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Chapter XXXVII: Part 37

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The prisoner then read various documents containing the statement the whole of his affairs in Russia; and in the course of narrating these hardships, took occasion to explain several points, adverting with great feeling to the unhappy situation in which he was placed, from the circumstance of his having been lately married to his wife, then about twenty years of age, with an infant at her breast, and who had been waiting for him at St. Petersburgh, in order that she might accompany him to England,--a prey to all those anxieties which the unexpected and cruel incarceration of her husband, without any just grounds, was calculated to excite. (He was here much affected.) He also described his feelings at a subsequent period, when his wife, from an anxiety to reach her native country (England) when in a state of pregnancy, and looking to the improbability of his liberation, was obliged to quit Petersburgh unprotected, and undertake the voyage at the peril of her life; while Lord L. Gower and Sir S. Shairp suffered him to remain in a situation worse than death. "My God! my God!" he exclaimed, "what heart could bear such excruciating tortures, without bursting with indignation at conduct so diametrically opposite to justice and to humanity. I appeal to you, gentlemen of the jury, as men--I appeal to you as brothers--I appeal to you as Christians--whether, under such circumstances of persecution, it was possible to regard the actions of the ambassador and consul of my own country with any other feelings but those of detestation and horror! In using language thus strong, I feel that I commit an error; yet does my heart tell me, that towards men who lent themselves thus to bolster up the basest acts of persecution, there are no observations, however strong, which the strict justice of the case would not excuse my using. Had I been so fortunate as to have met Lord Leveson Gower instead of that truly amiable and highly-lamented individual, Mr. Perceval, he is the man who should have received the ball!"

The prisoner then went on to state that on his coming to England he had represented his hardships to the Marquis Wellesley, from whose secretary he received the following answer:--

"Foreign Office, January 31, 1810.

"SIR,--I am directed by the Marquis Wellesley to transmit to you
the papers which you sent to this office, accompanied by your
letter of the 27th of last month; and I am to inform you, that his
majesty's government is precluded from interfering in the support
of your case, in some measure, by the circumstances of the case
itself, and entirely so at the present moment by the suspension of
intercourse with the court of St. Petersburgh.

"I am, &c.

(Signed) "CULLING CHARLES SMITH."

"I would beg to know (he continued) what course it was possible for me, after receiving this letter, to pursue? If his majesty's government thus refused me redress, what must be my next step? The only thing I could do was, to bring a serious charge against Sir Stephen Shairp and Lord Leveson Gower; which I accordingly did, by addressing a complete statement of my case to the privy council, from whom I received the following answer:--

"'Council Office, Whitehall, May 16, 1810.

"'Sir,--I am directed by the lords of the council to acquaint you,
that their lordships having taken into consideration your petition
on the subject of your arrest in Russia, do not find that it is a
matter in which their Lordships can, in any manner, interfere.

'I am, Sir, &c.

'W. FAWKNER.'

"Having then understood that any remuneration which I might conceive myself entitled to, I could only procure through the medium of parliament, I applied myself to several members of parliament, to ascertain what line of conduct I ought to pursue in order to obtain that desirable end. These gentlemen told me, that I should make application to the chancellor of the exchequer--thus petitioning for leave to bring in a petition upon a subject which, being well founded, became a matter of right, and not of favour. In consequence, however, of this advice, I did write a letter to Mr. Perceval, from whom I received an answer dated Downing Street, 27th May 1810, as follows:--

"'SIR,--I am desired by Mr. Perceval to state to you, in reply to
your letter of yesterday, that the time for presenting private
petitions has long since passed; and that Mr. Perceval cannot
encourage you to expect his sanction in introducing into the house
a petition which Mr. Perceval thinks is not of a nature for the
consideration of parliament.

'I am, &c.

'THOMAS BROOKSBANK.'

"I apprehend, however, that this information is not founded in fact: if I am wrong, I see several gentlemen round me, connected with the house of commons, who will set me right. That there is no particular time limited for the presentation of private petitions, and that they might be brought forward at any period of the session, I am inclined to think the usages of the house will permit. The latter clause of Mr. Perceval's letter, which states that my claims are not of a nature for the consideration of parliament, appears to me inexplicable. If they are not referred to that branch of the legislature, to whose consideration then ought they to be submitted? Yet thus was I bandied about from man to man, and from place to place. Suppose this had been the case with either of you, gentlemen of the jury, and that your sufferings had been equal to mine, what would have been your feelings? It is the duty of every individual to apply through the proper channel for redress, and through what other channel ought you to apply but through the heads of government? Upon this occasion, however, those whose duty it was to have redressed my grievances treated them with indifference, and were deaf to the dictated of justice. In consequence of this denial on the part of Mr. Perceval to investigate a business in which the national honour was concerned, I was left at a loss how to act, or what course to pursue: I, therefore, returned home, and remained inactive for nearly eighteen months, when, finding that I could no longer hold up against the ruinous effects of those failures which were the consequence of the injustice with which I had been treated, every one coming upon me for that which I was unable to pay, and my family borne down by the deepest affliction at the distresses to which they were exposed, I found it necessary to renew my applications, which I did to the treasury, and submitted to them a petition, reiterating those claims I had so unsuccessfully made before. To this application I received for answer--

"'Treasury Chambers, Feb. 24, 1810.

"'SIR,--Having laid before the lords commissioners of his majesty's
treasury your petition of the 16th instant, submitting a statement
of losses sustained by you in Russia, and praying relief, I am
commanded by their lordships to return to you the documents
transmitted therewith, and to acquaint you that my lords are not
able to afford you any relief.

'I am, &c.

'GEO. HARRISON.'

"I next made application to his royal highness the Prince Regent to have my affairs laid before parliament, explaining anew the disgraceful conduct of the consul and ambassador at Russia, who, by suffering me to be so persecuted, had been guilty of an act which brought eternal disgrace on the country. (Here he read documents similar to the former, and repeated all the statements respecting the manner in which he had been treated in Russia.) The answer I received was as follows:

"'Whitehall, Feb. 18, 1812.

"'SIR,--I am directed by Mr. Secretary Ryder to acquaint you that
your petition to his royal highness the Prince Regent has been
referred, by the command of his royal highness, for the
consideration of the lords of his majesty's most honourable privy
council.

'I am, &c.

'J. BECKETT.'

"After this I made application to the privy council office, and had communications with Lord Chetwynd and Mr. Duller, the two clerks of that council, who informed me that I had nothing to expect from their decision. I then applied to know the reason in writing, why the privy council declined to act in obedience to the instructions of his royal highness the Prince Regent; which request I was informed by Mr. Litchfield could not be complied with.

"Under these circumstances, I communicated the whole to his royal highness, and enclosed to him a petition to be laid before parliament. (The petition was here read, and the answer of Mr. Beckett, dated March 9, 1812, stating that his royal highness had signified no commands thereupon, and returning the petition accordingly.) So baffled (he pursued), what could a man do? Reduced to the last extremity of distress without having been guilty of a single political crime which could call for reprehension, here I was forced to the commission of that melancholy act (bursting into tears) which I, as well as my country, have so sincerely to regret. My wife and my poor children crying for the means of existence, what alternative had I but to seek redress by some such dreadful act as that for which I have now to answer? His majesty's ministers, referring me backwards and forwards like a shuttlecock, without showing the slightest disposition even to regard my wrongs as deserving of the smallest consideration, in duty to myself, I was forced to seek justice, and avenge my own cause. I was told I could not get my case before parliament without the sanction of his majesty's ministers. To General Gascoigne, for the politeness and attention with which he heard my statement, and the disposition he evinced to relieve me were it in his power, I have to express my gratitude. He informed me, if any of his majesty's ministers would sanction my claims, and that I was able to authenticate the particulars I had related, he should be happy to meet my wishes by laying my petition before the house. Supposing now that I should feel little difficulty in obtaining such sanction, and satisfied that by a journey to Liverpool I should be able to produce documents which would fully establish the truth of every word I had uttered, I began to hope that the goal of my long-hoped-for wishes was now in view. I, therefore, directed a letter to Mr. Ryder, requesting the permission I understood to be essential to my purpose. Here, however, my expectations were again blasted, and those flattering dreams of success which had filled my mind with joy were dashed for ever from my reach; and this letter at once showed me that I had no justice to look for." Here he read the letter as follows:--

"Whitehall, March 20, 1812.

"SIR,--I am directed by Mr. Secretary Ryder to acknowledge the
receipt of your letter of the 17th instant, requesting permission,
on the part of his majesty's ministers, to present your petition to
the house of commons; and in reply I am to acquaint you, that you
should address your application to the right hon. the chancellor of
the exchequer.

"I am, &c.

"J. BECKETT."

"At last, then, I was told I had nothing to expect, and was forced reluctantly to notice in a more determined manner the ill-treatment I had received. To this end I enclosed the particulars of my case to the magistrates of Bow Street. (The prisoner then read the letter which we have already given.)

"In the course of two days I called again at Bow Street for an answer to this letter, when I received a little memorandum, in Mr. Reid's writing, in which he states that he cannot interfere in my affairs, and that he had felt it his duty to communicate the contents of my packet to the secretary of state. Had he done otherwise he would have been extremely reprehensible, as events have turned out so calamitously--events which go to my heart to allude to. (Much affected.) At last, in reply to a letter of the 18th of April, I received a final and direct answer, which at once convinced me that I had no reason to expect any adjustment whatever of those claims which I had on his majesty's government, for my criminal detention in Russia. It was in these terms:--

"'Whitehall, April 18, 1812.

"'SIR,--I am directed by Mr. Secretary Ryder to acknowledge the
receipt of your letter of the 13th instant, requesting to be
informed in what stage your claim on his majesty's government for
criminal detention in Russia now is. In reply, I am to refer you to
my several letters of the 18th of February, 9th and 20th of March,
by which you have been already informed that your first petition to
his royal highness the Prince Regent, praying for remuneration, had
been referred to the consideration of the lords of the council.
That upon your second memorial, praying his royal highness to give
orders that the subject should be brought before parliament, his
royal highness had not been pleased to signify any commands. And,
lastly, in answer to your application to Mr. Ryder, requesting
permission on the part of his majesty's ministers to present your
petition to the house of commons, you were informed that your
application should be addressed to the right hon. the chancellor of
the exchequer.

'I am, &c.

'J. BECKETT.'

"After this, on personal application at the office of the secretary of state, and intimating my intention to take justice in my own hand, I was told, by the mouth of Mr. Hill, that I was at liberty to take such measures as I thought proper. Who then is to be reprobated in this case?--those who were regardless of every feeling of honour and of justice, or him who, spurred on by injury and neglect, and with a due notice of his intentions, pursued the only course likely to lead to a satisfactory termination of calamities which had weighed him down to the lowest ebb of misery! I will now only mention a few observations by way of defence. You have before you all the particulars of this melancholy transaction. Believe me, gentlemen, the rashness of which I have been guilty has not been dictated by any personal animosity to Mr. Perceval, rather than injure whom, from private or malicious motives, I would suffer my limbs to be cut from my body. (Here the prisoner seemed again much agitated.)

"If, whenever I am called before the tribunal of God, I can appear with as clear a conscience as I now possess in regard to the alleged charge of the wilful murder of the unfortunate gentleman, the investigation of whose death has occupied your attention, it would be happy for me, as essentially securing to me eternal salvation; but that is impossible. That my arm has been the means of his melancholy and lamented exit, I am ready to allow. But to constitute murder, it must clearly and absolutely be proved to have arisen from malice prepense, and with a malicious design, as I have no doubt the learned judge will shortly lay down, in explaining the law on the subject. If such is the case, I am guilty; if not, I look forward with confidence to your acquittal.

"That the contrary is the case has been most clearly and irrefutably proved; no doubt can rest upon your minds, as my uniform and undeviating object has been an endeavour to obtain justice, according to law, for a series of the most long-continued and unmerited sufferings that were ever submitted to a court of law, without having been guilty of any other crime than an appeal for redress for a most flagrant injury offered to my sovereign and my country, wherein my liberty and property have fallen a sacrifice for the continued period of eight years, to the total ruin of myself and family (with authenticated documents of the truth of the allegations), merely because it was Mr. Perceval's pleasure that justice should not be granted, sheltering himself with the idea of there being no alternative remaining, as my petition to parliament for redress could not be brought (as having a pecuniary tendency) without the sanction of his Majesty's ministers, and that he was determined to oppose my claim, by trampling both on law and right.

"Gentlemen, where a man has so strong and serious a criminal case to bring forward as mine has been, the nature of which was purely national, it is the bounden duty of government to attend to it; for justice is a matter of right, and not of favour. And when a minister is so unprincipled and presumptuous at any time, but especially in a case of such urgent necessity, to set himself above both the sovereign and the laws, as has been the case with Mr. Perceval, he must do it at his personal risk; for by the law he cannot be protected.

"Gentlemen, if this is not fact, the mere will of a minister would be law; it would be this thing to-day and the other thing to-morrow, as either interest or caprice might dictate.--What would become of our liberties? Where would be the purity and the impartiality of the justice we so much boast of?--To government's non-attendance to the dictates of justice is solely to be attributed the melancholy catastrophe of the unfortunate gentleman, as any malicious intention to his injury was the most remote from my heart. Justice, and justice only, was my object, which government uniformly objected to grant; and the distress it reduced me to, drove me to despair in consequence; and, purely for the purpose of having this singular affair legally investigated, I gave notice at the public office, Bow Street, requesting the magistrates to acquaint his majesty's ministers, that if they persisted in refusing justice, or even to permit me to bring my just petition into parliament for redress, I should be under the imperious necessity of executing justice myself, solely for the purpose of ascertaining, through a criminal court, whether his majesty's ministers have the power to refuse justice to a well-authenticated and irrefutable act of oppression, committed by the consul and ambassador abroad, whereby my sovereign's and country's honour were materially tarnished, by my person endeavouring to be made the stalking-horse of justification, to one of the greatest insults that could be offered to the crown. But in order to avoid so reluctant and abhorrent an alternative, I hoped to be allowed to bring my petition to the house of commons--or that they would do what was right and proper themselves. On my return from Russia, I brought most serious charges to the privy council, both against Sir Stephen Shairp and Lord Granville Leveson Gower, when the affair was determined to be purely national, and consequently it was the duty of his majesty's ministers to arrange it by acting on the resolution of the council. Suppose, for instance, the charge I brought could have been proved to be erroneous, should not I have been called to a severe account for my conduct? But, being true, ought not I to have been redressed?

"After the notice from the police to government, Mr. Ryder, conscious of the truth and cruelty of the case, transmitted the affair to the Treasury, referring me there for a final result. After a delay of some weeks, the Treasury came to the resolution of sending the affair back to the secretary of state's office; at the same time I was told by a Mr. Hill, that he thought it would be useless my making further application to government, and that I was at liberty to take such measures as I thought proper for redress.

"Mr. Beckett, the under-secretary of state, confirmed the same, adding that Mr. Perceval had been consulted, and could not allow my petition to come forward. This direct refusal of justice, with a _carte blanche_ to act in whatever manner I thought proper, were the sole causes of the fatal catastrophe--and they have now to reflect on their own impure conduct for what has happened.

"It is a melancholy fact, that the warping of justice, including all the various ramifications in which it operates, occasions more misery in the world, in a moral sense, than all the acts of God in a physical one, with which he punishes mankind for their transgressions; a confirmation of which, the single, but strong, instance before you is one remarkable proof.

"If a poor unfortunate man stops another upon the highway, and robs him of but a few shillings, he may be called upon to forfeit his life. But I have been robbed of my liberty for years, ill-treated beyond precedent, torn from my wife and family, bereaved of all my property to make good the consequences of such irregularities, deprived and bereaved of everything that makes life valuable, and then called upon to forfeit it, because Mr. Perceval has been pleased to patronize iniquity that ought to have been punished, for the sake of a vote or two in the House of Commons, with, perhaps, a similar good turn elsewhere.

"Is there, gentlemen, any comparison between the enormity of these two offenders? No more than a mite to a mountain. Yet the one is carried to the gallows, while the other stalks in security, fancying himself beyond the reach of law or justice; the most honest man suffers, while the other goes forward in triumph to new and more extended enormities.

"We have had a recent and striking instance of some unfortunate men who have been called upon to pay their lives as the forfeit of their allegiance, in endeavouring to mitigate the rigours of a prison. But, gentlemen, where is the proportion between the crimes for which they suffered, and what the Government has been guilty of, in withholding its protection from me? Even in a Crown case, after the years of sufferings, I have been called upon to sacrifice all my property, and the welfare of my family, to bolster up the iniquities of the Crown; and then am prosecuted for my life, because I have taken the only possible alternative to bring the affair to a public investigation, for the purpose of being enabled to return to the bosom of my family with some degree of comfort and honour. Every man within the sound of my voice must feel for my situation; but by you, gentlemen of the jury, it must be felt in a peculiar degree, who are husbands and fathers, and can fancy yourselves in my situation.--I trust that this serious lesson will operate as a warning to all future ministers, and lead them to do the thing that is right, as an unerring rule of conduct; for, if the superior classes were more correct in their proceedings, the extensive ramifications of evil would, in a great measure, be hemmed up--and a notable proof of the fact is, that this court would never have been troubled with the case before it, had their conduct been guided by these principles.

"I have now occupied the attention of the court for a period much longer than I intended; yet, I trust, they will consider the awfulness of my situation to be a sufficient ground for a trespass, which, under other circumstances, would be inexcusable. Sooner than suffer what I have suffered for the last eight years, however, I should consider five hundred deaths, if it were possible for human nature to endure them, a fate far more preferable. Lost so long to all the endearments of my family, bereaved of all the blessings of life, and deprived of its greatest sweet, liberty, as the weary traveller, who has long been pelted by the pitiless storm, welcomes the much desired inn, I shall receive death as the relief of all my sorrows. I shall not occupy your attention longer; but, relying on the justice of God, and submitting myself to the dictates of your conscience, I submit to the _fiat_ of my fate, firmly anticipating an acquittal from a charge so abhorrent to every feeling of my soul."

Here the prisoner bowed, and his counsel immediately proceeded to call the witnesses for the defence.

Anne Billet, who appeared under the strongest impressions of grief, being sworn, deposed, that she lived in the county of Southampton; she came to London in consequence of having read in the newspapers of the prisoner having been apprehended for the murder of Mr. Perceval. She was induced to come to town, from a conviction that she knew more of him than any other friend. She knew him from a child. He resided latterly at Liverpool, from whence he came at Christmas last. She knew him to be a merchant. His father died insane in Titchfield-street, Oxford-road; she firmly believed that, for the last three or four years, the prisoner was in a state of derangement, respecting the business which he had been pursuing. She had not seen him for twelve months until the present moment. She always thought him deranged when his Russian affairs were the subject of conversation.

When cross-examined by Mr. Garrow, she deposed, that when in London with the prisoner about twelve months since, he was going to different government offices to seek redress of his grievances. He was then in a state of derangement, as he had been ever since his return from Russia. There was one instance which occurred at the period to which she was alluding, which strongly confirmed her in the opinion of his insanity. About Christmas he told his wife and witness, that now he was come from Russia he had realised more than 100,000_l_., with which he intended to buy an estate in the west of England, and to have a house in London.--He admitted that he had not got the money, but said it was the same as if he had, for he had gained his cause in Russia, and our government would make good all the loss he had sustained. He repeatedly said to her and to his wife that this was assuredly the fact. Upon one occasion he took Mrs. Bellingham and the witness to the secretary of state's office, where they saw Mr. Smith, who said if he had not ladies with him he would not have come to him at all.--The prisoner told Mr. Smith, that the reason why he brought them was, to convince them that his claims were just, and that he would very shortly receive the money. Mr. Smith told him he could say nothing upon this subject; he had already sent him a letter alleging that he had nothing to expect. The prisoner then requested Mr. Smith would answer him one question--"My friends say I am out of my senses; is it your opinion that I am so?" Mr. Smith said it was a very delicate question, and one he did not wish to answer. Having then departed, when they got into the carriage which waited for them, he took hold of his wife's hand and said, "I hope, now, my dear, you are convinced all will now end as we wish." Since that period she knew that he had been pursuing his object _alone_, his wife remaining at Liverpool.

Other witnesses were called, who deposed to like facts and to their belief in the insanity of the prisoner, but Lord Chief Justice Mansfield having summed up the case, the jury, after a consultation of two minutes and a half in the box, expressed a wish to retire; and an officer of the court being sworn, accompanied them to the jury-room. As they passed out, the prisoner regarded them separately with a look of mingled confidence and complacency. They were absent fourteen minutes; and, on their return into court, their countenances, acting as indices to their minds, at once unfolded the determination to which they had come. The prisoner again directed his attention to them in the same manner as before.

The names being called over, and the verdict asked for in the usual form, the foreman in a faltering voice, announced the fatal decision of--Guilty.

The prisoner's countenance here indicated surprise, unmixed, however, with any demonstrations of that concern which the awfulness of his situation was calculated to produce.

The Recorder then passed the awful sentence of death on the prisoner in the most feeling manner, and he was ordered for execution on the following Monday, his body to be anatomised. He received the sentence without any emotion.

From the time of his condemnation, the unfortunate convict was fed upon bread and water. All means of suicide were removed, and he was not allowed to be shaved; a prohibition which gave him much concern, as he feared he should not appear as a gentleman. He was visited by the ordinary on Saturday, and some religious gentlemen called on him on Sunday, with whose conversation he seemed greatly pleased. He appeared naturally depressed by his situation; but persisted in a resolute denial of his guilt. He frequently said that he had prepared himself to go to his Father, and that he should be pleased when the hour came.

Being informed, by Mr. Newman, that two gentlemen from Liverpool had called, and left word that his wife and children would be provided for, he seemed but little affected; but, having requested pen, ink, and paper, he wrote the following letter to his wife:--

"MY BLESSED MARY,--It rejoiced me beyond measure to hear you are likely to be well provided for. I am sure the public at large will participate in, and mitigate, your sorrows; I assure you, my love, my sincerest endeavours have ever been directed to your welfare.--As we shall not meet any more in this world, I sincerely hope we shall do so in the world to come. My blessing to the boys, with kind remembrance to Miss Stephens, for whom I have the greatest regard, in consequence of her uniform affection for them. With the purest intentions, it has always been, my misfortune to be thwarted, misrepresented, and ill-used in life; but, however, we feel a happy prospect of compensation in a speedy translation to life eternal.--It's not possible to be more calm or placid than I feel, and nine hours more will waft me to those happy shores where bliss is without alloy.--Yours ever affectionate,--JOHN BELLINGHAM."

That the unfortunate man was afflicted with a strange malady, which occasionally rendered him incapable of correct conclusions, must be evident from the following note, which he wrote the night preceding his execution:--"I lost my suit solely through the improper conduct of my attorney and counsel, Mr. Alley, in not bringing my witnesses forward (of whom there were more than twenty): in consequence, the judge took advantage of the circumstance, and I went of [on] the defence without having brought forward a single friend--otherwise I must inevitably have been acquitted."

On the Monday morning at about six o'clock he rose and dressed himself with great composure, and read for half an hour in the prayer-book. Dr. Ford being then announced, the prisoner shook him most cordially by the hand, and left his cell for the room allotted for the condemned criminals. He repeated the declaration which he had frequently before made, that his mind was perfectly calm and composed, and that he was fully prepared to meet his fate with resignation. After a few minutes spent in prayer, the sacrament was administered to him, and during the whole of the ceremony he seemed to be deeply impressed with the truths of the christian religion, and repeatedly uttered some pious ejaculations. After the religious ceremony was ended, the prisoner was informed that the sheriff's were ready. He answered in a firm tone of voice, "I am perfectly ready also."

The executioner then proceeded to fasten his wrists together, and the prisoner turned up the sleeves of his coat, and clasped his hands together, presenting them to the man, who held the cord, and said, "So." When they were fastened, he desired his attendants to pull down his sleeves so as to cover the cord. The officer then proceeded to secure his arms behind him; and when the man had finished, he moved his hands upwards, as if to ascertain whether he could reach his neck, and asked whether they thought his arms were sufficiently fastened; saying, that he might struggle, and that he wished to be so secured as to prevent any inconvenience arising from it. He was answered that the cord was quite secure, but he requested that it might be tightened a little, which was accordingly done. During the whole of the awful scene he appeared perfectly composed and collected; his voice never faltered, but just before he left the room to proceed to the place of execution, he stooped down his head, and appeared to wipe away a tear. He was then conducted by the lord mayor, sheriffs, under-sheriffs and officers (Dr. Ford walking with him) from the room, in which he had remained from the time his irons were taken off, through the press-yard and the prison to the fatal spot, before the debtors' door at Newgate.

He ascended the scaffold with rather a light step, a cheerful countenance, and a confident, a calm, but not an exulting air. He looked about him a little, lightly and rapidly, which seems to have been his usual manner and gesture, but made no remark.

Before the cap was put over his face, Dr. Ford asked if he had any last communication to make, or anything particular to say. He was again proceeding to talk about Russia and his family, when Dr. Ford stopped him, calling his attention to the eternity into which he was entering; and praying, Bellingham prayed also. The clergyman then asked him how he felt; and he answered calmly and collectedly, that "he thanked God for having enabled him to meet his fate with so much fortitude and resignation." When the executioner proceeded to put the cap over his face, Bellingham objected to it, and expressed a strong wish that the business could be done without it; but Dr. Ford said that was not to be dispensed with. While the cap was being fastened on, it being tied round the lower part of the face by the prisoner's neckerchief, and just when he was tied up, about a score of persons in the mob set up a loud and reiterated cry of "God bless you!" "God save you!" This cry lasted while the cap was fastening on; and, though those who raised it were loud and daring, it was joined in by but very few. The ordinary asked Bellingham if he heard what the mob were saying. He said he heard them crying out something, but he did not understand what it was, and inquired what. The cry having by this time ceased, the clergyman did not inform him what it was. The fastening on of the cap being accomplished, the executioner retired, and a perfect silence ensued. Dr. Ford continued praying for about a minute, while the executioner went below the scaffold, and preparations were made to strike away its supporters. The clock struck eight, and while it was striking the seventh time, the clergyman and Bellingham both fervently praying, the supporters of the internal part of the scaffold were struck away, and Bellingham dropped out of sight down as far as the knees, his body being in full view, and the clergyman was left standing on the outer frame of the scaffold. When Bellingham sunk, the most perfect and awful silence prevailed; not even the slightest attempt at a huzza or noise of any kind whatever was made.

The body was afterwards carried in a cart, followed by a crowd of the lower class, to St. Bartholomew's Hospital, and privately dissected.

The greatest precautions were adopted to prevent accidents among the crowd.--A large bill was placarded at all the avenues to the Old Bailey, and carried about on a pole, to this effect:--"Beware of entering the crowd!--Remember thirty poor creatures were pressed to death by the crowd when Haggerty and Holloway were executed," and no accident of any moment occurred.

To prevent any disposition to tumult, a military force was stationed near Islington, and to the south of Blackfriars Bridge; and all the volunteer corps of the metropolis received instructions to be under arms during the whole of the day.

THE LUDDITES.

The name of this deluded faction was taken from the person by whom they represented that they were led on to commit the irregularities of which they were guilty--General Ludd. It appears that the cotton manufacturers of Nottinghamshire, Derbyshire, Leicestershire, and some parts of Yorkshire, having suffered under a considerable reduction of wages and scarcity of work, which they attributed to the very extensive introduction of machinery, associated in such numbers for the destruction of frames and looms, and the annoyance of those manufacturers who had been most forward in introducing the machines, that those counties became the seat of the most serious tumults.

The crimes of which they were generally guilty were those of administering unlawful oaths, riotously assembling, and breaking the frames and looms of the manufacturers of cloth, breaking into houses, and in some instances those persons who had had sufficient hardihood to oppose their proceedings were selected by them as victims to their passions, and were barbarously murdered. The riotous proceedings of the party continued during a considerable period, but at length the active measures, which were taken by the government against them, effectually put a stop to their depredations.

Many of them having been taken into custody a special commission was issued for their trial, and was opened by Baron Thompson, at the city of York, on Monday the 4th of January 1813, in a most impressive charge to the grand jury.

On Tuesday, the 5th, the business of the court commenced with the trial of John Swallow, John Batley, Joseph Fletcher, and John Lamb, for a burglary and felony in the house of Mr. Samuel Moxon, at Whitley Upper: the jury pronounced them all guilty.

It would be useless to go into a detail of all the cases tried before the learned judges, all of which partook strongly of the same character, and we shall therefore confine ourselves to the recital of those instances which were marked by the spilling of blood.

On the Wednesday, George Mellor, of Longroyd Bridge, and William Thorp and Thomas Smith, of Huddersfield, were indicted for the wilful murder of William Horsfall, of Marsden, merchant and manufacturer, at Lockwood, in the West Riding of Yorkshire.

From the evidence of Benjamin Walker, an accomplice of the prisoners and others, it appeared that a conspiracy was entered into to attack the mill of Mr. Cartwright, in which Mellor was one of the principals. While they were in conversation upon this subject on the 28th April, however, the same prisoner produced a loaded pistol, and said that he was going to shoot Mr. Horsfall, and that the other prisoners and Walker must accompany him. They accordingly proceeded together to a plantation near an inn called the Warren-house, at Crossland Moor, near Huddersfield, where it was arranged that they should station themselves in a line by the road, and when Mr. Horsfall came, Mellor was to fire first; and in case of his missing his aim Smith and Walker were to fire. At a quarter past six o'clock in the evening, Mr. Horsfall called at the Warren-house, on his way home from Huddersfield market, and had some rum and water, and after about twenty minutes he proceeded on his way, unconscious of the fate which awaited him. He had entered the road, which ran through the plantation, and which was only a quarter of a mile from the Warren-house, when the prisoner Mellor fired and shot him. The unfortunate gentleman on his being wounded fell on his horse's chine, and a Mr. Parr, hearing the report and seeing him fall, rode up to him, in order to assist him. Mr. Horsfall, having quitted his horse, sat down by the road side, and despatched Mr. Parr for assistance, but he died very soon afterwards.

The prisoners attempted to prove an _alibi_, but the jury withdrew about twenty minutes, and returned a verdict of guilty against them all. They were immediately sentenced to death.

On Friday these wretched men were brought to the place of execution, behind the Castle at York. Every precaution had been taken to render a rescue impracticable. Two troops of cavalry were drawn up near the front of the platform, and the avenues to the Castle were guarded by infantry.

A few minutes before nine o'clock the prisoners came upon the platform. After the ordinary had read the accustomed forms of prayer, George Mellor prayed for about ten minutes, William Thorp also prayed; but his voice was not so well heard. Smith said but little, but seemed to join in the devotions with great seriousness.

The prisoners were then moved to the front of the platform; and, after saying a few words, the executioner proceeded to perform his fatal office, and the drop fell.

On the 8th John Baines the elder, John Baines the younger, Zachary Baines of the same family, the elder near seventy years of age, and the latter scarce sixteen, John Eadon, Charles Milnes, William Blakeborough, and George Duckworth, all of Halifax, were tried for administering an unlawful oath to John Macdonald; and all, except the boy, were found guilty

On the 9th January, James Haigh of Dalton, Jonathan Deane of Huddersfield, John Ogden, James Brook, Thomas Brook, John Walker of Longroyd Bridge, and John Hirst of Liversedge, were tried for attacking the mill of Mr. William Cartwright at Rawfolds. Mr. Cartwright being apprehensive of an attack being made upon his mill, procured the assistance of five soldiers, and retired to rest about twelve o'clock, but soon afterwards heard the barking of a dog. He arose; and while opening the door, heard a breaking of windows, and also a firing in the upper and lower windows, and a violent hammering at the door. He and his men flew to their arms; and a bell placed at the top of the mill, for the purpose of alarming the neighbours, being rung by one of his men, the persons inside the mill discharged their pieces from loop-holes. The fire was returned regularly on both sides. The mob called, "Bang up, lads! in with you! keep close! damn that bell! get to it! damn 'em, kill 'em all!" The numbers assembled were considerable. The attack continued about twenty minutes; but at length the fire slackened from without, and the cries of the wounded were heard. The men that were wounded were taken care of, but afterwards died. One of the accomplices, W. Hall, stated that he was one of those connected with Mellor and Thorp, and assembled with many other persons by the desire of Mellor, in a field belonging to sir George Armitage, Bart., on the night of the 11th of April. They called their numbers, remained there some time, and then marched off to the mill. Mellor commanded the musket company, another the pistol company, and another the hatchet company: they were formed in lines of ten each. Two of the men were to go last and drive up the rear.--Some had hatchets, some hammers, some sticks, and others had no arms.

The jury found James Haigh, J. Deane, J. Ogden, T. Brook, and J. Walker guilty, but acquitted the rest.

Several prisoners were on the two following days convicted of robberies, but many others were, through the lenity of the government, admitted to bail. On the Thursday, on the grand jury coming into court and declaring that they had disposed of all the bills of indictment preferred before them, Mr. Parke, who appeared as counsel for the crown, said that it was not intended to present any more indictments: he and those learned gentlemen who had assisted him had examined the various cases, which might have formed the subjects of prosecution; but in that discretion, with which they had been intrusted, they had determined to exercise a lenity, which he hoped would produce its proper effect with the prisoners and their associates.

The grand jury then retired, and sentence of death was passed upon fifteen prisoners by Mr. Baron Thompson.

On Saturday at eleven o'clock, John Hill, Joseph Crowther, Nathaniel Hayle, Jonathan Deane, John Ogden, Thomas Brook, and John Walker, were brought out on the scaffold to undergo the last sentence of the law. They appeared to be fully sensible of the awful situation in which they were placed; and having hung till twelve o'clock, they were cut down, in order to make way for those prisoners who were to be executed subsequently on the same day.

In about an hour and a half after they had been removed, John Swallow, John Batley, Joseph Fisher, William Hartley, James Haigh, James Hey, and Job Hay, were also executed. The crowd of persons assembled was immense.

HUFFEY WHITE AND RICHARD KENDALL.

EXECUTED FOR ROBBING THE LEEDS MAIL.

Huffey White was a more expert and notorious housebreaker, and perpetrated more adroit burglaries and robberies, than any other malefactor of his time. His first conviction appears to have taken place in the year 1809, when he was found guilty of a burglary, and sentenced to be transported for life. Preparatory to his being sent abroad, he was conveyed on board the hulks at Woolwich; but disliking the treatment he experienced there, he contrived to make his escape, and once more visited the scenes of his former crimes in London. At this time he became acquainted with the notorious Jem Mackcoull; and as a means of replenishing his exchequer, he agreed to accompany him to Chester, for the purpose of robbing the bank there.

White, it appears, lodged in the house of a blacksmith, named Scottock, in London, who supplied him with the necessary implements; and the two villains having directed the smith to forward them the keys, &c. to Chester, set off for that place early in 1810; and having made their observations, called at the coach-office for the box of implements. Unfortunately for their project, the friction of the coach had broken one corner of the box, through which a skeleton key suspiciously obtruded; and an officer having been made acquainted with the fact, he was concealed when White and Mackcoull came to demand the box, and having secured them both, they were committed to the house of correction as rogues and vagabonds.

Mackcoull went by the name of Martin, and White assumed that of Evans; but a description of their persons being transmitted to Bow-street, an officer was sent, who quickly recognised them both; and White was brought to trial at the next assizes, and received sentence of death for being at large before the expiration of his period of transportation; but this sentence was afterwards commuted to transportation for life, and he was once more sent to his former station in the hulks, Mackcoull remaining in Chester jail, in which he was sentenced to be confined for six months.

At the expiration of the term of his imprisonment, Mackcoull returned to London, and agreeing with one French to rob the Glasgow bank, they wished for the assistance of Huffey White, and actually contrived to liberate him from the hulks, before they set off for Scotland.

On their reaching the scene of their intended depredation, they took lodgings in the house of a Mrs. Stewart; and although they appeared to be persons engaged in no particular business, they were nevertheless actively employed in maturing their plans for the burglary. In this way nearly six weeks passed away, the most anxious care being taken that no circumstance should occur which could excite suspicion. The exact position of the banking-house, and of all the apartments in which money was kept, was ascertained and accurately noted down; and that no chance of success should be lost, the thieves actually made themselves acquainted with the persons who had charge of the banking-house, through whose innocent instrumentality they procured much of the information which they required. Their implements having reached them, however, from London, they found that none of them were calculated for the purpose which they had in view, and White, who had assumed the name of Down, was despatched to the metropolis with the necessary instructions to procure fit instruments. On his return he was amply provided; and at length, on Sunday evening, when the honest bank-keepers were gone to church, the burglary was effected, and 20,000_l._, in Scotch bank-notes, were carried off. The party judged rightly, that Glasgow was no place for them to remain in any longer, and they immediately set off in a post-chaise for London, changing a 20_l._ note at every stage. From the able manner in which the robbery had been effected, and from all the doors and cupboards being found locked as they had been left, it was not discovered, nor indeed suspected, until the following day, when pursuit, with a chance of catching the thieves, was of course hopeless; but information being conveyed to London, the fugitives were traced to have proceeded thither, and White was apprehended in the house of his old ally, Scottock, with a number of housebreaking implements in his possession. All search for money proved of no avail however, the notes having been duly lodged in the hands of an experienced "banker;" and the exertions of the officers to apprehend the other offender were equally futile. In accordance with a system then existing to a very great extent, but now, happily, put an end to, negotiations were commenced by the thieves with the banking company for the restoration of the notes upon certain terms, one of which was, that no prosecution should take place; and Sayer, the officer, being employed, matters were at length satisfactorily adjusted; but upon the notes being restored, it was found, that instead of the sum stolen, 11,041_l._ only were given up, and the gulled agent returned to Scotland, compelled to put up with what he could get.

In the mean time, however, White was conveyed back to the hulks to serve out the remainder of his sentence, but he soon contrived again to escape; but he now confined his depredations to the country, where he committed various burglaries. While at large, he contrived, by skeleton keys, &c., to open the doors of the Kettering bank; and such was the masterly manner in which he effected his entrance, and conducted the business, that the bankers, Messrs. Keep and Gotch, remained ignorant of the attempted robbery, until an accomplice subsequently detailed the transaction. It was conceived to be impossible for such a thing to take place without, at least, exciting suspicion; and the information was treated as untrue, until the number of the page in which the London banking account was kept was told, which it was known could only have been learned by an inspection of the private ledger. It appears, however, that in this instance "ignorance was bliss;" for although the thieves had carried off nothing, because the state of the exchequer did not present a sufficient temptation, they had fully made up their minds to pay the house a second visit, in the hope of making a more successful "haul." But from this they were prevented by the apprehension of White, who was the prime mover of these proceedings, and his execution on a charge of robbing the Leeds mail at Higham Ferrers, in Northamptonshire, on the 29th of October, 1812.

The circumstances of this case are as follow:--The guard having gone to the coach-box on the night in question from his accustomed seat at the back of the mail, the robbers contrived during his absence, and without exciting his suspicion, to open the lock, and carry off the mail-bags. Information of the robbery having been conveyed to London, Richard and John Limbrick, two Bow-street officers, were despatched in search of the thieves; and hearing that White was at Bristol, they proceeded thither, having little doubt that he was one of the parties concerned. On their arrival they found that he was living with two fellows named Ned Burkitt and John Goodman, both well-known thieves; and it was determined to watch them, in order that a favourable opportunity might be seized to secure their persons. Several days passed before they were able to attempt the capture of their prey; but at length, Goodman and his wife having been taken into custody upon a charge of robbing the Canterbury bank, of which they were suspected, a favourable opportunity presented itself. The officers in consequence went boldly to the house occupied by the thieves, and having given a loud knock at the door, they were answered by Burkitt. They immediately rushed in, but were met with a most violent opposition, in the course of which White managed to make his escape over a shed at the back.

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The Chronicles of Crime or The New Newgate Calendar. v. 1/2Chapter XXXVII: Part 37

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