Chapter XXVI: Part 26

Cotton was more tender and more penitent, expressed great sorrow for his numerous offences, and besought Almighty God to accept of a sincere, though late repentance. They both of them protested that their wives had not anything to do with their affairs, that they never advised them, nor were so much as privy to the offences they had committed. Then both of them suffered with much penitence and resignation, on the 24th of March, 1729, Marple being about thirty, and Cotton near twenty-five years of age.

FOOTNOTES:

[84] See page 182.

The Life of JOHN UPTON, a Pirate; including also the history of that sort of people, particularly the crew under Captain Cooper, in the _Night Rambler_

No laws in any civilized nations are more severe than those against piracy, nor are they less severely executed, and the criminals who suffer by them are usually the least pitied, or rather the most detested of all who come to die an ignominious death by the sentence of the Law. Of old they were styled _hostes humani generis_, and the oldest systems we have of particular institutions have treated them with a rigor suitable to their offence. With respect to those who fall into the hands of British justice, it must be remarked that they usually plead as an excuse for what they have done their being forced into pirates' service, and as it is well known that numbers are really forced into crimes they detest, so the lenience of our judicators generally admit whatever proofs are probable in such a case. But where the contrary appears, and the acts of piracy plainly arise from the wicked dispositions of the offenders, the Royal Mercy is less frequently extended to them than to any other sort of criminal whatever.

As to the prisoner of whom we are to speak, John Upton was born at Deptford, of very honest parents who gave him such an education as fitted their station, and that in which they intended to breed him. When grown up to be a sturdy youth, they put him out apprentice to a waterman, with whom he served out his time faithfully, and with a good character. Afterwards he went to sea and served for twenty-eight years together on board a man-of-war, in the posts of either boatswain or quartermaster. Near the place of his birth he married a woman, took a house and lived very respectably with her during the whole course of her life, but she dying while he was at sea, and finding at his return that his deceased wife had run him greatly in debt, clamours coming from every quarter, and several writs being issued out against him, he quitted the service in the man-of-war, and went immediately in a merchantman to Newfoundland. There by agreement he was discharged from the ship and entered himself for eighteen pounds _per annum_ into the service of a planter in that country in order to serve him in fishing and furring, the chief trade of that place; for Newfoundland abounding with excellent harbours, there is no country in the world which affords so large and so plentiful a fishery as this does. However its climate renders it less desirable, it being extremely hot in the summer and as intensely cold in the winter, when the wild beasts roam about in great numbers, and furnish thereby an opportunity to the inhabitants of gaining considerably by falling them, and selling their furs.

Upton having served his year out was discharged from his master, and going to New England, he there, in the month of July, 1725, shipped himself on board the _Perry_ merchantman bound for Barbadoes. The ship was livred and loaded again, the captain designing them to sail for England, whereupon Upton desired leave to go on board his Majesty's ship _Lynn_, Captain Cooper. But Captain King absolutely refusing to discharge him in order thereto, on the ninth of November, 1725, he sailed in the aforesaid vessel for England.

On the twelfth of the same month, off Dominica, they were attacked by a pirate sloop called the _Night Rambler_, under the command of one Cooper. The pirate immediately ordered the captain of the _Perry_ galley to come on board his ship, which he and four of his men did, and the pirate immediately sent some of his crew on board the _Perry_ galley, who effectually made themselves masters thereof, and as Upton said, used him and the rest of the persons they found on board with great inhumanity and baseness, a thing very common amongst those wretches. Upton also insisted that as to himself, one of the pirate's crew ran up to him as soon as they came on board and with a cutlass in his hand, said with an oath, _You old son of a bitch, I know you and you shall go along with us or I'll cut out your liver_, and thereupon fell to beating him fore and aft the deck with his cutlass.

The same evening he was carried on board the pirate sloop, where, according to his journal, three of the pirates attacked him; one with a pistol levelled at his forehead demanded whether he would sign their articles, another with a pistol at his right ear, swore that if he did not they would blow out his brains, while a third held a couple of forks at his breast, and terrified him with the continual apprehensions of having them stabbed into him. Whereupon he told them that he had four young infants in England, to whom he thought it his duty to return, and therefore begged to be excused as having reason to decline their service, as well as a natural dislike to their proceedings. Upon which, he said, he called his captain to take notice that he did not enter voluntarily amongst them. Upon this the pirate said they found out a way to satisfy themselves by signing for him, and this, he constantly averred, was the method of his being taken into the crew of the _Night Rambler_, where he insisted he did nothing but as he was commanded, received no share in the plunder, but lived wholly on the ship's allowance, being treated in all respect as one whom force and not choice had brought amongst them.

But to return to the _Perry_ galley, which the pirates carried to the Island of Aruba, a maroon or uninhabited island, or rather sand bank, where they sat the crew ashore and left them for seventeen days without any provision, except that the surgeon of the pirate now and then brought them something in his pocket by stealth. On the tenth of December the pirates saw a sail which proved to be a Dutch sloop, which they took, and on board this Upton and two others who had been forced as well as himself were put, from whence as he said, they made their escape. After abundance of misfortunes and many extraordinary adventures, he got on board his Majesty's ship _Nottingham_, commanded by Captain Charles Cotterel, where he served for two years in the quality of quartermaster. He was then taken up and charged with piracy, upon which he was indicted at an Admiralty sessions held in the month of May, 1729, when the evidence at his trial appeared so strong that after a short stay the jury found him guilty.

But his case having been very differently represented, I fancy my readers will not be displeased if I give them an exact account of the proofs produced against him.

The first witness who was called on the part of the Crown was Mr. Dimmock, who had been chief mate on board the _Perry_ galley, and he deposed in the following terms:

On the twelfth of November, 1725, we sailed from Barbadoes on the
_Perry_ galley bound for England. On the 14th, about noon, we were
taken by the _Night Rambler_, pirate sloop, one Cooper commander.
Our captain and four men were ordered on board the pirate sloop,
part of the pirate's crew coming also on board the _Perry._ Wherein
they no sooner entered, but the prisoner at the bar said, _Lads, are
ye come? I'm glad to see ye; I have been looking out for ye for a
great while._ Whereupon the pirates saluted him very particularly,
calling him by his name, and the prisoner was as busy as any of the
rest in plundering and stripping the ship on board of which he had
served, and the rest who belonged to it, the very next day after
being made boatswain of the pirate. The same day I was carried on
board the pirate sloop, tied to the gears and received two hundred
lashes with a cat o' nine tails which the prisoner Upton had made
for that purpose; after which they pickled me, and the prisoner
Upton stabbed me in the head near my ear with a knife, insomuch that
I could not lay my head upon a pillow for fourteen days, but was
forced to support it upon my hand against the table; and when some
of the pirate's crew asked me how I did, upon my answering that I
was as bad as a man could be and live, the prisoner, Upton, said
_D----n him, give him a second reward._

It was also further deposed by the same gentleman that at the island of Aruba, the prisoner was very busy in stripping the _Perry_ galley of the most useful and valuable parts of her rigging, carrying them on board the pirate, and making use of them there. He had also in his custody several things of value, and particularly wearing apparel, belonging to one Mr. Furnell, a passenger belonging to the said _Perry_ galley; and when it was debated amongst the pirates, and afterwards put to the vote, whether the crew of the said galley should have their vessel again or no, John Upton was not only against them, but also proposed burning the said vessel, and tying the captain and mate to one of the masts in order to their being burnt too.

Mr. Eaton, the second mate of the ship, was the next witness called. He confirmed all that had been sworn by Mr. Dimmock, adding that the day they were taken the pirates asked if he would consent to sign their articles, which he refused. Whereupon they put a rope about his neck, and hoisted him up to the yard's arm, so that he totally lost his senses. He recovered them by some of the pirate's crew pricking him in the fleshy parts of his body, while others beat him with the flat of their swords. As soon as they perceived he was a little come to himself they put the former question to him, whether he would sign their articles. He answered, _No_, a second time. One of the crew thereupon snatched up a pistol, and swore he would shoot him through the head; but another of them said, _No, d----n him, that's too honourable a death; he shall be hanged._ Upon this they pulled him up by the rope again, and treated him with many other indignities, and at last in the captain's cabin, pulled a cap over his eyes and clapped a pistol to his head; then he expected nothing but immediate death, a person having almost jabbed his eye out with the muzzle of the pistol, but at last they did let him go. He swore, also, that when the pirates' articles were presented to him to sign, he saw there the name of John Upton, he being well acquainted with his hand.

Mr. Furnell, a passenger in the ship, was the third evidence against the prisoner. He deposed to the same effect with the other two, adding that John Upton was more cruel and barbarous to them than any of the other pirates, insomuch that when they were marooned, and under the greatest necessities for food, Upton said, _D----n them, let them be starved_, and was the most active of all the rest in taking the goods, and whatever he could lay his hands on out of the _Perry_ galley.

In his defence the prisoner would fain have suggested that what the witnesses had sworn against him was chiefly occasioned by a malicious spleen they had against him. He asserted that he was forced by the pirates to become one of their number and was so far from concerned with them voluntarily that he proposed to the mate, after they were taken, to regain the ship, urging that there were but thirteen of the pirates on board, and they all drunk, and no less than nine of their own men left there who were all sober; that the mate's heart failed him, and instead of complying with his motion, said, _This is a dangerous thing to speak of; if it should come to the pirates' ears we shall be all murdered_, and therefore entreated the prisoner not to speak of it any more. The mate denied every syllable of this, and so the prisoner's assertions did not weigh at all with the jury. After they had brought in their verdict, Mr. Upton said to those who swore against him, _Lord! What have you three done?_

Under sentence of death he behaved himself with much courage, and yet with great penitence. He denied part of the charge, viz., that he was willingly one of the pirates, but as to the other facts, he confessed them with very little alteration. He averred that the course of his life had been very wicked and debauched, for which he expressed much sorrow, and to the day of his death behaved himself with all outward mark of true repentance. At the place of execution, he was asked whether he had not advised the burning of the _Perry_ galley, with Captain King and the chief mate on board. He averred that he did not in any shape whatsoever either propose or agree to an act of such a sort. Then, after some private devotions, he submitted to his sentence, and was turned off on the 16th day of May, 1729, being then about fifty years of age.

The Life of JEPTHAH BIGG, an Incendiary, and Writer of Threatening Letters

I have already taken notice in the life of Bryan Smith[85] of the Act of Parliament on which the proceedings against these letter-writers are grounded. One would be surprised that after more examples than one of that kind, people should yet be found so foolish as well as wicked as to carry on so desperate an enterprise, in which there is scarce any probability of meeting with success; yet this unfortunate person of whom we are now to speak, who was descended of mean parents, careful however of giving him a very good education, fell upon this project, put into his head by being a little out of business, and so in one moment cancelled all his former honesty and industry, and hazarded a life which soon after became forfeited.

His friends had put him out apprentice to a gunstock maker, to which he served out his time honestly and with a good character. Afterwards he continued to work at his business with several masters and tolerable reputation, until about a year before the time of his death, when he was out of work, by reason he had disobliged two or three persons for whom he had wrought, and had also been guilty of some extravagancies which had brought him into narrow circumstances. These straits it is to be supposed put him upon the fatal project of writing a letter to Mr. Nathaniel Newman, senior, a man of a very good fortune, threatening him that unless he sent the sum of eighty-five guineas to such a place, he would murder him and his wife, with other bloody and barbarous expressions. This not having its effect, he wrote him a second letter by the penny post, demanding one hundred guineas, with grievous threatenings in case they were not sent. This soon made a very great noise about town, and put Mr. Newman upon all methods possible for detecting the author of these villainous epistles, and as everybody almost looked upon it as a common case, to which any gentleman who is supposed to be rich might be liable, such indefatigable pains were taken that in a short time the whole mystery of iniquity was discovered and Bigg apprehended.

At the next sessions at the Old Bailey he was indicted capitally for this offence, and after the counsel for the prosecutor had fully opened the heinous nature of the crime, Peter Salter was the first witness called to prove it upon the prisoner. He deposed that Jepthah Bigg came to him where he was at work in the Minories, and desired him to go with him, having something to say to him of consequence; whereupon the witness would have gone to the sign of the Ship where he used, but the prisoner would needs go to the Sieve in the Little Minories. There he communicated to him his design, and then prevailed on Salter to go to the Shoulder of Mutton alehouse at Billingsgate, where Bigg directed him to call for drink, and to wait until a porter came to him with a parcel directed to John Harrison, when if he suspected anything, he should come to the prisoner at the King's Head alehouse, on Fish Street Hill. This the evidence performed punctually, whereupon Bigg sent him a second time to the Blackboy, in Goodman's Fields, where a second parcel was left, though of no value. Whereupon Bigg would have had the evidence Salter concerned in a third letter to the same purpose, but Salter declined it and dissuaded him as much as lay in his power, from continuing to venture on such hazardous things. Upon which the prisoner replied, _You need not fear. Nothing can hurt you; my life is in your hands; but if ever you reveal the matter, you shall share the same fate._

John Long, servant to Mr. Newman, deposed that he delivered two penny post letters to his master on the 20th and 27th of March. Other witnesses swore as to the sending of the parcels, and the jury on the whole, seeing the fact to be well proved against the prisoner, found him guilty.

Under sentence of death at first the poor man behaved himself like one stupid. He pretended that he did not know the offence that he had committed was capital, and afterwards exclaimed against the hardness of the Law which made it so; but some little pains being taken with him in those points, he was soon brought over to acknowledge the justice of his sentence, and the reasonableness of that Statute which enacted it into a capital offence.

As the day of his death drew nigh he was still more and more drowned in stupidity and lost to all thought or concern for this world or that to come, at least as to outward appearance. Some said he was a Roman Catholic, but while the poor wretch retained his senses, he said nothing that could give any ground for a suspicion of that sort. He heard the discourses which the Ordinary made to him, with as much patience as the rest did, and when he visited him in the cell, did not express any uneasiness thereat. Indeed, in the passage to execution, there were two fellows in the cart who would fain have had the minister desist from his duty, urging the same reason, that the criminal was in communion with another Church. The man, himself, seemed stupid and speechless all the way, yet when he was turned off, the reverend Ordinary tells us, he went off the stage crying out aloud, _O Lord! etc._ This seems to me a very indecent way of concluding a dying speech, but as it is that which is generally used, I shall not stay to bestow any further reflections upon it. He died on the 19th of May, 1729, being about twenty-five years of age.

FOOTNOTES:

[85] See page 221.

The Life of THOMAS JAMES GRUNDY, a Housebreaker

When we meet with accounts of persons doubly remarkable for the multitude of their offences and the tenderness of their age, it is almost impossible for us to determine whether we should most pity or detest a mind so preternaturally abandoned to wickedness as to transcend its usual course, and make itself remarkable as a sinner, before taken notice of as a man.

This was exactly the case with the unfortunate criminal whom we are now to mention. He was the son of parents in the lowest circumstances, who yet had strained those circumstances to give him a tolerable education, which he, instead of improving, forgot as fast as it was possible, and seemed solicitous about nothing but out-doing in villainy all his contemporaries of the same unhappy cast. During his junior years he addicted himself continually to picking and stealing whatever he could lay his hands on, and although his father had been exceedingly careful in causing him to be taught his own trade of a weaver, yet he seldom or never worked at it, but went on at this rate, from one crime to another, until he at last arrived at those which brought him to the ignominious end, and thereby rendered him a subject for our memoirs.

At twelve years old, he took up the trade of housebreaking, to which he applied himself very closely, for the last six years of his life. Hampstead, Highgate, Hackney, and other villages round the town were the places which he generally made choice of to play his tricks in, and as people are much more ingenious in wickedness than ever they are in the pursuit of honest employments, so by degrees he became (even while a boy) the most dexterous housebreaker of his time; insomuch that as is usual amongst those unhappy people, the gang commended him so much, that believing himself some great person, he went on with an air of confidence, in the commission of a multitude of burglaries, in and about the streets of this metropolis.

Young as he was at that time, he plunged himself, as it were with industry, into all manner of lusts, wickedness and illegal pleasures, which, as it wasted all he acquired by the thefts he committed, so it injured his health and damaged his understanding to such a degree that when he came to die, he could scarce be looked on as a rational creature.

The offence which proved fatal to him was the breaking into the house of Mr. Samuel Smith, in the night-time, on the 31st of May, 1729, with an intent to steal. At his trial the prosecutor swore that between the hours of eleven and one of the dock of the night laid in the indictment he was called up by his neighbours, and found that his window was broken open; whereupon, searching about very narrowly, he at last found the prisoner got up the chimney, and landing on the pole whereon the pothooks hung. In his defence the prisoner told the Court that meeting with a person who said he lodged in the prosecutor's house, and it being late, he accepted the man's proposition to lie with him; thereupon his new acquaintance carried him to Mr. Smith's, let him in, and then ran away, so that he had never seen or heard of him since. This relation being every way improbable and ridiculous, the jury very readily found him guilty of the fact, and he with the rest, on the last day of the sessions received sentence of death accordingly.

While he lay in the cells, his behaviour was as stupid in all outward appearance as ever had appeared in any who came to that miserable place. However, he persuaded his companions, of whom we shall speak hereafter, to attempt breaking out and to encourage them told them that there was no brick or free stone wall in the world could keep him in, if he had but a few tools proper for loosening the stones. These were quickly procured, and Grundy put his companions into so proper a method of working, that if a discovery had not been made on the Sunday morning in a very few hours space they would have broken their way into Phoenix Court, and so have undoubtedly got off. But as soon as the keepers came to the knowledge of their design, they removed the three persons concerned in it, into the old condemned hold, and there stapled them down to the ground.

Then this lad began to repent. He wept bitterly, but said it was not so much for the fear of death as the apprehension of his soul being thrown into the pit of destruction and eternal misery. However, by degrees, he recovered a little spirit, confessed all the enormities of his past life, and begged pardon of God, and of the persons whom he had injured. If we were to attempt an account of them, it would not only seem improbable but incredible; and therefore, as there was nothing in them otherwise extraordinary than as they were committed by a lad of his age, we shall not dwell any longer upon them than to inform our readers that with much sorrow, and grievous agonies, he expired at Tyburn, on the 22nd of August, 1729, being about eighteen years old.

The Life of JOSEPH KEMP, a Housebreaker

We have often, in the course of these lives, observed to our readers that loose women are generally the causes of those misfortunes which first bring men to the commission of felonious crimes, and, as a just consequence thereof, to an ignominious death. It may yet seem strange, how, after so many instances, there are still to be found people so weak as for the sake of the caresses of these strumpets to lavish away their lives, at the same time that they are putting their souls into the greatest hazard. If I may be allowed to offer my conjecture in this case, I should be apt to account for it thus: that in the present age, the depravity of men's morals being greater than ever, they addict themselves so entirely to their lusts and sensual pleasures that having no relish left for more innocent entertainments, they think no price too great to purchase those lewd enjoyments, to which, by a continued series of such actions, they have habituated themselves beyond their own power to retire.

This unfortunate person, Joseph Kemp, was son to people in very mean circumstances, in Holborn, who yet procured him a very good education in a public charity-school. When of age to be put out to employment, his friends made him apply himself to the heads of the parish, who put him out to a glazier, with whom he served out his time with the character of a very honest young man. By that time his parents had thriven pretty well in the world through their own industry, and so, on his setting up a shop, they gave him sixty pounds to begin with. But unfortunately for him, he had ere now seen a woman of the town, on whom he had irretrievably fixed his affections, and was absolutely resolved on living with her, though ever so great ruin should prove the consequence of the purchase.

In pursuance of this unfortunate resolution, he no sooner had received the aforesaid sum, but proposals of marriage were immediately offered to this object of his affections, notwithstanding that he well knew she at that time conversed with two men, styling each of them her husband. However, as Kemp was the most likely to maintain her in idleness and plenty, she, without much trouble, suffered herself to be prevailed on to let him, by a legal matrimony, increase the number of her husbands. This, as it was but probable, was speedily followed by his breaking in his business, and being totally undone, which, though it was a great misfortune, and an evil new to poor Kemp, only reduced the lady to her former manner of living, which was by thieving whatever she could come at. A little while after, she was ruined even in this business, for being detected, she was committed to Newgate, and was in great danger of lying there for life. Poor Kemp was still as fond of her as ever. He carried her all the money he could get, and lamenting to her that it was not in his power to raise more, she immediately flew into a passion, stormed and swore at him, bid him go and break houses, rob people in the streets, or do anything which would get money, for money she wanted and money she would have. He foolishly complied with her request and having provided himself with the necessary implements for housebreaking, he soon put her in possession of a large quantity of plate, which being converted into money, easily procured her liberty, the consequence of which was that she lavished whatever he brought her upon other men.

Yet even her perfidy could not cure him; he was still as much her slave as ever, and failed not venturing body and soul to procure whatever might give her pleasure. In this unhappy state a considerable space of time was spent, until, for some other thievish exploits of her own, Kemp's wife was apprehended, convicted and transported. One would have thought this might have put an end to his crimes of the same sort, but it seems he was too far plunged into the mire of rapine and debauchery ever to struggle out, so that no sooner was she safely on board the transport vessel but he found out a new mistress to supply her place; as if he had been industrious in destroying his fortune and careful about nothing but arriving as soon as possible at the gallows.

By the time he made his second marriage, which in itself was illegal while the first wife was living, his credit was totally exhausted, his character totally ruined, and no manner of subsistence left but what was purchased at the hazard of his soul and the price of his life; and as housebreaking was now become his sole business, so he pursued it with great eagerness, and for a while with as great success. But it was not long before he was apprehended, and committed close to Newgate for a multitude of charges of this kind against him.

At the following sessions at the Old Bailey, he was indicted for burglariously breaking open the house of Sarah Pickard, and feloniously taking thence thirty-six gold rings and stone rings, three silver watches, several pieces of silver plate, and divers other goods of considerable value. The prosecutrix, Mrs. Pickard, deposed that her house was fast shut between then and eleven o'clock at night, and found broken open at five of the clock the next morning, and that one Kemp, a person related to the prisoner, found a short strong knife left in the yard, together with an auger, which he knew to belong to the prisoner.

In confirmation of this Mr. Kemp deposed that the prisoner had shown him the knife; Joanna Kemp and Jonathan Auskins deposed likewise to the same thing, and Samuel Gerrard, the constable, swore that when with the two preceding witnesses he went to search the house of the aforesaid prisoner, and found therein several things belonging to Mrs. Pickard, the prisoner then confessed that he committed burglary alone and not by the persuasion or with the assistance of any other person whatsoever.

The prisoner said very little in his own defence, and the jury thereupon, without hesitation, found him guilty; as they did also upon two other indictments, the one for breaking the house of James Wood, and the other for breaking the house of Mrs. Mary Paget, and stealing thence plate to a considerable value; the facts being dearly proved by John Knap, who had been an accomplice, and turned evidence to save himself. His last wife was indicted and tried with him, but acquitted.

Under sentence of death he was seized with a disease which held him for the greater part of the time permitted by Law for him to repent, and by reason of that distemper he was so deaf that he was scarce capable of instruction. However, he appeared to be fully sensible of the great danger he was in, of suffering much more from the just anger of God than that sentence of the Law which his crimes had drawn upon him. He bewailed with much passion and concern that wicked course of life which for many years past he had led, seemed exceedingly grieved at the horror of those reflections, and to mourn with unfeigned penitence his forgetfulness of the duties he owed towards God, and to his neighbours. As the hour of death approached, he resumed somewhat of courage, and at the place of execution died with all outward marks of a repenting sinner.

His wife came up into the cart and took her last adieu of him, in the most tender manner that can be imagined. He died on the 24th of August, 1729, being then in the twenty-fourth year of his age, and left behind him the following paper, which seems to have been what he intended to have said to the people at the time of his death, and therefore we, according to custom, thought it not proper to be omitted in this account.

THE PAPER

Good People,

My father and mother brought me up tenderly and honestly, and always
gave me good advice, whilst I was under their care. They put me
apprentice to a glazier. My master not being so careful of me as he
ought to have been, I took to ill courses, and before my time was
expired, married a woman that brought me to this untimely end; for
she could not live upon what I got at my trade, and out of my
over-fondess for her, I did whatever she required, or requested of
me. At length she was taken up for some fact, and transported. Then
I married a second wife, and she was as good as the other was bad.
She would do anything to help to support me that I might not commit
any wickedness, but I could not take her advice, but still ran on in
my wicked course of life, till I was overtaken by my folly. For if
we think ourselves safe in committing sin, God will certainly find
such out, because He is just, and will punish accordingly. This my
miserable end, I would have all take warning by, and that they
follow not the devices of the world, the snares whereof are apt to
lead men into evil courses, unless they endeavour to shun them, and
seek the grace of God to assist and enable them for the good of all
men, and ask pardon of God for my evil doings, and forgiveness of
all whom I have wronged, and particularly the forgiveness of God to
those who have sworn away my life. I beg reflections pass not upon
my wife, for I declare, whatever wrongs she may have committed, was
through my persuasion, of herself being inclinable to good. I would
lastly request that the follies and vices which have brought me to
this untimely end may not by any means be a cause to afflict my
grievous parents, both father and mother, but would have all to
consider when ever they are persuaded to any manner of ways, tending
to their ruin, they would likewise remember to call upon God to help
and assist them, in shunning such, and all other wicked courses.
Good people, pray for me, that God may receive me through his
mercies, which I trust he will.

Newgate, August 22nd, 1729.

Joseph Kemp

The Life of BENJAMIN WILEMAN, a Highwayman

Amongst the many other ill consequences of a debauched life and wicked conversation, it may be reckoned, perhaps, no small one that they render men liable to suspicions, imprisonments and even capital punishment, when at the same time, they may be innocent of the particular fact with which they are charged; nor in such a case is the conviction of an innocent person so great a reflection on any, as on themselves having rendered such an accusation probable.

Benjamin Wileman, of whom we are now to speak, was the son of honest parents in the city of Dublin. They gave him a very good education at school, and when he was fit to go out apprentice, his father bred him to his own trade, which was that of a tailor. When he grew weary of that business, he listed himself as a soldier, and in that state of life passed twelve years, a sufficient space of time to acquire those numerous vices which are so ordinary amongst the common sort of men, who betake themselves to a military employment. Then he came over into England and lived here, as he himself said, by working at his own trade; though certain it is, that he led a most debauched and dissolute life, associating himself with those of his countrymen who of all others were the most abandoned in their characters. In fine, in all the associations of his life he seemed to proceed without any other design than that of gratifying his vicious inclinations.

In the midst of this terrible course of folly and wickedness he was apprehended for a highwayman, committed to Newgate, and at the ensuing sessions capitally indicted for two robberies, the one committed on William Hucks, Esq., and the other on William Bridges, Esq. On the first indictment it was deposed by the prosecutor that he believed Wileman to be the person who attacked him. John Doyle, who owned himself to have been an accomplice in the robbery, swore that Wileman and he committed it together, and that he paid Wileman five guineas and a half for his share of the gold watch and other things which were taken from the gentleman. As to the second fact, Mr. Bridges gave evidence that he was robbed on the highway and lost a sword, a hat, a pocket-book and a bank-note for twenty pounds. Doyle gave evidence in this, as in the former case, declaring that Wileman and he committed the fact together.

Then Elizabeth Jones being produced, swore that the same day she met Doyle and Wileman booted and spurred and very dirty in Bedford Row, and that they showed her the bank note, which when shown to her, she deposed to be the same. Arabelle Manning deposed that on the night of the day the robbery was committed, the prisoner Wileman and Doyle gave her a dram at a gin-shop in Drury Lane, and that one of them let fall a paper, and taking it up again, said that the loss of it would have been the loss of twenty pounds.

The prisoner objected to the character of Doyle, Jones and Manning, and called some persons as to his own, but the jury thinking the fact sufficiently proved, found him guilty on both indictments. Under sentence of death, his behaviour was very regular, professing a deep sorrow and repentance for a very loose life which he had led, and at the same time peremptorily denying that he had any hand in, or knew anything of either of those facts which had been sworn against him, and for which he was to die.

Notwithstanding that the most earnest entreaties were made use of to induce him to a plain and sincere confession, yet he continued always to assert his innocence as to thieving, letting fall sharp and invidious expressions against the evidence of Doyle whom he charged with swearing against him only to preserve another guilty person from punishment, whom Wileman intended to prosecute and had it is his power to convict. The effects of his former good education were very serviceable to him in this his great and last misfortune, for he seemed to have very just notions of those duties which were incumbent upon him in his miserable state; therefore, especially towards the latter part of his time, he appeared gravely at chapel and prayed fervently in his cell until the boy James Grundy, whom we have mentioned before, put it in to his head to make his escape; for the attempting which they were all carried (as we have said before) into the old condemned hold and there stapled down to the ground.

As there is no courage so reasonable as that which is founded on Christian principles, so neither constitutional bravery nor that resolution which arises either from custom, from vanity, or from other false maxims preserves that steady firmness at the approach of death which gives true quiet and peace of mind in the last moments of life, taking away through the certainty of belief, those terrors which are otherwise too strong for the mind, and which human nature is unable to resist. Wileman's conduct under his misfortunes, fully verified this observation in its strongest sense; he only retained just notions of religion and this enabled him to support his affliction after a very different manner from that in which it affected his two companions; or as it had done himself before, from a just contemplation of the mercy of God, and the merits of his Saviour, he had brought himself to a right idea of the importance of his soul, and thereby took himself off from the superfluous consideration of this world and stifled those uneasy sensations with which men are naturally startled at the approach of death. Yet he did not in all this time alter a jot in his confession, but asserted calmly that he was innocent, and that Doyle had perjured himself in order to take away his life.

At the place of execution his wife came to him, embraced him with great tenderness, and all he said there in relation to the world was that he hoped nobody would reflect upon her for the misfortune which had befallen him, and then, with great piety and resignation in the midst of fervent ejaculations, yielded up his last breath at Tyburn, at the same time with the malefactor before mentioned, being at the time of his decease about forty-three years of age.

The Life of JAMES CLUFF, a Murderer, in which is contained a concise account of the nature of Appeals

To curb our vicious inclinations and to restrain those passions from the sudden transports of which cruel and irreparable mischiefs are done, is without doubt the best end of all instructions; and for my own part, I cannot help thinking that this very book may contribute as much to this purpose as any other that has been published for a long time. That vices are foul in their nature is certainly true, and that they are fatal in their consequences, those who, without consideration pursue them, feel. There are few who will take time to convince themselves of the first, but no man can be so blind as to mistake the latter after the perusal of these memoirs, in which I have been particularly careful to describe the several roads by which our lusts lead us to destruction; and have fixed up Tyburn as a beacon to warn several men from indulging themselves in sensual pleasures.

This unfortunate person we are now going to give the public an account of was the son of very honest people who kept a public-house in Clare Market. They were careful in sending him to school, and having taught him there to read and write etc., sufficiently to qualify him for business, then put him apprentice to the Swan Tavern near the Tower. There he served his time carefully and with a good character, nor did his parents omit in instructing him in the grounds of the Christian religion, of which having a tolerable understanding he attained a just knowledge, and preserved a tolerable remembrance unto the time of his unhappy death.

After he was out of his time, he served as a drawer at several public houses, and behaved himself civilly and honestly without any reflections either on his temper or his honesty until he came to Mr. Payne's, who kept the Green Lettuce, a public house in High Holborn, where the accident fell out which cost him his life.

It seems there lived with him as a fellow servant, one Mary Green, whom some suggested he had an affection for; but whether that were so or not, did not very clearly appear, but on the contrary it was proved that they had many janglings and quarrels together, in which Cluff had sometimes struck her. However it was, on the 11th of April, 1729, Mary Green being at dinner in a box by herself, Cluff came in and went into the box to her, where he had not continued above four or five minutes before he called to his mistress, who was walking up and down, _Madam, pray come here._ By this time the maid was dead of a wound in her thigh, which pierced the femoral artery. There was a noise heard before the man himself came out, and the wench was dead before her mistress came in.

However, Cluff was immediately apprehended, and at the ensuing sessions at the Old Bailey he was indicted for the murder of Mary Green, by giving her a mortal wound in the right thigh, of the breadth of one inch, and of the depth of five inches, of which she instantly died. He was a second time indicted upon the coroner's inquest for the said offence, and also a third time upon the Statute of Stabbing. However the evidence not being clear enough to satisfy the jury, on his trial he was acquitted by them all. But this not at all satisfying the relations of the deceased Mary Green, her brother William Green brought an appeal against him, which is a kind of proceeding which has occasioned several popular errors to take rise. Therefore it may not be improper to say something concerning it for the better information of our readers.

Appeals are of two sorts, viz., such as are brought by an innocent person, and such as are brought by an offender confessing himself guilty, who is commonly called an approver. An innocent person's appeal is the party's private action, prosecuting also for the Crown, in respect of the offence against the public, and such a prosecution may be either by writ or by bill. As to the writ of appeal, it is an original issuing out of Chancery and remarkable in the Court of King's Bench only. Bills of Appeal are more common and contain in them the nature both of a writ and a declaration, and they may be received by commissioners of gaol delivery or justices of assize.

Those which are in use at present in capital cases are four, viz., Appeals of Death, of Larceny, of Rape and of Arson. The first is both the most common and that of which we are particularly to speak. It is to be brought by the wife or heir of the person deceased, unless they be guilty of the murder, and then the heir may have an appeal against the wife, or if he be accused the next heir may have it against him. The appellant must be heir general to the deceased, and his heir male (for by _Magna Charta_ a woman cannot have an appeal of death for any but her husband) and in the appeal also it must be set forth how the appellant is heir unto the deceased. As to the time in which an appeal may be brought, it is by the Statute of Gloucester[86] restrained within a year and a day from the time of the deed done. There is great nicety in all the proceedings on appeals of death and everything must be set forth with the greatest exactness imaginable. The appellant hath also the liberty of pleading as many pleas, or to speak more properly, to take issue on as many points as he thinks fit. He is tried by a jury, and on his being found guilty, the appellant hath an order for his execution settled by the Court; but when the appellee is acquitted, the appellant is chargeable with damages on such a prosecution, provided there appear to have been no just cause for the commencement thereof.

But to return to the case of Cluff, which led us into this discourse. The evidence at his trial upon the appeal was, as to its substance thus. Mrs. Diana Payne, at the Green Lettuce in Holborn, deposed that the prisoner James Cluff and the deceased Mary Green were both of them her servants; that about a quarter of an hour before Mary Green died, she saw the prisoner carry out a pot of drink; that while she was walking in the tap-house with her child in her arms, she saw Mary Green go down into the cellar and bring up two pints of drink, one for a customer and another for herself, which she carried into a box where she was at dinner; that about four or five minutes before the accident happened, Cluff came in, and went to the box to the deceased, and in about four minutes cried out, _Madam, pray come hither_; that the witness thereupon went to the door of the box and saw the deceased on her backside on the floor, and the prisoner held her up by the shoulders, while the blood ran from her in a stream; that on seeing her, she said to the prisoner, _James, what have you done?_ To which he answered, _Nothing, Madam._ Whereupon this evidence enquired whether he had seen her do anything to herself, he replied. _No_, the deceased at that time neither speaking not stirring, but looking as if she were dead. However, the prisoner at that time said he saw her have a knife in her hand in the cellar, and the witness being prodigiously affrighted called her husband and ran for an apothecary.

Mr. John Payne, husband of the first witness, deposed to the same purpose as his wife, adding that no struggling was heard when the blows were given and that she had no knife in her hand when she came out of the cellar; that in the morning between nine and ten o'clock, a young man came in, who, as he was informed, had been formerly a sweetheart of the deceased; that this person drank a pint of drink and smoked a pipe, the deceased sitting by him some little time, during which as he believed the stranger kissed her; at which, as they stood before the bar, he observed the prisoner's countenance alter, as if he were out of humour at somewhat, although he could not say that he had ever heard of courtship between them; adding, that when the prisoner went into the box where the deceased was at dinner, he did take notice of his throwing the door after him with an unusual violence.

Mr. Saunders, who happened that day to dine at Mr. Payne's house, confirmed all the former evidence, deposing moreover, than when Mr. Payne gave the prisoner some harsh language, the prisoner replied, _Sir, I am as innocent as the child is at my mistress's breast_; that the prisoner also pretended the deceased took a knife in her hand when she went into the cellar, upon which this evidence and Mr. Payne went down, and found not a drop of blood all the way. Mr. Saunders also deposed that the prisoner was out of the way when the deceased went to draw drink, and that they saw no knife in her hand.

Mr. Cox, the surgeon, deposed that he saw the deceased lying upon her back, amid a vast stream of blood which had issued from her; that upon the table among other knives he had found one amongst them which was a little bloody and answered exactly to the cut, it going through her apron, a stuff petticoat and a strong coarse shift. The wound was in her thigh, going obliquely upwards, and therefore, as he thought, could not have been given by the deceased herself. The knife, too, was as he said, laid farther than the deceased could have carried it after the receipt of the wound, which being in the femoral artery must be mortal in a minute, or a minute and a half at most. He observed, also, that under her chin and about her left ear there seemed to have been some violence used, so as to have caused a stagnation of the blood. This deposition was confirmed by another surgeon and apothecary, and also in most of its material circumstances by a surgeon who looked on her on behalf of the prisoner.

Cluff asked very few questions, and Mr. Daldwin being called for the appellant, swore that at nine o'clock in the morning he was at Mr. Payne's and saw the prisoner and the deceased quarrelling, that he looked maliciously and was an ill-natured fellow. Here the counsel of the appeal rested their proof, and the prisoner made no other defence than absolutely denying the fact. After his counsel had said what they thought proper on the nature and circumstances that had been sworn against him, the jury withdrew, and after a short stay brought in the prisoner guilty.