Chapter II: Part 2
In the county of Louth in Ireland, and at the distance of about nine miles from the town of Dundalk, stood some years ago a house called Wild-Goose Lodge--a name conferred upon it from its whimsically chosen situation on a small peninsula jutting into a marsh meadow, which was occasionally transformed into a lake by the winter floods of the Louth. In summer, the residence was reached from the meadow without difficulty; but during winter, the case was very different, it being then approachable only by a narrow neck of land hemmed in by the surrounding waters. At a period to which we refer, Wild-Goose Lodge was tenanted by an industrious man, name Lynch, and his family. Lynch had been successful in improving a few fields attached to his dwelling, and somewhat elevated above the yearly inundations; he was in the habit also of raising a considerable quantity of flax, which he manufactured into cloth, and carried to the adjoining markets of Dundalk or Newry, where it was readily sold to advantage. By these means he rose in respectability among his neighbours, and comfort and contentment smiled around his dwelling. But an evil hour came, and he himself was unhappily in some measure instrumental in bringing it on.
An illegal association, bound by secret oaths, sprung up among the Roman Catholics living around Wild-Goose Lodge. Lynch, though a moderate man, believed that such a combination, on the part of those who held the same opinions with himself, was necessary to counteract similar demonstrations on the opposite or Protestant side, and he therefore joined the association. A very short time sufficed to show him the imprudence of his conduct. Wild-Goose Lodge was a central point in a remote and secluded district; and the members of the association, not without the countenance at first of the occupier, began to make the house their usual point of assemblage. Their numbers, however, speedily increased so much as to submit the family to great inconvenience; and their views, besides, so far exceeded Lynch's own in violence, as to place him under just apprehensions lest he should be held as the leading promoter of all that might be said or done by those who made his dwelling their nightly haunt. Forced to act, in this dilemma, for the sake of himself and his family, he came to the resolution of desiring his neighbours to assemble no more under his roof. This interdict excited a strong feeling of ill-will against him among the leaders of the combination, and they afterwards habitually gave him every annoyance they could think of, with the view of ejecting him from the place.
Once liberated, in some degree, from the consequences of his imprudence, Lynch persisted in the line of conduct he had entered upon. The result was, that one night a party of men, disguised, entered his house, stripped him in presence of his family, and after flogging him, destroyed his furniture, insulted his wife, and cut the web in the loom from the one selvage thread to the other down to the beam on which it rested. These wanton injuries to an honest, industrious, and (leaving aside his junction of an illegal union) well-conducted man, were galling and hard to bear. Lynch was the husband of an amiable, affectionate wife, and the father of a young family, depending on him for subsistence. If he did bear it in silence, further injuries might follow, and himself, with the wife of his bosom and his helpless babes, be deprived of their all, and thrown upon the world to beg for subsistence. Again, to denounce those with whom he had joined in an oath, was a proceeding not only full of danger, but to which Lynch could with difficulty bring his mind. Anxious and irresolute, he appealed to the minister of his religion for protection, but it was of no avail. His midnight persecutors continued to harass him; and at last, seeing the ruin of his family inevitable, unless he bestirred himself, and being able to point out and identify those who had injured him, Lynch determined to brave the anger of his assailants, and appeal to the laws of his country. Having formed this resolution, he held to it, in spite of the most awful and ominous endeavours to intimidate him; and two of the party, who had attacked his house, were prosecuted, convicted, and suffered death.
Terrible was the wrath of the secret associates, among whom it chanced there were some men of such characters as are happily rarely to be met with in the world. One of the oaths taken by this body was, that no one member should bring another before the bar of justice. Certainly this oath, bad as it was in every sense, never contemplated that one member was not to resent the gross injuries done to him by another. But, as might have been anticipated from the previous exhibition of feeling, Lynch was held, in the strongest sense of the word, to have violated the oaths he had taken.
Not far from Wild-Goose Lodge stood a chapel, where the association met after the ejection of its members from the house of Lynch. The leading man of the body, Patrick or Paddy Devann, was clerk to the priest of the district, and had the charge of the chapel. Within this building, consecrated for widely different purposes, the midnight band assembled on a night destined by the leaders of the party for the destruction of the unfortunate Lynch. Devann, the principal agent in the scene, in order to make a deeper impression on the minds of the crowds present in the chapel, assembled them around the altar, and after administering an oath of secrecy to them, descanted on the falling off of Lynch, and the necessity of suppressing all defections among themselves. He then darkly hinted the object of the meeting to be Lynch's punishment, and hoped that it would serve as a warning to them all to be firm to the obligations on which they had entered, and true to the interest of the body. Having finished his address, Devann then lifted from before the altar a potsherd containing a piece of burning turf, and, moving from the chapel, desired them to follow him.
Some scores of the band were on horseback, having come from distant places at the imperative summons sent to them. Many more were on foot; and all these moved stealthily onwards, Devann preceding them, towards the devoted victim. To the credit of human nature it must be stated, that few of this numerous party had the slightest idea of what was intended by the originators of the movement. As the men went along, they were inquiring among themselves in whispers, what was to be done; even those who had heard Devann's threats did not believe that they would be enforced, or that any further injury would be done than had been inflicted before.
Silence reigned along the party's route, as they approached the abode of the unoffending, unsuspecting, and sleeping family.
While the majority of the persons present still remained ignorant of what was to be accomplished, but obeyed their leaders passively, an extensive circle of men was formed by Devann's directions around the devoted dwelling. Then those few who were aware of all the enormity of the project, crept forward along the ground towards the house, the pike in one hand and the lighted turf in the other. Well did the wretches know that there was no chance of escape for those within, for the house was filled with the flax by which poor Lynch made his bread; and as soon as it was caught by the flame, extinction was a thing next to impossible. The turfs were applied, and in a few minutes the house was on fire--with a family of thirteen souls beneath its blazing roof! The flames rose towards the sky, and illuminated the adjacent scene. Speedily were heard from within the supplicating cries of the miserable victims, "Mercy! for God's sake, mercy!" But the cry was vain. So far from evincing any feelings of compunction while the work of destruction was going on, the wretches who had caused it stood ready with their pikes to thrust back those who might attempt to escape. One attempt was made to move their pity; and had the men hearts, they must have been moved. The wife of Lynch, while her own body was already enveloped in flames, had endeavoured to preserve the infant at her breast, and she appeared at the windows, content to die herself, but holding out her child for mercy and protection. Frantically she threw it from her. And how was it received? On the points of pikes, and instantly tossed back into the burning ruins, into which at the same time sunk its hapless mother. One other only of those within, and this was a man, one of Lynch's assistants, appeared on the walls, beseeching for mercy; but he likewise received none. The veins of his face were visible, swollen like cords, and horror was painted on his whole aspect. He, and all who were within, perished. Lynch himself, either cut off early, or resigned to his fate, never appeared, either to denounce the act of his persecutors, or to supplicate their pity.
It is impossible to say with what feelings the main party encircling the house at a little distance beheld the consummation of the purposes of the night. The majority of them certainly felt horror, while others, in whose mind a blind hatred of Lynch was predominant, felt mingled sensations of horror and exultation; and the conjoined feelings expended themselves in cries, that were re-echoed by the groans of the victims. The terrified peasantry of the neighbourhood who had not joined the associated throng, started from their pillows, and gazed towards the ascending flames of Wild-Goose Lodge with fear and shrinking; for they too well
_P. 17._]
knew the feelings of the district to regard it as a common accident, which it would have been their duty and their pleasure to have aided in suppressing and relieving. Until all sounds of life, therefore, were extinct within the burning house, the authors of the deed looked on undisturbed. When all was over, they skulked away, each to his own home.
The winds of autumn and the storms of winter had swept the ashes of Wild-Goose Lodge over the fields which Lynch had cultivated, ere any one of the actors in this atrocious crime was brought to justice. But the presence of some of the less guilty of them having been discovered, and brought home beyond a doubt, these, in order to save themselves, made a revelation of all they knew and had seen. Anticipating this, the ringleaders fled to various parts of the country; but the arm of the offended law overtook them. Devann was found in the situation of a labourer in the dockyards of Dublin, and others were taken at different times and places. Eleven were executed; and to mark the atrocity of their crime, their bodies were hung in chains at Louth and other spots in the neighbourhood of Wild-Goose Lodge. Devann was executed within the roofless walls of the house in which his victims were immolated, and his body was afterwards suspended beside those of his associates.
The date of his trial was the 19th of July 1817, and he was executed immediately afterwards.
JEREMIAH BRANDRETH, WILLIAM TURNER, AND ISAAC LUDLAM.
EXECUTED FOR HIGH TREASON.
IN an introductory paragraph to our account of the Spafields' riot we took occasion to mention the most prominent causes of public discontent; and though these had partially disappeared in 1817, still the impulse given to disaffection continued to operate for a considerable time, being protracted by the injudicious resort of Government to the system of spies and informers, who no doubt fanned that flame of disloyalty which had nearly caused a traitorous explosion in the county of Derby, more formidable and appalling than that for which Brandreth and his ill-fated companions suffered.
The agent for Government in the northern districts was a wretch named Oliver, and it is imagined by some that the miserable individuals whose names head this article were his victims.
The scene of this outbreak was Pentridge, Southwingfield, and Wingfield Park, in Derbyshire, a neighbourhood hitherto peaceable, and in which few would have looked for an insurrection of this kind.
Jeremiah Brandreth, better known by the name of the "Nottingham Captain," was one of those original characters for which nature had done much, and education nothing. Of his parents or early habits we know nothing; for on these subjects he maintained a studied silence, and all that was ascertained in reference to his life previously to his execution was that he had been in the army, and that he had a wife and three children, for whose support he was occasionally compelled to apply to the parish-officers for relief. His age was about twenty-six, and he is described as having presented a most striking appearance, from the exceedingly bold and resolute expression of his face.
Turner and Ludlam were both men of good character up to the time of their becoming parties to the transactions which cost them their lives. The latter had a wife and twelve children, and, being a regular attendant at a Methodist meeting-house, in the absence of the preacher conducted the prayers of the people.
These unfortunate men acted under a complete illusion. Formal statements of the number of the disaffected were given them, as well as the quantity of arms and ammunition collected, &c., accompanied with flattering pictures of the liberty, happiness, and wealth which were to wait upon success.
On the 5th of June, Brandreth came from Nottingham to the neighbourhood of Pentridge, to take command of the rebel forces; and on the 9th, they proceeded on their march for Nottingham, where it was reported, several thousands anxiously waited their coming, that they might unite in forwarding a revolution. Their numbers were truly contemptible, not exceeding forty or fifty; yet, small as they were, they committed several excesses, and Brandreth shot one harmless man. It was during the night that they commenced operations; and next morning, on the approach of a score of cavalry, they precipitately fled, leaving their arms scattered behind them. Several were then apprehended, and many more on the two or three ensuing days, and Brandreth was among their number.
To try these rebels, a special commission was issued, which was opened at Derby on the 15th of October 1817. Brandreth was the first put on his trial; and as the evidence against him was conclusive, he was found guilty. Turner and Ludlam were also convicted, as well as a young man named Weightman, whose sentence was afterwards commuted to transportation. Justice being now satisfied, twelve men pleaded guilty, and the remainder were discharged. Those who pleaded guilty received sentence of death, but were afterwards respited.
The unfortunate Brandreth, on being removed to prison, after his conviction, although he exhibited a manly firmness, was nevertheless much affected. The other prisoners thronged around him in anxious suspense to hear his fate; he uttered the single and appalling word--Guilty; and, in a moment, a perfect change was visible in the countenances of those whose lot was undecided.
Brandreth throughout his confinement seemed to have entertained a confident expectation of acquittal; and this hope appears to have rested solely on the supposed impossibility of identifying him, as he was a total stranger in that part of the country where the outbreak had occurred, and had, from the time of his committal, allowed his beard to grow, which completely shaded his whole face. The singular cast of his features, however, aided by the peculiar and determined expression of his eye, rendered his identity unquestionable; and almost every one of the witnesses swore to the person of the "Nottingham Captain." This wretched man, both before and after his conviction, evinced the utmost propriety of conduct. He appeared calm and happy, and exhibited great firmness in the contemplation of his unhappy fate.
His companions in misfortune, however, evinced much less fortitude for each appeared the very picture of despair. They attributed their melancholy fate to Brandreth and a fellow named Bacon, who, however, evaded the punishment due to his crime.
The execution of the convicts was fixed to take place on the 7th of November 1817, and at a quarter past twelve o'clock at mid-day they were carried to the scaffold on a hurdle.
The demeanour of Brandreth was calm in the extreme, and just before the drop fell he cried out to the people assembled, "God bless you all, and Lord Castlereagh." He died without a struggle; and when he had hung the usual half-hour, his head was removed and exhibited at the four corners of the scaffold, the executioner exclaiming, "Behold the head of a traitor!" From the manner of this functionary the mob were apprehensive that the head was to be flung in the midst of them, and they rushed back in great precipitation. They were, however, soon undeceived, and upon the same course being pursued with regard to Turner and Ludlam, they had regained their confidence.
ABRAHAM THORNTON.
TRIED FOR MURDER.
This case is remarkable, not only for the lamentable atrocity of the offence imputed to the unfortunate prisoner, but from the fact also of the brother of the deceased person having lodged an appeal, upon which the prisoner demanded "wager of battle," the consequence of which was the repeal of the old law, by which the wager was allowed in former ages, and which had already grown into disuse, although it still remained in existence.
Thornton was a well-made young man, the son of a respectable builder, and was by trade a bricklayer. He was indicted at the Warwick assizes in August 1817, for the murder of Mary Ashford, a lovely and interesting girl, whose character was perfectly unsullied up to the time at which she was most barbarously ravished and murdered by the prisoner.
From the evidence adduced, it appeared that the poor girl went to a dance at Tyburn, a few miles from Birmingham, on the evening of the 26th of May 1817, where she met the prisoner, who professed to admire her figure and general appearance, and who was heard to say, "I have been intimate, and I will have connexion with her, though it cost me my life." He danced with her, and accompanied her from the room, at about three o'clock in the morning. At four o'clock she called at a friend's at a place called Erdington, and the offence alleged against the prisoner was committed immediately afterwards. The circumstances proved in evidence, were that the footsteps of a man and woman were traced from the path through a harrowed field, through which her way lay home to Langley. The marks were at first regular, but afterwards exhibited proofs of the persons whose footfalls they represented, running and struggling; and at length they led to a spot where a distinct impression of a human figure and a large quantity of coagulated blood were discovered, and on this spot the marks of a man's knees and toes were also distinguishable. From thence the man's footfalls only were seen, and accompanying it blood marks were distinctly traced for a considerable space towards a pit; and it appeared plainly as if a man had walked along the footway carrying a body, from which the blood dropped. At the edge of the pit, the shoes, bonnet, and bundle of the deceased were found; but only one footstep could be seen there, and that was a man's. It was deeply impressed, and seemed to be that of a man who thrust one foot forward to heave something into the pit; and the body of the deceased was discovered lying at the bottom. There were marks of laceration upon the body; and both her arms had the marks of hands, as if they had pressed them with violence to the ground.
By his own admission Thornton was with her at four o'clock, and the marks of the man's shoes in the running corresponded exactly to his. By his own admission, also, he was intimate with her; and this admission was made not before the magistrate, nor till the evident proofs were discovered on his clothes: her clothes, too, afforded most powerful evidence. At four in the morning she called at a friend's, Hannah Cox, and changed her dancing-dress for that in which she had gone from Birmingham.
The clothes she put on there, and which she had on at the time of her death, were all over blood and dirt.
The case, therefore, appeared to be, that Thornton had paid attention to her during the night; shown, perhaps, those attentions which she might naturally have been pleased with; and afterwards waited for her on her return from Erdington, and after forcibly violating her, threw her body into the pit.
The prisoner declined saying anything in his defence, stating that he would leave everything to his counsel, who called several witnesses to the fact of his having returned home at an hour which rendered it very improbable, if not impossible, that he could have committed the murder, and have traversed the distance from the fatal spot to the places in which he was seen, in the very short time that appeared to have elapsed: but it was acknowledged that there was considerable variation in the different village-clocks; and the case was involved in so much difficulty, from the nature of the defence, although the case for the prosecution appeared unanswerable, that the judge's charge to the jury occupied no less than two hours. "It were better," he said in conclusion, "that the murderer, with all the weight of his crime upon his head, should escape punishment, than that another person should suffer death without being guilty;" and this consideration weighed so powerfully with the jury, that, to the surprise of all who had taken an interest in this awful case, they returned a verdict of Not Guilty, which the prisoner received with a smile of silent approbation, and an unsuccessful attempt at concealment of the violent apprehensions as to his fate by which he had been inwardly agitated.
He was then arraigned _pro forma_, for the rape; but the counsel for the prosecution declined offering evidence on this indictment, and he was accordingly discharged.
Thus ended, for the present, the proceedings on this most brutal and ferocious violation and murder; but the public at large, and more particularly the inhabitants of the neighbourhood in which it had been committed, were far from considering Thornton innocent, and subscriptions to defray the expense of a new prosecution were entered into.
The circumstances of the case having been investigated by the secretary of state, he granted his warrant to the sheriff of Warwick to take the defendant into custody on an appeal of murder, to be prosecuted by William Ashford, the brother and heir-at-law of the deceased. He was in consequence lodged in Warwick jail, and from thence he was subsequently removed by a writ of _habeas corpus_ to London, the proceedings on the appeal being had in the Court of King's Bench, in Westminster Hall. On the 6th of November, the appellant, attended by four counsel, appeared in court, when the proceedings were adjourned to the 17th, by the desire of the prisoner's counsel; and on that day the prisoner demanded trial by _wager of battle_. The revival of this obsolete law gave rise to much argument on both sides; and it was not until the 16th of April 1818, that the decision of the Court was given upon the question. The learned judges gave their opinions seriatim, and the substance of the judgment was, that the law must be administered as it stood, and that therefore the prisoner was entitled to claim trial by battle; but the Court added that the trial should be granted only "in case the appellant should show cause why the defendant should not depart without day." On the 20th the arguments were resumed by the appellant's counsel; but the defendant was ordered to "be discharged from the appeal, and to be allowed to go forth without bail."
Though the rigid application of the letter of the law thus, a second time, saved this unfortunate man from punishment, nothing could remove the conviction of his guilt from the public mind. Shunned by all who knew him, his very name became an object of terror, and he soon afterwards attempted to proceed to America; but the sailors of the vessel in which he was about to embark refused to go to sea with a character on board who, according to their fancy, was likely to produce so much ill-luck to the voyage; and he was compelled to conceal himself until another opportunity was afforded him to make good his escape.
The "trial by battle," which in this case was so remarkably claimed, may be thus described:--
When the privilege of _trial by battle_ was claimed by the appellee, the judges had to consider whether, under the circumstances, he was entitled to the exercise of such privilege; and his claim thereto having been admitted, they fixed a day and place for the combat, which was conducted with the following solemnities:--
A piece of ground was set out, of sixty feet square, enclosed with lists, and on one side was a court erected for the judges of the Court of Common Pleas, who attended there in their scarlet robes; and also a bar for the learned serjeants at law. When the court was assembled, proclamation was made for the parties, who were accordingly introduced in the area by the proper officers, each armed with a _baton_, or staff of an ell long, tipped with horn, and bearing a four-cornered leather target for defence. The combatants were bare-headed and bare-footed, the appellee with his head shaved, the appellant as usual, but both dressed alike. The appellee pleaded Not Guilty, and threw down his glove, and declared he would defend the same by his body; the appellant took up the glove, and replied that he was ready to make good the appeal body for body. And thereupon the appellee, taking the Bible in his right hand, and in his left the right hand of his antagonist, swore to this effect:--
"Hear this, O man, whom I hold by the hand, who callest thyself [John], by the name of baptism, that I, who call myself [Thomas], by the name of baptism, did not feloniously murder thy father [William], by name, nor am anyway guilty of the said felony. So help me God, and the saints; and this I will defend against thee by my body, as this court shall award."
To which the appellant replied, holding the Bible and his antagonist's hand, in the same manner as the other:--
"Hear this, O man, whom I hold by the hand, who callest thyself [Thomas], by the name of baptism, that thou art perjured, because that thou feloniously didst murder my father [William], by name. So help me God, and the saints; and this I will prove against thee by my body, as this Court shall award."
Next, an oath against sorcery and enchantment was taken by both the combatants in this or a similar form. "Hear this, ye justices, that I have this day neither ate, drank, nor have upon me either bone, stone, or grass; nor any enchantment, sorcery, or witchcraft, whereby the law of God may be abased, or the law of the devil exalted. So help me God and his saints."
The battle was thus begun, and the combatants were bound to fight till the stars appeared in the evening.
If the appellee were so far vanquished that he could not or would not fight any longer, he was adjudged to be hanged immediately: and then, as well as if he were killed in battle, Providence was deemed to have determined in favour of the truth, and his blood was declared attainted. But if he killed the appellant, or could maintain the fight from sun-rising till the stars appeared in the evening, he was acquitted. So also, if the appellant became recreant, and pronounced the word _craven_, he lost his _liberam legem_, and became infamous; and the appellee recovered his damages and was for ever quit, not only of the appeal, but of all indictments likewise of the same offence. There were cases where the appellant might counterplead, and oust the appellee from his trial by battle: these were vehement presumption or sufficient proof that the appeal was true: or where the appellant was under fourteen, or above sixty years of age, or was a woman or a priest, or a peer, or, lastly, a citizen of London, because the peaceful habits of the citizens were supposed to unfit them for battle.
It is almost needless to add, that this remnant of barbarity has now ceased to exist, an act of parliament, the introduction of which was attributable to the above case, having removed it from the pages of the lawbooks by which our courts are governed.
CHARLES HUSSEY.
EXECUTED FOR MURDER.
The murders of the Marrs and the Williamsons were not yet forgotten, when others of a nature equally atrocious and mysterious were committed upon the persons of Mr. Bird, a retired tallow-chandler, who lived at Greenwich, and who was eighty-three years of age, and his housekeeper Mary Simmons, aged forty-four, on the 8th February 1818.
Mr. Bird, it appears, had amassed a considerable fortune by his exertions in trade, and had retired to live on the competency which he had secured for himself at a house at Greenwich, where, his wife having died about two years before, a poor woman named Simmons lived with him in the capacity of housekeeper. The fact of the murder was discovered under circumstances of a curious nature. Mr. Bird and his housekeeper, it appears, had been in the habit of attending Greenwich church regularly, always making it a point to be in their pew before the commencement of the service. On Sunday morning the 9th February, it was remarked that they were not in the church as usual; and at the conclusion of the service, the alarm which had been by this time excited was increased by the discovery of the fact that the house in which they lived had not yet been opened. The beadle of the parish, in consequence, conceived that he was bound to make some inquiries; and having knocked at the door without receiving any answer, he forced an entrance at the back of the premises. On his entering the house, a most shocking spectacle presented itself to his eyes. The body of the housekeeper was found lying in the passage, presenting a most fearful appearance, the skull being frightfully fractured, apparently with a blunt instrument. In a parlour adjoining the passage was found the body of the unfortunate Mr. Bird, lying on the ground, with his arms stretched out, and his skull also fractured in the same manner as that of his housekeeper, and with the same weapon. On the other rooms of the house being examined, it became obvious that plunder was the object of the murderer; and it was found that the pockets of the deceased had been rifled of the keys of the various drawers and boxes, which were found above-stairs marked with blood. Some silver spoons, &c. had been stolen, for it was known that such articles were in the possession of the deceased, but it was unknown what other property had been carried off; although the only money found in the house was 3_l._, which were in a secret drawer, and which had apparently escaped the attention of the murderer. On more minute inquiry being made into the probabilities of the case, it was ascertained that Mr. Bird and his housekeeper were in the habit of retiring to rest at about ten o'clock on every night; but from both of them being dressed, it was obvious that the murders had been effected before that time. Mr. Bird, it appeared, had been reading, as a book was found open on the table, and a pair of spectacles was clenched in his hand as he lay. The murderer, it was supposed, must have obtained admission by the backdoor, as it was known that the front-door was always kept chained, and was found to be still in the same condition.
The horrid discovery created a very great degree of alarm; and Mr. Bicknell, a respectable solicitor of the place, having despatched messengers to Bow-street to communicate the dreadful intelligence, some officers were immediately sent down to the spot to make the necessary inquiries. An inquest was held upon the bodies in the course of the week, but no circumstances were elicited which could lead to the discovery of the perpetrators of the deed; and on the following Sunday the remains of the unfortunate deceased were interred in Greenwich churchyard, in the presence of an immense concourse of spectators.
During the three succeeding weeks several persons were apprehended on suspicion, but nothing material could be alleged against them; but at length a complete discovery took place, and the murderer was pointed out by his own sister. This woman was married to a man named Godwin, and resided with her husband at Peckham. About a week after the murders had been committed, her brother, Charles Hussey, came to her house, and said he was going to see his brother, who resided at Basingstoke. He went to a box of his under a bed and took something out; she supposed it was money, for he had sixty-seven pounds left him four days after the murders were committed, by a sister, who cut her throat, in Queen-street, Cheapside, where she had lived. Hussey told his sister he should return in a week, but he did not do so for nearly a fortnight. She then said to him, "Oh, Charles! I have been so uneasy during your absence! I have had such frightful dreams, and could not think what detained you." He replied, "Why, what could cause you to dream?" and appeared greatly agitated. After he had gone away, Mrs. Godwin said to her husband, "I think there is something in Charles's box there should not be;" his behaviour caused her to say so; and with one of her own keys she opened the box, when the first things that met her eye were a pair of watches, which she and her husband suspected to have belonged to the late Mr. Bird. Their suspicion was confirmed by Hussey not returning according to promise, and, with a detestation of so black a crime which did them infinite honour, they repaired to Greenwich and gave information of the circumstance.
Another box of Hussey's was brought, soon after the murders, to a Mrs. Goddard, who resided at Deptford; and as this woman's suspicions were excited by some inquiries made after Hussey, she opened the box, and found in it property she supposed to have belonged to the late Mr. Bird. Officers were sent for, and on searching the trunk, they found a silver wine-strainer, a soup-spoon, two shirts, three pair of sheets; a white jean jacket, stained with blood in several places, especially about the right-hand pocket; a pair of gaiters made of drab cloth, with blood upon the buttons of them; a piece of new shirting, which was very bloody, and a glazed hat. In the same trunk were found several articles of silver plate, which proved to have been Mr. Bird's property. It was remarkable that this trunk was only corded, not locked, and that Hussey never called to inquire after it from the time it had been deposited with Mrs. Goddard.
From Deptford the officers proceeded to Mrs. Godwin's house, at Peckham, where, in addition to the watches, they found in the box five one-pound Bank of England notes, and two two-pound notes, all marked with Mr. Bird's initials. In the same box they found Hussey's discharge from the East India Company's Service, which contained a description of his person.
In consequence of these discoveries, no doubt remained but that Hussey had been the principal, if not the only, perpetrator of the foul murders. Diligent inquiry was accordingly made after him; but it was found that he had absconded. More than twenty of the most active metropolitan officers were despatched in every direction to look for him, and large rewards were offered for his apprehension; but it was not until after a considerable time had elapsed that he was taken into custody at Deddington, in Oxfordshire, by a publican named Poulton, who had read the advertisement, and on seeing him recognised him as resembling the person described as the murderer. It appears that Poulton had read the advertisement, and his attention was arrested by his seeing the prisoner walk past his house one evening at about nine o'clock, and suspecting that he was the murderer, he called a neighbour, and they followed him. Having walked after him for some distance, they became assured of the truth of their suspicions, and Poulton went up to him, and said he must go with him, as he had strong suspicion he was the man advertised. The prisoner after some hesitation, confessed his name was Charles Hussey; and on his being searched, a watch and a pocket-book, with a ring in it, part of the property stolen from the late Mr. Bird's house, were found. The prisoner denied any knowledge of the murders or robbery, but admitted that the articles found belonged to him.
The magistrate told the prisoner it would be necessary for him to account for being possessed of the things which had been stolen; and the prisoner said, that between four and five o'clock on the Sunday afternoon after the murders, he saw a man get over a wall into Mr. Smith's grounds, at Greenwich, and run. He followed him, and saw him put down a bundle against a large tree, and leave it there, and then run again. Curiosity induced him to go to the spot, and on his opening the bundle he saw two watches, and a silver soup-ladle. He, however, left the bundle and walked away, but on the following Saturday, happening to go past the same spot, he found the bundle in the same position, and then on examining its contents, he found them to consist of three watches, a silver soup-ladle, a wine-strainer, four sheets, six or eight shirts, six rings, some old coins, two two-pound bank-notes, and three one-pound notes. He took them away with him, and he subsequently absconded because he was ashamed of coming forward, having such things in his possession. He declined saying any thing in reference to the specific charges made against him, and he was committed to Maidstone jail to await his trial.
On the 31st of July 1818, Hussey was indicted at the Maidstone assizes for the wilful murder of Mr. Bird and his housekeeper. The dreadful deed was fully brought home by evidence the most satisfactory and conclusive. It was proved that the hammer with which the murders were committed had been taken from a cooper several days before, and that it was afterwards found in a pond, into which the assassin had thrown it. With this cooper Hussey had been intimate, and was almost daily at the house, where he kept his trunk until subsequent to the murders, when he had it removed to his cousin's, Mrs. Goddard, at Deptford. It was also proved that Hussey belonged to a "Society of Odd Fellows," and that he did not join them on the night of the murders until near ten o'clock. The proprietor of the house where the Odd Fellows met, being asked whether Hussey appeared any way agitated when he saw him, replied, "He might, but I did not observe him, for he is the last man in the world, from his general character and habits, whom I should suspect of either dishonesty or murder."
It was further proved that the prisoner had been originally a sailor in the East India Company's service, from which he was discharged, and that he then became a servant, and lived in that capacity with a Mr. Stevens at Greenwich, not far from the house of Mr. Bird. Previous, however, to the murders, he had been discharged, and he was, at that time, out of place. The remainder of the evidence only confirmed the facts we have already narrated, and the case for the prosecution having closed, Hussey was called on for his defence.
He declared his innocence, and gave a confused account of the manner in which he was employed on the night of the murder; but his criminality was too plain to be doubted, and he was found guilty.
He suffered August 3, 1818, on Pennenden Heath, near Maidstone, the usual place of execution for the county of Kent. He made no confession except that when asked by the Rev. Mr. Argles if he knew who did the deed, he replied with eagerness, "I do, I do."
In person, the unfortunate prisoner was tall, his hands and feet remarkably large, and his countenance pallid, mild, and humane. His appearance was apparently that of a person above his rank in life.
SAMUEL DICK.
CONVICTED OF ABDUCTION AND RAPE.
This was a case of revolting indelicacy and deep-laid villany. We shall give it in the words of the counsel retained to prosecute the accused at the Carrickfergus assizes, March the 21st, 1818.
"The prisoner, Samuel Dick (said he) stands indicted for the forcible abduction and subsequent defilement of Elizabeth Crockatt, the prosecutrix. She is a young woman of respectable family in Derry; and upon the death of her father she became possessed of about two thousand six hundred pounds: this property, her youth, being scarcely seventeen, and her personal attractions, have been the causes of two different atrocious outrages, for the purpose of obtaining possession of them. In August last, upon the Sabbath day, while returning from the meeting, she was forcibly carried off, and taken to Ballymena, where she was rescued by her brother and her uncle. On their return home, her mother, alarmed for her safety, sent her for some time to reside within a few miles of Stewartstown, with a Mr. Matthew Fairservice. On the night of the 3rd of November, Mr. Fairservice's family were invited to spend the evening at Mr. Henry's, where the prosecutrix met Miss Jane Dick, sister to the prisoner, and who is related to the prosecutrix. The prosecutrix, with Mr. Robert Fairservice, his sister, and Miss Dick, then went from Mr. Henry's upon the car to a ball at a Mr. Park's, where she danced the greater part of the night. While at Mr. Park's, Miss Dick invited prosecutrix to Stewartstown, which she declined. When they had got on the car, Robert Fairservice drove rapidly towards Stewartstown, without paying any attention to the remonstrances of the prosecutrix; when in Stewartstown they drove to the prisoner's house, where she saw the prisoner: after breakfast Miss Dick asked Miss Fairservice and the prosecutrix to go to Dungannon with her, as she wished to make some purchases. She was prevailed upon, and did go into Dungannon; remained shopping there until the evening; returned to Stewartstown, dined in the prisoner's house; and about nine or ten o'clock the prosecutrix was asked by Miss Dick to go out to the next door to assist her in purchasing some thread; and the distance being so trifling, she did not think even of putting on her bonnet. When out of the halldoor, she was forcibly seized by some person, and put into a chaise in which was the prisoner, who caught her by the arm; when in the carriage she found her cloak and bonnet had been previously placed there, which was sufficient proof of the pre-concerted plan. The prosecutrix, the prisoner, with Miss Dick, and the other person, were driven to Lurgan, a distance of twenty miles, before day-light in the morning, the prisoner Dick guarding the prosecutrix with a pistol! After some time she was again put into the chaise, and driven to the house of a person named Swayne, where, after having wept and fasted the whole day, she was prevailed upon to go to bed with Miss Dick. From the fatigue she had suffered the two preceding nights, joined to the anxiety of mind she had undergone, she fell asleep; and found on awaking, that in place of Miss Dick being her bedfellow, the prisoner at the bar was. The next morning the prisoner attempted to soothe the prosecutrix by promises of marriage, and went to Dr. Cupples, of Lisburn, to procure a licence, leaving his sister and the other person to watch over her till his return; in spite of them, she contrived to escape to the house of a Mr. English, where she was protected until delivered into the hands of her uncle."
This statement being supported by the evidence, the jury without hesitation found the prisoner Guilty--and he was sentenced to death.
ROBERT JOHNSTON.
EXECUTED FOR ROBBERY.
The extraordinary circumstances attending the execution of this unfortunate man give his case a melancholy interest. Our readers, doubtless, recollect the singular conduct of the Edinburgh mob, at the execution of Porteous. A scene, if possible more disgraceful, occurred on the present occasion.
Robert Johnston was a native of Edinburgh, where he spent the first part of his life without reproach. His parents were poor, and Robert was employed as a carter. In his twenty-fourth year he got into bad company, and was engaged in the robbery of a chandler in Edinburgh, and being apprehended he was brought to trial with two others, and found guilty. His companions had their sentence commuted to transportation for life, but on Johnston the law was ordered to be put in force.
The execution was directed to take place on the 30th December 1818, and on that day, the judgment of the law was carried out, but under circumstances of a most extraordinary nature. A platform was erected in the customary manner with a drop in the Lawnmarket, and an immense crowd having assembled, the unfortunate culprit was brought from the lock-up house at about twenty minutes before three o'clock, attended by two of the magistrates, the Reverend Mr. Tait, and the usual other functionaries. The customary devotions took place, and the unhappy wretch, with an air of the most undaunted boldness, gave the necessary signal. Nearly a minute elapsed, however, before the drop could be forced down, and then it was found that the toes of the wretched culprit were still touching the surface, so that he remained half suspended, and struggling in the most frightful manner. It is impossible to find words to express the horror which pervaded the crowd, while one or two persons were at work with axes beneath the scaffold, in the vain attempt to hew down a part of it beneath the feet of the criminal. The cries of horror from the populace continued to increase with indescribable vehemence; and it is hard to say how long this horrible scene might have lasted, had not a person near the scaffold, who was struck by a policeman, while pressing onward, cried out 'Murder!' Those who were not aware of the real cause of the cry imagined that it came from the convict, and a shower of stones, gathered from the loose pavement of the street, compelled the magistrates and police immediately to retire. A cry of "Cut him down--he is alive," then instantly burst from the crowd, and a person of genteel exterior jumped upon the scaffold, cut the rope, and the culprit fell down in a reclining position, after having hung during about five minutes only. A number of the mob now gained the scaffold, and taking the ropes from the neck and arms of the prisoner, they removed the cap from his head and loosening his clothes, carried him, still alive, towards High Street; while another party tore the coffin prepared to receive his body into fragments, and endeavoured unsuccessfully to demolish the fatal gallows. Many of the police were beaten in this riot; and the executioner, who was for some time in the hands of the mob, was severely injured. In the meantime the police-officers rallied in augmented force, and re-took the criminal from the mob, at the head of the Advocates' Close. The unhappy man, half alive, stripped of part of his clothes, and with his shirt turned up, so that the whole of his naked back and the upper part of his body were exhibited, lay extended on the ground in the middle of the street, in front of the police-office. At last, after a considerable interval, some of the police-officers laying hold of him, dragged him trailing along the ground, for about twenty paces, into the office, where he remained upwards of half an hour, while he was attended by a surgeon, bled in both arms, and in the temporal vein, by which suspended animation was restored; but the unfortunate man did not utter a word. In the meantime a military force arrived from the Castle under the direction of a magistrate, and the soldiers were drawn up in the street surrounding the police-office and place of execution.
Johnston was then carried again to the scaffold. His clothes were thrown about him in such a way, that he seemed half naked, and while a number of men were about him, holding him up on the table, and fastening the rope again about his neck, his clothes fell down in a manner shocking to decency. While they were adjusting his clothes, the unhappy man was left vibrating, upheld partly by the rope about his neck, and partly by his feet on the table. At last the table was removed from beneath him, when, to the indescribable horror of every spectator, he was seen suspended, with his face uncovered, and one of his hands broke loose from the cords with which it should have been tied, and with his fingers convulsively twisting in the noose. Dreadful cries were now heard from every quarter. A chair was brought, and the executioner having mounted upon it, disengaged by force the hand of the dying man from the rope. He then descended, leaving the man's face still uncovered, and exhibiting a dreadful spectacle. At length a napkin was thrown over his face amidst shouts of "Murder," and "Shame, shame," from the crowd. The unhappy wretch was observed to struggle very much, but his sufferings were at an end in a few minutes. The soldiers remained on the spot till the body was cut down; and, as it was then near dusk, the crowd gradually dispersed.
The following is a remarkable instance of a similar scene which occurred in France in the year 1828.
Peter Hebard, who had been confined in the prison at Abbey, in France, for five months, expecting the final order for his punishment, having been convicted of a murder, committed under aggravated circumstances, and who had been allowed to indulge in hopes of a reprieve, was told to prepare for death in the afternoon. For nearly five years an execution had not taken place at Abbey, and the consequence was that an immense crowd assembled, which could with difficulty be kept in proper order by a large body of gendarmes. The prisoner was bound to the board laid across the scaffold; and upon the usual signal, his head was placed between the _lunette_ in the guillotine. The knife fell with a trembling motion, but did not touch the criminal. A cry of horror arose from the crowd. The knife was again lifted--it fell a second time, but without reaching the criminal's neck. A volley of stones was discharged at the executioner and his two assistants. For the third time the instrument was let down, but it only inflicted a slight wound. The executioners then quitted the scaffold for fear of the stones, and the criminal's head continued for some minutes bound to the block. The chief executioner again mounted the scaffold, and the knife fell twice more without success. The excitement in the crowd became indescribable. The executioner fled, the criminal lifted his head up, and was greeted with cries of "Bravo!" but he could not get away from the cords. One of the executioners then got on the scaffold, told the unhappy man to turn his head, and at the same time seized him by the neck, and gave him several wounds with a shoemaker's knife. Hebard's head, nearly half off, hung on his shoulder; the spectacle was so horrible, and the spectators so enraged at the executioner, that he was obliged to make his escape amongst the gendarmes. Hebard, who was found standing up to the block, still breathed, and remained for two hours in that situation, during which time he frequently opened his mouth. It appears that the scaffold had been intentionally damaged by a person who acted as assistant to the executioner on account of a grudge. A question might arise, whether the executioner's assistant had a right to stab the criminal, and so alter his punishment, which was to die by the guillotine.
HENRY HUNT.
IMPRISONED FOR A MISDEMEANOR.
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The Chronicles of Crime or The New Newgate Calendar. v. 2/2Chapter II: Part 2
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