Chapter XII: Part 12

Of this latter class were Grierson and Wilkinson, the subjects of our present notice; and notwithstanding the heavy penalties imposed by the statute, they were not to be deterred from continuing the dangerous and unlawful traffic in which they had been engaged. Wilkinson, who was the brother of a celebrated comedian of the day, it would appear, was the owner of a chapel in the Savoy, and Grierson was his assistant; and their proceedings having at length become too notorious to be passed over, proceedings were instituted against them. Grierson was first apprehended, and his employer sought safety in flight; but supposing that he could not be deemed guilty of any offence, as he had not actually performed the marriage ceremony, a duty which he left to his journeyman, he returned to his former haunts. It was not long before he was secured, however, and having been convicted with Grierson, they were shipped off as convicts together to the colonies, in the year 1757.

WILLIAM PAGE.

EXECUTED FOR HIGHWAY ROBBERY.

William Page was the son of a respectable farmer at Hampton, and being a lad of promising parts he was sent to London to be educated under the care of his cousin, a haberdasher. His early life, by the superstitious believers of old sayings, would be adduced as proof positive of the truth of the old adage, that "a man who is born to be hanged will never be drowned;" and although we cannot put much faith generally in such notions, we cannot help in this instance pointing out some peculiarities in the adventures of our hero, which might have been considered by him as a sufficient indication of his fate. The early chronicler of his life says, that, during the hard frost in the winter of 1739, Page was sliding with other boys on the canal in St. James's Park, when the ice broke under him, and he sank; and the ice immediately closing over him, he must have perished; but just at this juncture the ice again broke with another boy near him, and Page arose precisely at the vacancy made by the latter, and was saved, although his companion was drowned. The second instance of the intervention of his good fortune occurred in the summer following this singular escape. Page was then trying to swim with corks in the Thames, when they slipped from under his arms, and he sank; but a waterman got him up, and he soon recovered. On the third occasion he was going up the river on a party of pleasure, about five years afterwards, with several other young fellows, when the boat overset with them in Chelsea Reach, and every one in the boat was drowned except Page. But his fourth and last escape from a watery grave was even more miraculous than any of those which preceded it. About eighteen months after that which is last related he was on a voyage to Scotland. The ship in which he sailed foundered in Yarmouth Roads, and most of the people on board perished; but another vessel, observing their distress, sent out a long-boat, by the help of which Page and a few others saved their lives.

To return, however, to the ordinary events of his life. It appears, that his cousin having given him employment in his shop, his vanity prevented him from bestowing that attention on his business to which it was entitled; and his extravagance being checked by his relation, who stopped his pocket-money in order to curb his refined notions, he had recourse to plunder to supply his necessities. Money being repeatedly missed from the till, and all attempts to discover the thief among the servants having failed, suspicion at length rested on our hero; and his guilt having been distinctly proved he was dismissed from his situation forthwith. An effort which he made to conciliate his relation after this proved ineffectual; and his father, who had learned the nature of his irregularities, having refused to render him any assistance, he at length journeyed to York, and there joined a company of strolling players. His exertions in his new capacity were not unsuccessful; but at length attempting to play Cato while in a state of intoxication, his character in the play and his condition of person were found to agree so badly, that he was compelled to be carried from the stage, and was dismissed from his engagement. He afterwards went to Scarborough, where his necessities compelled him to accept a situation as livery-servant with a gentleman; but his master having been robbed on his way to town, he formed a notion that highway robbery was an easy and profitable mode of living; and determined that so soon as he should have the means of starting in the profession, he would become a "gentleman of the road." Quitting his master at the end of twelve months, he became acquainted with a woman of abandoned character, in conjunction with whom he took lodgings near Charing Cross, and he then commenced highwayman. His first expedition was on the Kentish road; and meeting the Canterbury stage near Shooter's-hill, he robbed the passengers of watches and money to the amount of about thirty pounds; and then riding through great part of Kent to take an observation of the cross-roads, he returned to London. He now took lodgings near Grosvenor-square, and frequenting billiard-tables won a little money, which, added to his former stock, prevented his having recourse to the highway again for a considerable time; but at length he met with a gambler who was more expert than himself, and stripped him of all his money. He then again sought the road as a means of subsistence. His exertions were for some time fruitless; but at length meeting with a handsome booty, he was emboldened by his success; and taking handsome lodgings he soon gained the friendship of some young men of fashion. His next object was to improve his mind and person; and having gained some knowledge, by dint of impudence and through a pleasing exterior he got introduced into decent society.

By this time, he had drawn, from his own observation and for his private use, a most curious map of the roads twenty miles round London; and, driving in a phaeton and pair, he was not suspected for a highwayman.

In his excursions for robbery he used to dress in a laced or embroidered frock, and wear his hair tied behind; but when at a distance from London, he would turn into some unfrequented place, and, having disguised himself in other clothes, with a grizzle or black wig, and saddled one of his horses, he would ride to the main road, and commit a robbery. This done, he hastened back to the carriage, resumed his former dress, and drove to town again. He was frequently cautioned to be on his guard against a highwayman, who might meet and rob him: "No, no," said he, "he cannot do it a second time, unless he robs me of my coat and shirt, for he has taken all my money already."

He had once an escape of a very remarkable kind:--Having robbed a gentleman near Putney, some persons came up at the juncture, and pursued him so closely that he was obliged to cross the Thames for his security. In the interim, some haymakers crossing the field where Page's carriage was left, found and carried off his gay apparel; and the persons who had pursued him, meeting them, charged them with being accomplices in the robbery. A report of this affair being soon spread, Page heard of it, and throwing his clothes into a well, he went back almost naked, claimed the carriage as his own, and declared that the men had stripped him, and thrown him into a ditch. All the parties now went before a justice of the peace; and the maker of the carriage appearing, and declaring that it was the property of Mr. Page, the poor haymakers were committed for trial; but obtained their liberty after the next assizes, as Page did not appear to prosecute.

After this, he made no farther use of the phaeton as a disguise for his robberies; but it served him occasionally on parties of pleasure, which he sometimes took with a girl whom he had then in keeping.

Page was passionately fond of play, and his practice this way was occasionally attended with good fortune. One night he went to the masquerade with only ten guineas, but joining a party at cards, he won above five hundred pounds; but this money was no sooner in his possession, than a lady, most magnificently dressed, made some advances to him, on which he put the most favourable construction. After some conversation, she told him that her mother was a widow who would not admit of his visits; but that possibly he might prevail on her attendant, whose husband was a reputable tradesman, to give them admission to her house.

Page, who had repeatedly heard the other address her by the title of "My lady," became very importunate with the good woman to grant this favour; and at length, all parties having agreed, the servants were called. Page handed the lady and her attendant into a coach, on which was the coronet of a viscountess. Two footmen with flambeaux got up behind, and the coachman was ordered to drive home. The "home" which they reached, however, was a brothel; and on the lady quitting him in the morning, he found that she had been dexterous enough to rob him of his pocket-book and its contents, which no doubt more than compensated her for the favour which she had bestowed upon him.

The road and the gaming-table were now his only means of support, and he found a fitting companion in his proceedings in the person of an old schoolfellow named Darwell, in conjunction with whom, in the course of three years, he committed upwards of three hundred robberies. At length, however, their iniquitous proceedings caused an active search to be made for them; and Darwell being apprehended, "peached" upon his companion, and disclosed the places where it was most likely that he would be found.

The consequence was, that Page was apprehended at the Golden Lion, near Hyde Park, when three loaded pistols were found on him, with powder, balls, a wig to disguise himself, and the correct map of the roads round London which we have already mentioned.

He was sent to Newgate, and an advertisement inserted in the papers, requesting such persons as had been robbed to attend his re-examination but he denied all that was alleged against him; and, as he was always disguised when he committed any robbery, no person present could identify his person.

He was tried at length on suspicion of robbing Mr. Webb in Belfourd Lane, but acquitted for want of evidence; and after this he was tried at Hertford, but again acquitted for a like reason.

From Hertford he was removed to Maidstone jail, and being tried at Rochester for robbing Captain Farrington on Blackheath, he was capitally convicted, and received sentence of death. After conviction he acknowledged his guilt, yet exerted himself in the most strenuous manner to procure a pardon. He wrote to a nobleman with this view, and also sent a letter to a gentleman with whom he had lived as a servant, begging his interest that he might be sent to America as a foot-soldier; but his endeavours proved fruitless, and he was ordered for execution.

This extraordinary malefactor suffered at Maidstone on the 6th of April, 1758.

EUGENE ARAM.

EXECUTED FOR MURDER.

We are now arrived at that period which brings to our view perhaps the most remarkable trial in our whole Calendar. The offender was a man of extraordinary endowments and of high education, and therefore little to be suspected of committing so foul a crime as that proved against him.

Much has been written upon the subject of this murder, and attempts have been made, even of late years, to show the innocence of Aram. The contents of the publications upon the subject would be sufficient of themselves to fill our volumes; and it would be useless to republish arguments, which, having had due circulation and due consideration, have failed in their object, which was to convince the world that this offender was the victim of prejudice, and fell an innocent sacrifice to the laws of his country. We shall, therefore, abstain from giving this case greater space in our Calendar than that to which it is entitled, as well on account of the peculiarity of its nature, as of the great interest which its mention has always excited. The peculiarities of the case are twofold; first, the great talents of the offender, and secondly, the extraordinary discovery of the perpetration of the murder, and of the evidence which led to the conviction of the murderer. On the former point, indeed, some seem to have entertained a doubt; for about thirty years after his execution, his name being inserted among the literary characters of the country, in the "Biographia Britannica," and his high erudition being mentioned, a pamphlet was put forth, complaining of this step on the part of the editors of that work, and accusing them of a want of impartiality in affording their meed of praise to Aram, and withholding it from Bishop Atherton, who also met with an ignominious death. The charge was, however, answered more ably than it was made; and as it may prove interesting to our readers, we shall subjoin the refutation to the complaint, which appears distinctly to support Aram's right to the character which was originally given to him. It is said:--

"Objections are made to the admission of Eugene Aram into the Biographia Britannica, and the exclusion of Bishop Atherton; but it appears to me that the remarks on this subject are far from being just. The insertion of Aram is objected to because he was a man of bad principles, and terminated his life on the gallows; but it should be remembered that it was never understood that in the Biographia Britannica the lives of virtuous men only were to be recorded. In the old edition are the lives of several persons who ended their days by the hands of the executioner. Bonner was not a virtuous man, and yet was very properly inserted, as well as Henry Cuff, who was executed at Tyburn in the reign of Queen Elizabeth. As to Eugene Aram, it is truly said of him in the Biographia Britannica, in the article objected to, that the progress he made in literature, allowing for the little instruction he had received, may justly be considered as astonishing; and that his powers of mind were uncommonly great cannot reasonably be questioned. Eugene Aram possessed talents and acquisitions that might have classed him among the most respectable of human characters, if his moral qualities had been equal to his intellectual. It was certainly the extraordinary talents and acquirements of Eugene Aram which occasioned his introduction into the Biographia; and I know that by persons of undoubted taste and judgment, the account of him in that work has been thought a curious and interesting article. His singular defence alone was well worthy of being preserved in such a work.

"With respect to Bishop Atherton, he never had the least claim to insertion in such a work as the Biographia Britannica, and was therefore very properly omitted in the new edition. He was not in the least distinguished for genius or learning; his merely being a bishop could give him no just pretensions, and still less the unnatural crime for which he suffered. The friends of Bishop Atherton say that his reputation was suspected to have been destroyed, and his catastrophe effected, more by the contrivance of a party than by the aggravated guilt with which he was charged. If this were perfectly just, which however may be reasonably questioned, it would not give Bishop Atherton the least claim to insertion in the Biographia Britannica. Aram was inserted on account of his uncommon talents and learning; but Atherton, who was not distinguished for either, never had the least pretension to be recorded in such a work."

The talents and abilities of this criminal, therefore, seem to be undoubted; but that a man possessing powers of intellect so great should have been guilty of such a crime as that which he committed, seems most extraordinary.

Within the second peculiarity of the case will very properly come the narrative of the life of its hero, as well as the circumstances attending the commission of the crime and the discovery of its perpetrator. A succinct description of the case will probably be more intelligible than a detail of all the exceedingly minute circumstances by which it was surrounded.

Eugene Aram was born at the village of Netherdale, in Yorkshire, in the year 1704, of an ancient and highly respectable family; but although it is shown by the chronicles that one of his ancestors served the office of high sheriff in the reign of Edward the Third, it appears that at the time of the birth of Eugene, the vicissitudes of fortune had so far reduced its rank, that his father was compelled to support himself and his children by working as a gardener in the house of Sir Edward Blackett; although in that situation he was well employed and highly respected. In his infancy, Aram's parents removed to the village of Shelton, near Newby, in the same county; and when about six years old, his father, having saved a small sum of money out of his weekly earnings, purchased a small cottage at Bondgate, near Rippon. The first indications of that singular genius which afterwards displayed itself in so remarkable a manner in our hero, were given while his father was in the service of Sir Edward. Eugene was employed as an attendant upon that gentleman, and he early displayed a taste for literature, which was fostered and supported by his indulgent master. His disposition was solitary, and every leisure hour which presented itself to him was devoted to retirement and study; and in the employment which good fortune had bestowed upon him, ample opportunities were afforded him of following the bent of his inclinations. He applied himself chiefly to mathematics, and at the age of sixteen he had acquired a considerable proficiency in them; but his kind and indulgent master dying about this time, he was employed by his brother, Mr. Christopher Blackett, a merchant in London, who took him into his service as book-keeper. This was an occupation ill suited to his desires, and an attack of the small pox having rendered his return to Yorkshire necessary, he did not afterwards resume his employment in London, but at the invitation of his father he remained at Newby, to pursue his studies. He now found that the study of mathematics possessed but few charms; and the politer subjects of poetry, history, and antiquities, next engaged his attention. Every day served to increase the store of knowledge which he possessed, and his fame as a scholar having now extended to his native place, he was invited to take charge of a school there. The means of study and of profit appeared to him to be thus united, and he immediately accepted the offer which was made; and after a short time he married a young woman of the village, to whom he appeared tenderly attached. To this marriage, however, which proved unhappy, he attributed all his subsequent misfortunes; but whether with truth or not, the course of the narrative does not distinctly disclose. His deficiency in the learned languages now struck him, and he immediately set about conquering the difficulties which presented themselves in this new field of research; and so rapid was his progress, that ere a year had passed, he was able to read with ease the less difficult of the Latin and Greek historians and poets. In the year 1734 an opportunity was afforded him of adding a knowledge of the Hebrew language to his list of acquirements; for in that year Mr. William Norton, of Knaresborough, a gentleman of great talents, who had conceived a strong attachment towards him, invited him to his house, and afforded him the means necessary for pursuing its study. He continued in his situation in Yorkshire until the year 1745, when he again visited London, and accepted an engagement in the school of the Rev. Mr. Plainblanc, in Piccadilly, as usher in Latin and writing; and, with this gentleman's assistance, he acquired the knowledge of the French language. He was afterwards employed as an usher and tutor in several different parts of England; in the course of which, through his own exertions, he became acquainted with heraldry and botany; and so great was his perseverance, that he also learned the Chaldaic and Arabic languages. His next step was to investigate the Celtic in all its dialects; and, having begun to form collections, and make comparisons between the Celtic, the English, the Latin, the Greek, and the Hebrew, and found a great affinity between them, he resolved to proceed through all those languages, and to form a comparative lexicon. But, amid these learned labours and inquiries, it appears that he committed a crime which could not naturally have been expected from a man of so studious a turn, as the inducement which led him to it was merely the gain of wealth, of which the scholar is seldom covetous.

On the 8th of February 1745, in conjunction with a man named Richard Houseman, he committed the murder for which his life was afterwards forfeited to the laws of his country. The object of this diabolical crime was Daniel Clarke, a shoemaker, living at Knaresborough; and it appears that this unfortunate man, having lately married a woman of a good family, industriously circulated a report that his wife was entitled to a considerable fortune, which he should soon receive. Aram and Houseman, in consequence, conceiving hopes of procuring some advantage from this circumstance, persuaded Clarke to make an ostentatious show of his own riches, in order to induce his wife's relations to give him that fortune of which he had boasted. It is not impossible that in giving their subsequent victim this advice, they may at the time have acted from a spirit of friendship, and without any intention of committing that crime for which they afterwards received their reward; but the belief that the design was already formed receives equal confirmation from subsequent events.

Clarke, it seems, was easily induced to comply with a hint so agreeable to his own desires; and he borrowed, and bought on credit, a large quantity of silver plate, with jewels, watches, rings, &c. He told the persons of whom he purchased, that a merchant in London had sent him an order to buy such plate for exportation; and no doubt was entertained of his credit till his sudden disappearance in February 1745, when it was imagined that he had gone abroad, or at least to London, to dispose of his ill-acquired property.

Whatever doubt may exist as to the original intention of the parties, their object at this time is perfectly clear, and there can be no hesitation in supposing that Aram and Houseman had at this time determined to murder their dupe, in order to share the booty. On the night of the 8th February 1745, they persuaded Clarke to take a walk with them, in order to consult upon the proper method to dispose of the effects; and, engaged in the discussion of this subject, they turned into a field, at a small distance from the town, well known by the name of St. Robert's Cave. On their arrival there, Aram and Clarke went over a hedge towards the cave; and when they had got within six or seven yards of it, Houseman (by the light of the moon) saw Aram strike Clarke several times, and at length beheld him fall, but never saw him afterwards. These were the facts immediately connected with the murder, which were proved at the trial by Houseman, who was admitted King's evidence; and, whatever were the subsequent proceedings of the parties in respect of the body, they must remain a mystery.

The murderers, going home, shared Clarke's ill-gotten treasure, the half of which Houseman concealed in his garden for a twelvemonth, and then took it to Scotland, where he sold it. In the mean time Aram carried his share to London, where he sold it to a Jew, and then returned to his engagement with Mr. Plainblanc, in Piccadilly.

Fourteen years afterwards elapsed, and no tidings being received of Aram, it was concluded that he was dead; and these fourteen years had also elapsed without any clue being obtained to unravel the mystery of the sudden disappearance of Clarke. The time at length came, however, at which all the doubts which existed upon both subjects were to be solved. In the year 1758, a labourer named Jones was employed to dig for stone in St. Robert's Cave, in order to supply a limekiln at a place called Thistle Hill, near Knaresborough; and having dug about two feet deep, he found the bones of a human body, still knit together by the ligaments of the joints. It had evidently been buried double; and there were indications about it which could not but lead to the supposition that some unfair means had been resorted to in order to deprive the living being of life. The incident afforded good grounds for general curiosity being raised, and general inquiry taking place; and hints were soon thrown out that it might be the body of Clarke, whose unexpected disappearance was still fresh in the memory of many, and whose continued absence had been the subject of so much surprise. Suggestions of his murder which had been thrown out by Aram's wife were called to mind, and a coroner's inquest being held, she was summoned. By this time a general impression prevailed that the remains found were those of Clarke, and the testimony of Mrs. Aram greatly confirmed the idea which had gone abroad. She deposed that she believed that Clarke had been murdered by Houseman and her husband, and that they had acquired considerable booty for the crime; but she was unable to give any account of her husband, or to state whether he still was in existence or not. Inquiries being made, however, Houseman was soon found; and on his being brought forward to be examined, he exhibited the utmost confusion. The coroner desired that he would take up one of the bones, probably with a view of seeing what effect such a proceeding would produce; and upon his doing so, he showed still further terror, and exclaimed, "This is no more Daniel Clarke's bone than it is mine!" The suspicions which were already entertained of his guilt were, in a great measure, confirmed by this observation; and it was generally believed that he knew the precise spot where the real remains of the murdered man were deposited, even if he had not been a party to their interment. He was therefore strictly questioned; and after many attempts at evasion, he said that Clarke was murdered by Eugene Aram, and that his body was buried in St. Robert's Cave, but that the head lay further to the right in the turn near the entrance of the cavern than the spot where the skeleton produced was found. Search was immediately made, and a skeleton was found in a situation corresponding exactly with that which had been pointed out. In consequence of this confession an inquiry was immediately set on foot for Aram, and after a considerable time he was discovered, occupying the situation of usher in a school at Lynn in Norfolk.

He was immediately apprehended and conveyed in custody to York Castle; and on the 13th of August 1759, he was brought to trial at the assizes before Mr. Justice Noel. The testimony of Houseman to the facts which we have described, and of the other witnesses whose evidence was of a corroborative character, was then adduced; and from the proof which was given, it appeared that the share of plunder derived by the prisoner did not exceed one hundred and fifty pounds.

Aram's defence was both ingenious and able, and would not have disgraced any of the best lawyers of the day. It is a curious and interesting address, and we subjoin it as affording the best criterion of the talents of the prisoner which can well be adduced. He thus addressed the court:--

"My Lord,--I know not whether it is of right or through some indulgence of your lordship that I am allowed the liberty at this bar, and at this time, to attempt a defence, incapable and uninstructed as I am to speak; since, while I see so many eyes upon me, so numerous and awful a concourse fixed with attention and filled with I know not what expectancy, I labour not with guilt, my lord, but with perplexity; for having never seen a court but this, being wholly unacquainted with law, the customs of the bar, and all judiciary proceedings, I fear I shall be so little capable of speaking with propriety in this place, that it exceeds my hope if I shall be able to speak at all.

"I have heard, my lord, the indictment read, wherein I find myself charged with the highest crime, with an enormity I am altogether incapable of; a fact, to the commission of which there goes far more insensibility of heart, more profligacy of morals, than ever fell to my lot; and nothing possibly could have admitted a presumption of this nature but a depravity not inferior to that imputed to me. However, as I stand indicted at your lordship's bar, and have heard what is called evidence adduced in support of such a charge, I very humbly solicit your lordship's patience, and beg the hearing of this respectable audience, while I, single and unskilful, destitute of friends and unassisted by counsel, say something, perhaps like argument, in my defence. I shall consume but little of your lordship's time: what I have to say will be short; and this brevity, probably, will be the best part of it: however, it is offered with all possible regard and the greatest submission to your lordship's consideration, and that of this honourable court.

"First, my lord, the whole tenor of my conduct in life contradicts every particular of the indictment: yet had I never said this, did not my present circumstances extort it from me, and seem to make it necessary. Permit me here, my lord, to call upon malignity itself, so long and cruelly busied in this prosecution, to charge upon me any immorality of which prejudice was not the author. No, my lord, I concerted no schemes of fraud, projected no violence, injured no man's person or property. My days were honestly laborious, my nights intensely studious; and I humbly conceive my notice of this, especially at this time, will not be thought impertinent or unseasonable, but, at least, deserving some attention; because, my lord, that any person, after a temperate use of life, a series of thinking and acting regularly, and without one single deviation from sobriety, should plunge into the very depth of profligacy precipitately and at once, is altogether improbable and unprecedented, and absolutely inconsistent with the course of things. Mankind is never corrupted at once. Villany is always progressive, and declines from right, step by step, till every regard of probity is lost, and every sense of all moral obligation totally perishes.

"Again, my lord, a suspicion of this kind, which nothing but malevolence could entertain and ignorance propagate, is violently opposed by my very situation at that time with respect to health; for, but a little space before, I had been confined to my bed, and suffered under a very long and severe disorder, and was not able, for half a year together, so much as to walk. The distemper left me indeed, yet slowly, and in part--but so macerated, so enfeebled, that I was reduced to crutches; and so far from being well about the time I am charged with this fact, I have never, to this day, perfectly recovered. Could then a person in this condition take anything into his head so unlikely, so extravagant?--I, past the vigour of my age, feeble and valetudinary, with no inducement to engage, no ability to accomplish, no weapon wherewith to perpetrate such a deed, without interest, without power, without motive, without means. Besides, it must needs occur to every one, that an action of this atrocious nature is never heard of, but when its springs are laid open. It appears that it was to support some indolence, or supply some luxury; to satisfy some avarice, or oblige some malice; to prevent some real or some imaginary want: yet I lay not under the influence of these. Surely, my lord, I may, consistently with both truth and modesty, affirm thus much; and none who have any veracity and knew me, will ever question this.

"In the second place, the disappearance of Clarke is suggested as an argument of his being dead; but the uncertainty of such an inference from that, and the fallibility of all conclusions of such a sort from such a circumstance, are too obvious and too notorious to require instances; yet superseding many, permit me to produce a very recent one, and that afforded by this Castle.

"In June 1757, William Thompson, for all the vigilance of this place, in open daylight and double-ironed, made his escape, and, notwithstanding an immediate inquiry set on foot, the strictest search, and all advertisement, was never heard of since. If, then, Thompson got off unseen, through all these difficulties, how very easy it was for Clarke, when none of them opposed him! But what would be thought of a prosecution commenced against any one seen last with Thompson?

"Permit me next, my lord, to observe a little upon the bones which have been discovered. It is said (which perhaps is saying very far) that these are the skeleton of a man. It is possible, indeed, it may; but is there any certain known criterion which incontestably distinguishes the sex in human bones? Let it be considered, my lord, whether the ascertaining of this point ought not to precede any attempt to identify them?

"The place of their depositum, too, claims much more attention than is commonly bestowed upon it; for of all places in the world, none could have mentioned any one wherein there was greater certainty of finding human bones than a hermitage, except he should point out a churchyard; hermitages, in time past, being not only places of religious retirement, but of burial too: and it has scarce or never been heard of, but that every cell now known contains or contained these relics of humanity, some mutilated and some entire. I do not inform, but give me leave to remind your lordship, that here sat solitary Sanctity, and here the hermit or the anchoress hoped that repose for their bones when dead they here enjoyed when living.

"All the while, my lord, I am sensible this is known to your lordship, and many in this Court, better than to me; but it seems necessary to my case that others, who have not at all, perhaps, adverted to things of this nature, and may have concern in my trial, should be made acquainted with it. Suffer me then, my lord, to produce a few of many evidences that these cells were used as repositories of the dead, and to enumerate a few in which human bones have been found, as it happened in this question; lest, to some, that accident might seem extraordinary, and, consequently, occasion prejudice.

"1. The bones, as was supposed, of the Saxon saint, Dubritius, were discovered buried in his cell at Guy's Cliff, near Warwick; as appears from the authority of Sir William Dugdale.

"2. The bones thought to be those of the anchoress Rosia were but lately discovered in a cell at Royston, entire, fair, and undecayed, though they must have lain interred for several centuries; as is proved by Dr. Stukely.

"3. But my own country--nay, almost this neighbourhood--supplies another instance; for in January 1747, were found, by Mr. Stovin, accompanied by a reverend gentleman, the bones, in part, of some recluse, in the cell at Lindholm, near Hatfield. They were believed to be those of William of Lindholm, a hermit, who had long made this cave his habitation.

"4. In February 1744, part of Woburn Abbey being pulled down, a large portion of a corpse appeared, even with the flesh on, and which bore cutting with a knife; though it is certain this had lain above two hundred years, and how much longer is doubtful; for this abbey was founded in 1145, and dissolved in 1538 or 1539.

"What would have been said, what believed, if this had been an accident to the bones in question?

"Farther, my lord:--it is not yet out of living memory that at a little distance from Knaresborough, in a field, part of the manor of the worthy and patriot baronet who does that borough the honour to represent it in parliament, were found, in digging for gravel, not one human skeleton only, but five or six, deposited side by side, with each an urn placed at its head, as your lordship knows was usual in ancient interments.

"About the same time, and in another field, almost close to this borough, was discovered also, in searching for gravel, another human skeleton; but the piety of the same worthy gentleman ordered both pits to be filled up again, commendably unwilling to disturb the dead.

"Is the invention of these bones forgotten, then, or industriously concealed, that the discovery of those in question may appear the more singular and extraordinary? whereas, in fact, there is nothing extraordinary in it. My lord, almost every place conceals such remains. In fields, in hills, in highway sides, in commons, lie frequent and unsuspected bones; and our present allotments for rest for the departed are but of some centuries.

"Another particular seems not to claim a little of your lordship's notice, and that of the gentlemen of the jury; which is, that perhaps no example occurs of more than one skeleton being found in one cell: and in the cell in question was found but one; agreeable, in this, to the peculiarity of every other known cell in Britain. Not the invention of one skeleton, but of two, would have appeared suspicious and uncommon. But it seems another skeleton has been discovered by some labourer, which was full as confidently averred to be Clarke's as this. My lord, must some of the living, if it promotes some interest, be made answerable for all the bones that earth has concealed and chance exposed? and might not a place where bones lay be mentioned by a person by chance as well as found by a labourer by chance? or is it more criminal accidentally to name where bones lie than accidentally to find where they lie?

"Here too is a human skull produced, which is fractured; but was this the cause, or was it the consequence, of death? was it owing to violence, or was it the effect of natural decay? If it was violence, was that violence before or after death? My lord, in May 1732, the remains of William, Lord Archbishop of this province, were taken up, by permission, in this cathedral, and the bones of the skull were found broken; yet certainly he died by no violence offered to him alive that could occasion that fracture there.

"Let it be considered, my lord, that, upon the dissolution of religious houses and the commencement of the Reformation, the ravages of those times affected both the living and the dead. In search after imaginary treasures, coffins were broken up, graves and vaults dug open, monuments ransacked, and shrines demolished; and it ceased about the beginning of the reign of Queen Elizabeth. I entreat your lordship, suffer not the violence, the depredations, and the iniquities of those times, to be imputed to this.

"Moreover, what gentleman here is ignorant that Knaresborough had a castle, which, though now a ruin, was once considerable both for its strength and garrison? All know it was vigorously besieged by the arms of the parliament; at which siege, in sallies, conflicts, flights, pursuits, many fell in all the places round it, and, where they fell, were buried, for every place, my lord, is burial-earth in war; and many, questionless, of these rest yet unknown, whose bones futurity shall discover.

"I hope, with all imaginable submission, that what has been said will not be thought impertinent to this indictment; and that it will be far from the wisdom, the learning, and the integrity of this place, to impute to the living what zeal in its fury may have done--what nature may have taken off, and piety interred--or what war alone may have destroyed, alone deposited.

"As to the circumstances that have been raked together, 1 have nothing to observe but that all circumstances whatever are precarious, and have been but too frequently found lamentably fallible; even the strongest have failed. They may rise to the utmost degree of probability, yet they are but probability still. Why need I name to your lordship the two Harrisons recorded by Dr. Howel, who both suffered upon circumstances because of the sudden disappearance of their lodger, who was in credit, had contracted debts, borrowed money, and went off unseen, and returned a great many years after their execution? Why name the intricate affair of Jacques de Moulin, under King Charles II. related by a gentleman who was counsel for the crown? And why the unhappy Coleman, who suffered innocently, though convicted upon positive evidence; and whose children perished for want, because the world uncharitably believed the father guilty? Why mention the perjury of Smith, incautiously admitted king's evidence: who, to screen himself, equally accused Faircloth and Loveday of the murder of Dun; the first of whom, in 1749, was executed at Winchester; and Loveday was about to suffer at Reading, had not Smith been proved perjured, to the satisfaction of the Court, by the governor of Gosport hospital?

"Now, my lord, having endeavoured to show that the whole of this process is altogether repugnant to every part of my life; that it is inconsistent with my condition of health about that time; that no rational inference can be drawn that a person is dead who suddenly disappears; that hermitages are the constant depositaries of the bones of a recluse; that the proofs of this are well authenticated; that the revolutions in religion, or the fortunes of war, have mangled or buried the dead;--the conclusion remains, perhaps, no less reasonable than impatiently wished for. I, at last, after a year's confinement, equal to either fortune, put myself upon the justice, the candour, and the humanity of your lordship; and upon yours, my countrymen, gentlemen of the jury."

The delivery of this address created a very considerable impression in court; but the learned judge having calmly and with great perspicuity summed up the evidence which had been produced, and having observed upon the prisoner's defence, which he declared to be one of the most ingenious pieces of reasoning that had ever fallen under his notice, the jury, with little hesitation, returned a verdict of Guilty. Sentence of death was then passed upon the prisoner, who received the intimation of his fate with becoming resignation. After his conviction, he confessed the justice of his sentence to two clergymen who were directed to attend him--a sufficient proof of the fruitlessness of the efforts to prove him innocent, which the morbid sentimentality of late writers has induced them to attempt. Upon an inquiry being made of him as to his reason for committing the crime, he declared that he had reason to suspect Clarke of having had unlawful intercourse with his wife; and that at the time of his committing the murder he had thought that he was acting rightly, but that he had since thought that his crime could not be justified or excused. In the hopes of avoiding the ignominious death which he was doomed to suffer, on the night before his execution he attempted to commit suicide by cutting his arm in two places with a razor, which he had concealed for that purpose. This attempt was not discovered until the morning, when the jailor came to lead him forth to the place of execution, and he was then found almost expiring from loss of blood. A surgeon was immediately sent for, who found that he had wounded himself severely on the left arm, above the elbow and near the wrist, but he had missed the artery, and his life was prolonged only in order that it might be taken away on the scaffold. When he was placed on the drop, he was perfectly sensible, but was too weak to be able to join in devotion with the clergyman who attended him He was executed at York on the 16th August 1759; and his body was afterwards hung in chains in Knaresborough Forest.

The following papers were afterwards found in his handwriting on the table in his cell. The first contained reasons for his attempt upon his life, and was as follows:--"What am I better than my fathers? To die is natural and necessary. Perfectly sensible of this, I fear no more to die than I did to be born. But the manner of it is something which should, in my opinion, be decent and manly. I think I have regarded both these points. Certainly no man has a better right to dispose of a man's life than himself; and he, not others, should determine how. As for any indignities offered to my body, or silly reflections on my faith and morals, they are, as they always were, things indifferent to me. I think, though contrary to the common way of thinking, I wrong no man by this, and hope it is not offensive to that eternal Being that formed me and the world: and as by this I injure no man, no man can be reasonably offended. I solicitously recommend myself to that eternal and almighty Being, the God of Nature, if I have done amiss. But perhaps I have not; and I hope this thing will never be imputed to me. Though I am now stained by malevolence and suffer by prejudice, I hope to rise fair and unblemished. My life was not polluted, my morals irreproachable, and my opinions orthodox. I slept sound till three o'clock, awaked, and then writ these lines--

Come, pleasing rest! eternal slumbers, fall!
Seal mine, that once must seal the eyes of all.
Calm and composed my soul her journey takes;
No guilt that troubles, and no heart that aches.
Adieu, thou sun! all bright, like her, arise!
Adieu, fair friends, and all that's good and wise!"

The second was in the form of a letter, addressed to a former companion, and was in the following terms:

"MY DEAR FRIEND,--Before this reaches you, I shall be no more a living man in this world, though at present in perfect bodily health: but who can describe the horrors of mind which I suffer at this instant? Guilt--the guilt of blood shed without any provocation, without any cause but that of filthy lucre--pierces my conscience with wounds that give the most poignant pains! 'Tis true the consciousness of my horrid guilt has given me frequent interruptions in the midst of my business or pleasures; but yet I have found means to stifle its clamours, and contrived a momentary remedy for the disturbance it gave me by applying to the bottle or the bowl, or diversions, or company, or business; sometimes one, and sometimes the other, as opportunity offered: but now all these, and all other amusements, are at an end, and I am left forlorn, helpless, and destitute of every comfort; for I have nothing now in view but the certain destruction both of my soul and body. My conscience will now no longer suffer itself to be hoodwinked or browbeat: it has now got the mastery; it is my accuser, judge, and executioner: and the sentence it pronounceth against me is more dreadful than that I heard from the bench, which only condemned my body to the pains of death, which are soon over; but conscience tells me plainly that she will summon me before another tribunal, where I shall have neither power nor means to stifle the evidence she will there bring against me; and that the sentence which will then be denounced will not only be irreversible, but will condemn my soul to torments that will know no end.

"Oh! had I but hearkened to the advice which dear-bought experience has enabled me to give, I should not now have been plunged into that dreadful gulf of despair which I find it impossible to extricate myself from; and therefore my soul is filled with horror inconceivable. I see both God and man my enemies, and in a few hours shall be exposed a public spectacle for the world to gaze at. Can you conceive any condition more horrible than mine? O, no! it cannot be! I am determined, therefore, to put a short end to trouble I am no longer able to bear, and prevent the executioner by doing his business with my own hand, and shall by this means at least prevent the shame and disgrace of a public exposure, and leave the care of my soul in the hands of eternal mercy. Wishing you all health, happiness, and prosperity, I am, to the last moment of my life, yours, with the sincerest regard,

"EUGENE ARAM."

It is impossible to view the circumstances of this remarkable case, without being struck with the extraordinary conduct of Aram. It is most singular that a man of his talents and mind should have leagued himself with a person like Houseman, who appears to have been utterly uneducated, in the commission of a murder, and with the hope only of gain; for whatever his declarations after his conviction may have been, as to his object being revenge only for the supposed injury which had been done him by his victim in the seduction of his wife, his ready acquiescence in the plot with another, and his willing acceptance of the plunder which was obtained, distinctly show that that was not the only end which he sought to attain. If, indeed, his feelings were outraged, as he suggested, he would have selected some other mode of obtaining that satisfaction to which the injury alleged would have entitled him; and it is hardly to be supposed that he would have obtained the assistance of another to secure the object which he had in view, more particularly when it appears that it was he who absolutely committed the foul act, without the immediate aid of Houseman,--a circumstance which clearly exemplifies the power which he possessed to dispose of his victim, and which would seem to show a desire on his part only to obtain the participation of another in a preconceived act, anticipating doubtless that some aid would be necessary in appropriating and disposing of the property which might be procured from the deceased, and also that some advice would be requisite in the event of suspicion attaching to him. But while these circumstances cannot but surprise us, how much more astonishing is the Divine power of Providence, which disclosed to human eyes, after so long a lapse of time, such evidence as in the result proved the commission of the crime, and which secured the seizure of the criminal, who had up to that time remained unsuspected, and who even then was living in fancied security, free from all fear of discovery and apprehension! It is said that

"--- Murder! though it have no tongue, will speak
With most miraculous organ:"

and how truly is this observation of the most wonderful of poets exemplified by nearly every page of these records of crime!

WILLIAM ANDREW HORNE, ESQ.

EXECUTED FOR MURDER.

The short notice which we give of this man exhibits a human being reduced far below the level of a beast.

The subject of the memoir was the eldest son of a gentleman of fortune in Nottinghamshire, who in vain strove to instil into the mind of his son any of those principles of rectitude, without which man cannot be considered to be humanised. The sports of the field, and all the dissipation which a country squire could at that time obtain, formed the amusements of this reckless youth. His passion for women was unbounded; but his love of gold surpassed all the other bad qualities which so peculiarly distinguished him. It was while his father yet lived that he committed that crime for which his life was eventually forfeited; and it appears to have occurred in the following manner:--