad-
ford still denied the murder, but nevertheless, with such an apparent indica-
tion of guilt, that the justice hesitated not to make use of this extraordinary
expression, on writing out his mittimus, " Mr. Bradford, either you or myself
committed this murder."
This extraordinary affair was the conversation of the whole county. Brad-
ford was tried and condemned over and over again, in every company. In
the midst of all this predetermination came on the assizes at Oxford ; Brad-
ford was brought to trial, he pleaded not guilty. Nothing could be more
strong than the evidence of the two gentlemen ; they testified to the finding
Mr. Hayes murdered in his bed ; Bradford at the side of the body with a light
and a knife; that knife, and the hand which held it, bloody; that on their
entering the room he betrayed all the signs of a guilty man, and that a few
moments preceding, they had heard the groans of the deceased.
Bradford's defence on his trial was the same as before the gentleinen : he
had heard a noise ; he suspected some villany transacting ; he struck a light;
he snatched a knife (the only weapon near him) to defend himself; and the
terrors he discovered were merely the terrors of humanity, the natural
effects of innocence as well as guilt, on beholding such a horrid scene.
This defence, however, could be considered but as weak, contrasted with
several powerful circumstances against him. Never was circumstantial evi-
dence more strong. There was little need left of comment from the judge
in summing up the evidence. No room appeared for extenuation I And the
jury brought in the prisoner guilty, even without going out of the box.
Bradford was executed shortly after, still declaring he was not the murderer,
nor privy to the murder of Mr. Hayes; but he died disbelieved by all.
Yet were those assertions not untrue ! The murder was actually committed
by Mr. Hayes's footman; who, immediately on stabbing his master, rifled
his breeches of his money, gold watch, and snuff-box, and escaped to his own
room ; which could have been, from the after circumstances, scarcely two
seconds before Bradford's entering the unfortunate gentleman's chamber.
The world owes this knowledge to a remorse of conscience in the footman
(eighteen months after the execution of Bradford) on a bed of sickness ; it
was a death-bed repentance, and by that death the law lost its victim.
It is much to be wished, that this account could close here; but it cannot.
Bradford, though innocent, and not privy to the murder, was, nevertheless,
the murderer in design. He had heard, as well as the footman, what Mr.
Hayes had declared at supper, as to his having a large sum of money about
him, and he went to the chamber with the same diabolical intentions as the
servant. He was struck with amazement ! — he could not believe his senses !
— and in turning back the bed-clothes, to assure himself of the fact, he, in
his agitation, dropped his knife on the bleeding body, by which both his hand
and the knife became bloody. These circumstances Bradford acknowledged
to the clergyman who attended him after his sentence.
JAMES CROW.
In the year 1727, Thomas Geddely lived as a waiter with Mrs. Hannah
Williams, who kept a public-house at York. It being a house of much busi-
ness, and the mistress very assiduous therein, she was deemed in wealthy
circumstances. One morning her scnitoire was found broke open and robbed ;
and Thomas Geddely disappearing at the same time, there was no doubt left
*>
CIRCUMSTANTIAL EVIDENCE. 589
as to the robber. About a twelvemonth after, a man calling himself .Tames
Crow came to York, and worked a few days for a precarious subsistence,
in carrying goods as a porter. By this time he had been seen by many, who
accosted him as Thomas Geddely. He declared he did not know them ; that
his name was James Crow, and that he never was at York before. This was
held as merely a trick, to save himself from the consequences of the robbery
committed in the house of Mrs. Williams, when he lived with her as a waiter.
He was apprehended, his mistress sent for; and, in the midst of many
people, instantly singled him out, called him by his name, Thomas Geddely,
and charged him with his unfaithfulness and ingratitude in robbing her.
He was directly taken before a justice of the peace ; but, on his examina-
tion, absolutely affirmed that he was not Thomas Geddely, that he knew no
such person, that he never was at York before, and that his name was James
Crow. Not, however, giving a good account of himself, but rather admitting
himself to be a petty rogue and vagabond, and Mrs. Williams and another
swearing positively to his person, he was committed to York Castle for trial,
at the next assizes.
On arraignment, he pleaded not guilty ; still denying that he was the
person he was taken for. But Mrs. Williams and some others swearing that
he was the identical Thomas Geddely who lived with her when she was
robbed, and who went off immediately on the commitment of the robbery;
and a servant girl deposed, she saw the prisoner that very morning in the
room where the scrutoire was broke open, with a poker in his hand ; and the
prisoner being unable to prove an alibi, he was found guilty of the robbery.
He was soon after executed, but persisted to his latest breath, that he was
not Thomas Geddely, but that his name was James Crow ; and so it proved :
for some time after the true Thomas Geddely, who, on rr.bbing his mistress,
had fled from York to Ireland, was taken up in Dublin for a similar offence,
and there condemned and executed. Between his conviction and execution,
and again at the fatal tree, he confessed himself to be the very Thomas
Geddely who had committed the robbery at York, for which the unfortunate
James Crow had been executed !
We must add, that a gentleman, an inhabitant of York, happening to be in
Dublin at the time of Geddely's trial and execution, and who knew him when
he lived with Mrs. Williams, declared, that the resemblance between the
two men was so exceedingly great, that it was next to impossible for the
nicest eye to have distinguished their persons asunder.
JOHN JENNINGS.
A gentleman, travelling to Hull, was stopped late in the evening, about
seven miles short of it, by a single highwayman, with a mask on, who robbed
him of a purse containing twenty guineas. The highwayman rode off a
different road, full speed, and the gentleman pursued his journey. It, how-
ever, growing late, and he being already much affrighted and agitated at
what had passed, he rode only two miles farther, and stopped at the Bell Inn,
kept by Mr. James Brunell. He went into the kitchen to give directions for
his supper, where he related to several persons present his having been
robbed ; to which he added this peculiar circumstance, that when he travelled
he always gave his gold a particular mark ; that every guinea in the purse
he was robbed of, was so particularly marked ; and that, most probably, the
robber, by that means, would be detected. Supper being ready, he retired.
He had not long finished his supper, before Mr. Brunell came into the par-
lour. After the usual inquiries of landlords, of hoping the supper and every
thing was to his liking, &c. &c. " Sir," says he, "I understand that you
have been robbed, not far from hence, this evening." — " I have, sir." — "And
that your money was all marked V — " It was." — "A circumstance has arisen
which leads me to think that I can point out the robber." — " Indeed !" —
" Pray, sir, what time in the evening was it ]" — " It was just setting
590 CIRCUMSTANTIAL EVIDENCE.
in to be dark." — " The time confirms my suspicion !" Mr. Brunei! then
informed the gentleman that he had a waiter, one John Jennings, who had,
of late, been so very full of money at times, and so very extravagant, that he
had had many words with him about it, and had determined to part with him
on account of his conduct being so very suspicious; that, long before dark
that day, he had sent him out to change a guinea for him, and that he had
only come back since he (the gentleman) was in the house, saying, he could
not get change ; and that Jennings being in liquor, he had sent him to bed,
resolving to discharge him in the morning. Tiiat, at the time he returned
him the guinea, he (Mr. Brunei!) did not think it was the same which he had
given him to get silver for, having perceived a mark upon this, which he was
very clear was not upon the other ; but that, nevertlieless, lie should have
thought no more of the matter, as Jennings had so frequently gold of his own
in his pocket, had he not afterwards heard (for he was not present when the
gentleman was in his kitchen relating it) the particulars of the robbery, and
that the guineas, which the highwayman had taken were all marked : that,
however, a few minutes previously to his having heard this, he had unluckily
paid away the guinea which Jennings returned him, to a man who lived some
distance off, and was gone ; but the circumstance of it struck him so very
strongly, that he coufd not, as an honest man, refrain from giving this
information.
Mr. Brunell was thanked for his attention and public spirit. There was
the strongest room for suspecting of Jennings ; and if, on searching him, any
of the marked guineas should be found, as the gentleman could swear to them,
there would then remain no doubt. It was now agreed to go softly up to his
room : Jennings was fast asleep ; his pockets were searched, and from one
of them was drawn forth a purse, containing exactly nineteen guineas. Sus-
picion now became demonstration, for the gentleman declared them to be
identically those which he had been robbed of! Assistance was called,
Jennings was awaked, dragged out of bed, and charged with the robbery.
He denied it firmly, but circumstances were too strong to gain him belief.
He was secured that night, and the next day carried before a neighbouring
justice of the peace. The gentleman and IMr. Brunell deposed the facts on
oath : and Jennings having no proofs, nothing but mere assertions of inno-
cence to oppose them, which could not be credited, he was committed to take
his trial at the next assizes.
So strong were the circumstances known to be against him, that several of
his friends" advised him to plead guilty on his trial, and to throw himself on
the mercy of the court. This advice he rejected, and, when arraigned,
pleaded not guilty. The prosecutor swore to his being robbed ; but that, it
being nearly dark, the highwayman in a mask, and himself greatly terrified,
he could not swear to the prisoner's person, though he thought him of much
the same stature as the man who robbed him. To the purse and guineas,
which were produced in court, he swore — as to the purse, positively — and as
to the marked guineas, to the best of his belief, and that they were found in
the prisoner's pocket.
The prisoner's master, Mr. Brunell, deposed to the fact, as to the sending
of the prisoner to change a guinea, and of his having brought him back a
marked one in the room of one he had given him unmarked. He also gave
evidence as to the finding of the purse, and the nineteen marked guineas in
the prisoner's pocket. And, what consummated the proof, the man to whom
Mr. Brunei] paid the guinea produced the same, and gave testimony to the
havino- taken it that night in payment of the prisoner's master. Mr. Brunell
gave evidence of his having received of the prisoner that guinea, which he
afterwards paid to this last witness. And the prosecutor, comparing it with
the other nineteen found in the pocket of the prisoner, swore to its being, to
the best of his belief, one of the twenty guineas of which he was robbed by
the highwayman.
CIRCUMSTANTIAL EVIDENCE. 591
The judge, on summing up the evidence, remarked to the jury, on all the
concurrino- circumstances against the prisoner; and the jury, on this strong
circumstantial evidence, without going out of court, brought in the prisoner
guilty. Jennings was executed some little time after at Hull, repeatedly
declaring his innocence to the very moment he was turned off. This happened
in the year 1742.
Within a twelvemonth after, lo ! Brunell, Jennings's master, was himself
taken up for a robbery done on a guest in his own house ; and, the fact being
proved on his trial, he was convicted, and ordered for execution. The ap-
proach of death brought on repentance, and repentance confession. Brunell
not only acknowledged the committing of many highway robberies, for some
years past, but the very one for which poor Jennings suffered !
The account he gave was, that he arrived at home by a nearer way and
swifter riding, some time before the gentleman got in who had been robbed.
That he found a man at home waitiug, to whom he owed a little bill, and that
not having quite enough loose money in his pocket, he took out of the purse
one guinea, from the twenty he had just got possession of, to make up the
sum ; which he paid, and the man went his way. Presently came in the
robbed gentleman, who, whilst Brunell was gone intp the stables, and not
knowing of his arrival, told his tale, as.belsj-e rellited, in the kitchen. The
gentleman had scarcely left the kitchen'liefofe Brunell entered it ; and being
there informed amongst other circumstant'es of the marked guineas, he was
thunder-struck ! Having paid one of them away, and not daring to apply for
it again, as the affair of the robbery and marked guineas would soon become
publicly known — detection, disgrace, and ruin appeared inevitable. Turning
in his mind every way to escape, the thought of accusing and sacrificing poor
Jennings at last struck him. The rest the reader knows.
THOMAS HARRIS.
Thomas Harris kept the Rising Sun, a public house, about eighteen miles
from York, on the road to Newcastle. Harris had a man and maid-servant :
the man, whose name was Morgan, he kept in the threefold capacity of
waiter, hostler, and gardener. James Gray, a blacksmith, travelling on foot
to Edinburgh, stopped at Harris's, supped, and lay there. Early in the
morning, Morgan went secretly to a neighbouring magistrate, and gave in-
formation that his master, Harris, had just then murdered the traveller, James
Gray, in his bed. A warrant was issued, and Harris was apprehended.
Harris positively denied the charge, and Morgan as positively affirmed it;
deposing, that he saw Harris on the stranger's bed, strangling him, but that
he came too late to save him ; and that Harris's plea was, the deceased was
in a fit, and he was only assisting him. IMorgan further deposed, that he in-
stantly retired, and made a feint as if going down-stairs, but creeping up very
softly to an adjoining room, he there, through a key-hole, saw his master
rifling the breeches of the deceased.
Harris peremptorily denied every part of this story from the beginning to
the end ; and the body having, by order of the magistrate, been inspected,
and no mark of violence appearing thereon, Harris was nearly on the point
of being discharged, when the maid-servant desired also to be sworn. She
deposed, that almost directly after her master came down in the morning, as
she must conceive, from the traveller's room, she saw him go into the garden
(being unknown to her master, in a back wash-house which overlooked it),
saw him take some gold out of his pocket, wrap it up in something, and bury
it at the foot of a tree, in a private corner of the place.
Harris turned pale at the information ! He would give no direct answer as
to the circumstance of the money ! A constable was despatched with the
girl, and the cash, to the amount of upwards of thirty pounds, was found !
The accused acknowledged the hiding of that money, but he acknowledged
it with so many hesitations, and answered every question with such an un-
592 CIRCUMSTANTIAL EVIDENCE.
willingness, such an apparent unopenness, that all doubts of his guilt were
now done away, and the magistrate committed him for trial.
Harris was brought to the bar at York summer assizes, which happened
about a week after his commitment, in 1C4'2, Morgan deposed the same as
when before the justice. The maid-servant and the constable deposed to the
circuinstcmce of the money ; the first, as to the prisoner's hiding, and both as
to the finding of it. And the magistrate gave testimony to the confusion and
hesitation of Harris on the discovery of, and being questioned about, the
hiding of tlie money.
Harris, on his defence, endeavoured to invalidate the charge by assertions,
that the whole of Morgan's evidence was false ; that the money which he
buried was his own property, honestly come by, and buried there for his
better security ; and that his behaviour before the magistrate on this par-
ticular, arose from the shame of acknowledging his natural covetousness —
not from any consciousness of guilt. The judge then summed up the evi-
dence, remarking strongly on the circunidunce of the hiding of the money,
and the weakness of the prisoner's reasons for his so hiding of it; and the
jury, just consulting together for two ruinutes, brought in their verdict —
Harris was executed pursuant to his sentence, persevering in his declara-
tions of innocence, but desiring all persons to guard against the effects of an
avaricious disposition: for it was that sordidness of temper which had led
him, he said, into general distrustfulness, and that into the expedient of
hiding his money ; which circiimttance had alone furnished the means to his
enemies (for what reason they were so, he said, he knew not, but whom he
forgave) for bringing him to an ignominious death.
The truth of the fact at last came out: Harris was indeed entirely inno-
cent ! Morgan and the maid were not only fellow-servants, but sweethearts.
Harris's suspecting covetous temper was well known to both, and the girl
once, by accident, perceiving her master burying something, discovered the
circumstance to Morgan ; he, acting as gardener, took an opportunity when
at work to dig for it : it proved to be five guineas ; he left it, and informed
the girl of it. They settled it not to touch the money, but to keep watching
their master, as they had no doubt but he would add to it; and, when it arose
to a good sum, they agreed to plunder the hiding place together, marry, and
with the spoil set up in some way of business. As they imagined, so it
happened ; they got several occasions to see the stock increasing, but (equally-
covetous with their master) the golden harvest was not yet ripe.
One day in a quarrel, Harris strikes his man Morgan several times. Mor-
gan determines on revenge : at this fatal ])eriod arrives James Gray. Morgan
finds him next morning dead in his bed. The diabolical thought strikes
Morgan of first charging Harris with the murdering and robbing of Gray,
and then of plundering his master's hiding place, whilst he (the master) shall
be in prison. Morgan communicates this intention to the maid : she approves
of it; they consult and fix on the plan, and Morgan gives the information to
the magistrate, as before related. The girl, unexpectedly, finds the accusa-
tion not sufficiently supported, and fears that her sweetheart, of whom she is
fond, will be punished for perjury, if her master is released; who indeed,
unfortunately, had just hinted as much before the justice. The expedient,
in a moment, strikes her to sacrifice the hidden money, and with it her master,
to the safety of her paramour ; and the idea, as the reader already knows,
fatally succeeds.
The whole of this stupendous piece of wickedness came to light in the
beginning of the year 1G43, on a quarrel between IMorgan and the girl, who,
after the death of Harris, had lived together as man and wife. They were
taken up in consequence, and committed to prison, but escaped the public
punishment due to their crime, by both of them dying of a jail disease.
Harris's innocence became afterwards further illustrated, by its being found
CIRCUMSTANTIAL EVIDENCE. 593
out that James Gray, the supposed murdered person, had haa two attacks of
an apoplexy some months previous to his death, and that he was never
master of five pounds at one time in his life.
WILUAM SHAW.
William Shaw was an upholsterer, at Edinburg-h, in the year 1721. He
had a daughter, Catherine Shaw, who lived with him. She encouraged the
addresses of John Lawson, a jeweller, to whom William Shaw declared the
most insuperable objections, alleging him to be a profligate young man, ad-
dicted to every kind of dissipation. He was forbidden the house ; but the
daughter continuing to see him clandestinely, the father, on the discovery,
kept her strictly confined.
William Shaw had, for some time, pressed his daughter to receive the ad-
dresses of a son of Alexander Robertson, a friend and neighbour ; and one
evening, being very urgent with her thereon, she peremptorily refused, declar-
ing she preferred death to being young Robertson's wife. The father grew
enraged, and the daughter more positive; so that the most passionate expres-
sions arose on both sides, and the words, " 6a?'i«ri7y, crwe/Zy, and rfw/ZA,"
were frequently pronounced by the daughter ! At length he left her, locking
the door after him.
The greatest part of the buildings at Edinburgh are formed on the plan of
the chambers in our inns of court ; so that many families inhabit rooms on
the same floor, having all one common staircase. William Shaw dwelt in
one of these, and a single partition only divided his apartment from that of
James Morrison, a watch-case maker. This man had indistinctly overheard
the conversation and quarrel between Catherine Shaw and her father, but was
particularly struck with the repetition of the above words, she having pro-
nounced them loudly and emphatically ! For some little time after the father
was gone out, all was silent, but presently Morrison heard several groans
from the daughter. Alarmed ! he ran to some of his neighbours under the
same roof These, entering Morrison's room, and listening attentively, not
only heard the groans, but distinctly heard Catherine vShaw, two or three
times, faintly exclaim — " Cruel father, thou art the cause of my death /"
Struck with this, they flew to the door of Shaw's apartment ; they knocked —
no answer was given. The knocking was still repeated — still no answer.
Suspicions had before arisen against the father ; they were now confirmed :
a constable was procured, an entrance forced ; Catherine was found weltering
in her blood, and the fatal knife by her side ! She was alive, but speechless ;
but, on questioning her as to owing her death to her father, was just able to
make a motion with her head, apparently in the affirmative, and expired.
Just at the critical moment, William Shaw returns and enters the room.
All eyes are on him ! He sees his neighbours and a constable in his apart-
ment, and seems much disordered thereat ; but at the sight of his daughter
he turns pale, trembles, and is ready to sink. The first surprise, and the suc-
ceeding horror, leave little doubt of his guilt in the breasts of the beholders;
and even that little is done away on the constable discovering that the shirt
of William Shaw is bloody.
He was instantly hurried before a magistrate, and, upon the depositions of
all the parties, committed to prison on suspicion. He was shortly after
brought to trial, when, in his defence, he acknowledged the having confined
his daughter to prevent her intercourse with Lawson ; that he had frequently
insisted on her marrying of Robertson ; and that he had quarrelled with her
on the subject the evening she was found murdered, as the witness Morrison
had deposed : but he averred, that he left his daughter unarmed and un-
touched ; and that the blood found upon his shirt was there in consequence
of his having bled himself some days before, and the bandage becoming un-
tied. These assertions did not weigh a feather with the jury, when opposed
to the strong circumstantial evidence of the daughter's expressions, of " bar-
3 D 2 75
594 CIRCUMSTANTIAL EVIDENCE.
barity, cruelty, death," and of " cruel father, thou art the cause of my death,"
too-ether with that apparently affirmative motion with her head, and of the
blood so seemintjly providentially discovered on the father's shirt. On these
several concurring- circumstances, was William Shaw found guilty, was exe-
cuted, and was hanged in chains, at Leith Walk, in November, 1721.
Was there a person in Edinburgh who believed the father guiltless 1 No,
not one ! notwithstanding his latest words at the gallows were, "I am inno-
cent of my daughter's murder." But in August, 1722, as a man, who had
become the possessor of the late William Shaw's apartments, was rumma-
ging by chance in the chamber where Catherine Shaw died, he accidentally
perceived a paper fallen into a cavity on one side of the chimney. It was
folded as a letter, which, on opening, contained the following: — "Barbarous
father, your cruelty in having put it out of my power ever to join my fate to
that of the only man I could love, and tyrannically insisting upon my marry-
ing one whom I always hated, has made me form a resolution to put an end
to an existence which is become a burthen to me. I doubt not I shall find
mercy in another world ; for sure no benevolent being can require that I should
any longer live in torment to myself in this ! My death I lay to your charge :
when you read this, consider yourself as the inhuman wretch that plunged
the murderous knife into the bosom of the unhappy — Catherine Shaw."
This letter being shown, the handwriting was recognised and avowed to
be Catherine Shaw's, by many of her relations and friends. It became the
public talk; and the magistracy of Edinburgh, on a scrutiny, being con-
vinced of its authenticity, they ordered the body of William Shaw to be taken
from the gibbet, and given to his family for interment; and, as the only repa-
ration to his memory and the honour of his surviving relations, they caused a
pair of colours to be waved over his grave, in token of his innocence.
RICHARD CARLILE,
• '^'» FOR A LIBEL, — OCTOBER 15, 1819.
This was an action brought by the attorney-general against the defendant,
for the republication of Thomas Paine's Age of Reason, formerly adjudged
to be a blasphemous libel. The cause excited general interest, and at an
early hour the court was crowded to excess.
Mr. Carlile conducted his own defence without the assistance of counsel.
Before the cause commenced, he objected to the competency of the tribunal,
not beino- aware, he said, of any law on which the present prosecution could
be maintained.
The attorney-general, in opening the cause, replied to the assertion of the
defendant that the present information was founded on no law. Christianity,
he said, was a part of the law of the land, and to deny or revile it was pun-
ishable both by the common law and by several express statutes; and cited
several cases in support of this declaration.
Mr. Carlile, in his defence, stated truth to be his only object in the publi-
cation; and expressed his conviction that such publication was essential to
the interest and welfare of the country. His fellow-citizens, he said, were
now fully prepared to discuss the subject; indeed, it was only by perusing
such works as these that the minds of the public could be perfectly enlight-
ened. The sentiments of his own breast, he should state, were in unison
with those of Paine, and his religion consisted in the avowal of them. He
then entered into a defence of these sentiments, which he affirmed to be free
from any immoral tendency ; and he proceeded to read aloud nearly the whole
work, accompanying it with comments.
FOR LIBEL. 595
After eleven hours, the lord chief- justice, at the request of the defendant,
adjourned the court to the follovviiior day.
The defendant, on resuming his defence, undertook to prove, by reading
passages from the Scriptures themselves, that the charges brought against
them by Paine were founded in truth; but he was interrupted by the chief-
justice, who informed him that it was not competent to the court to try the
merits of the Christian religion, and that such a line of defence was utterly
inadmissible. He was, however, permitted to read a variety of extracts from
various controversial works, for the purpose, either of supporting the opinions
of Paine, or of showing- that similar opinions, expressed by others, had
escaped prosecution. He likewise endeavoured to show that a recent act for
the relief of the Unitarians, ought to protect this work from legal cognizance.
The court again adjourned to enable him to conclude his defence.
On the third day of the trial, Mr. Carlile read a number of passages from
various works, in favour of the unlimited toleration of religious discussion.
He desired to be permitted to call the archbishop of Canterbury, the high-
priest of the .lews, and the leaders of various sects of Christians, to show
the discrepancies of their religious belief.
The chief-juslice informed him, that such testimony would be at once inad-
missible and unavailing ; and in consequence, some witnesses to the general
character of the defendant were alone summoned.
After a reply from the attorney-general, the chief-justice summed up. The
jury returned a verdict of Guilty.
On October 15, Mr. Carlile was tried. for publishing Palmer's Principles
of Nature. Mr. Marryat, for the prosecution, stated, that this was an indict-
ment against the defendant for having published a certain scandalous, im-
pious, blasphemous, and profane libel, of and concerning the Holy Scriptures
and the Christian religion, to which the defendant had pleaded not guilty.
Mr. Gurney, on the same side, said, that this was a prosecution instituted
by the Society for the Suppression of Vice.
The defendant has been pleased to enter his protest against the competency
of the court to try the question. If such protests as these were to be tole-
rated, he knew not what offenders might not, in future, unblushingly defy
the authority of the courts of his country to take cognizance of any offence
imputed to him. He supposed that they would be asked to-day, as they had
been before, by what law the defendant was to be tried. The answer was,
that he was to be tried by the ancient, the well-known, the universally recog-
nised common-law of England.
The book which was imputed as a libel to the defendant, was entitled
"Principles of Nature; or, a Developement of the Moral Causes of Happi-
ness among the Human Species." It professed to be by Elihu Palmer, and
the imprint stated, that it was printed in America, but reprinted and publish-
ed in London, by R. Carlile, 55, Fleet-street. It was enough that he found
the defendant openly publishing it with his own hand ; and as it would be
his business to show to them, publishing it with no other purpose than that
charged in the indictment ; the profane and wicked purpose of reviling the
Christian religion and Holy Scriptures.
A witness was then brought, who proved the purchasing of the work of
the defendant in person.
Mr. Carlile afterwards spoke, at some length, in his own defence. " The
learned gentleman," he said, "has stated that this was a prosecution insti-
tuted by the Society for the Suppression of Vice. Until last night, gentlemen,
I never knew who my prosecutors were ; nor do I believe I should then have
become acquainted with their name, but for the verdict of yesterday. He
has told you that the gentlemen of this society have conferred many benefits
on the country; and, in some instances, I admit it; but they have carried
their inquisitorial conduct too far. In the preventing the sale of obscene
books and prints, I think the society has acted laudably, as these are demo-
596 RICHAKD CARLILE, FOR LIBEL.
ralizing to all persons, of all ages, and of both sexes. But are they justified
in going so far as to become censors of the press, and to judge of books on
matters of opinion 1 Gentlemen, I am no hypocrite; T avow myself a Deist,
believing in one God, independent of books, or the opinion of others. This,
it must be admitted, is, in the abstract, a matter of opinion only. If, gentle-
men, your religious opinions are different from mine, you will doubtless dis-
approve and condemn them. By the laws of the country, a foreigner is
entitled to have one-half of the jury his countrymen, or at least of foreign-
ers ; but it is not so with me; I am to be tried by a jury of opinions oppo-
site to my own, and I am not allowed to justify mine. How far it is neces-
sary that books should be shielded from examination by law, or that courts
of justice should take cognizance of such an examination, and not allow the
defendant to state his reasons, I will not pretend to determine. The learned
gentleman has atteinpted to screen the attorney-general from the charo-e I
made against hiin of wishing to excite prejudices against me; but he has
failed. He has also stated, that the book I am charged with publishing, was
purchased at the office of the Bepuhlicun (iml Deist. Now, gentlemen, this is
a falsehood, as my shop bore no such designation until long after this indict-
ment was laid against me. He calls me an offender; this, at least, was not
decent in your presence; for although the indictment charges me with an
offence, yet I ought not to be branded as an offender until I have entered into
that defence of my conduct, which I am. this day, determined to do ; and no
other judge but yourselves, gentlemen, shall interrupt me; and if I am told
by you that I shall not make such defence, then will the verdict you may
give against me be irregular and impure. But the learned g^tleman has
gone further, and compared the publication of a book as equal in offence to
that of murder, tliet"t, or pocket picking. Is there the slightest analogy 1 A
book is submitted to the public, to be purchased by them or not, at their
option ; and if they read it, they may approve or discard it. They are not
deprived of any thing by the act, except the price of the book, and this, on
their part, was voluntary."
After pleading, that the act by which impugners of the Trinity were re-
lieved froin responsibility, ought to protect him also, the defendant proceeded
to read and comment upon the work in question. Having listened for some
time, the jury expressed, through their foreman, their unanimous opinion,
that Mr. Carlile was pursuing a very improper mode of defence, and after
consulting about two minutes, returned a verdict of Guilty.
On November IG, the attorney-general prayed for the judgment of the
court on Richard Carlile, when an affidavit was put in, stating the number
of copies of Paine's Age of Reason, sold by him, to be 3000, at half a guinea
a copy. After some legal objections to the conviction had been urged by Mr.
Denman, but overruled by the court; and after the defendant had spoken once
more in his own behalf, and the attorney-general had replied, judgment was
pronounced by Mr. .lustice Bayley in the following words :
"The sentence of the court upon yon, Richard'Carlile, is, that for the first
offence of which you have been found guilty, the publication of Paine'' s .^Ige
of Reason, you pay a fine to the king of £1000, and be imprisoned in the
coimty jail of Dorset, in the town of Dorchester ; and that for the second
offence, the publication of Palmer'' s Principles of Nature, you pa}' a further
fine of £500, and be further imprisoned for one year in the said jail of Dor-
chester. And that you be further imprisoned until those fines are paid, and
also until you give security yourself, in £1000, and two others in the sum of
£100 each, that you be of the peace and good behaviour for the term of your
natural life."
The sheriffs, Rothwell and Parkins, instantly levied the fines by seizing
on Carlile's stock.
THE END.
J^^
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