Chapter XXIV: Part 24

"Prisoners at the bar:--You have been convicted, five of you in number, upon evidence, in each particular case, which can leave no doubt of your guilt, upon any reasonable mind, of crimes so deeply affecting the interests, and even the very existence, of human society, that your lives have become justly forfeited to the laws of your country. Assembled together with multitudes of other evil-doers like yourselves, you have, by threats and acts of violence, thrown the peaceable and industrious inhabitants of this city into a state of panic and alarm--you have deprived many of their only means of livelihood--you have carried fire to public buildings and to private dwellings, and have exposed the property of all to pillage, and the lives of many to destruction. Human society cannot be held together, if crimes like these are not put down by the strong hand of the law. Unless others are deterred from the commission of similar enormities by the just severity of your punishment, all that makes life valuable to man--the free enjoyment of the fruits of his honest industry, and protection from personal violence, must be altogether given up. The innocent and weak will become a prey to the wicked and strong; and mere brutal force will take the place of order and of law. What motive could lead you to the commission of these crimes it is impossible, from the evidence brought before us, to judge with any reasonable certainty. It was not the pressure of want or misery--it was no grievance, imaginary or real, under which you laboured. I fear no other purpose can be assigned that will apply to the greater number of those who shared in these wicked transactions, than that of giving up this city to flames, that it might become the object of universal pillage. You stand, each of you, a striking and awful example to others, of the wickedness which men commit, and the misery which inevitably follows it, when they throw off the restraint of the laws of God and man, and give themselves up to their own unbridled passions. I can only pray that your unhappy example may be the means of preventing all others from treading in your steps."

Having then separately referred to the circumstances of the cases of the various prisoners, he said in conclusion--

"Let me most earnestly exhort you all to prepare yourselves, by every means in your power, for that great and awful change which doth most assuredly await you within a very short time; apply yourselves earnestly and fervently to the Throne of Grace, that you may endeavour to obtain from him, who knows how to reconcile mercy with justice, that forgiveness which the laws of man cannot extend to you. And now, nothing more remains than the duty, to me a most painful one, of pronouncing the last sentence of the law--That you, and every of you, be taken to the place from whence you came, and from thence to the place of execution, where you will be severally hanged by the neck until you are dead; and may the Lord, in his infinite goodness, have mercy on your guilty souls."

This awful ceremony having been gone through, the prisoners were removed in a most pitiable condition.

The following prisoners were then brought up:--

Patrick Kearney, Daniel Higgs, James Courtney, John Mackay, T. E. Bendall, James Sims, John Powel, Matthew Warry, Cornelius Hickey, James Snook, William Reynolds, George Andrews, Patrick Barney, Benjamin Broad, Stephen Gaisford, Michael Sullivan, Timothy Collins, Henry Green, and Charles Williams.

The Lord Chief Justice addressed them in the following terms:--

"Prisoners at the bar,--After patient trials, before impartial and intelligent juries, each of you has been found guilty of an offence against which the laws of your country have, for the security of all, denounced the sentence of Death. You have, with many others, who for the present have escaped the hands of justice, devoted to plunder and destruction the city in which you live, and the place which had afforded to all of you subsistence and protection. You have reduced parts of it to a state of ruin and desolation, more complete than any foreign enemy, unless the most merciless, would have inflicted upon it. You have deprived many industrious families of their only means of support and subsistence; and the blood which it was necessary to shed in order to repress your acts of wanton outrage may be justly considered to lie at your door. But the hope we entertain that the fate of those upon whom the sentence of the law hath been passed, will operate as a sufficient warning to all others, induces us to join in an humble recommendation to his majesty that your lives may be spared. I would not, however, have you expect, that by escaping the bitterness of death, you have avoided all punishment for your offence. You will pass the remainder of your lives in a foreign and a distant land, separated for ever from parents, relations, and friends, and in a state of severe labour and privation."

Patrick Kearney, who, evidently, when first brought up, expected the extreme sentence would be passed upon him, and was then crying and begging for mercy, when he had heard the sentence, brightened up, and said, waving his hat at the time, "Never mind, my life is saved and Ireland is free."

The day's proceedings thus concluded; and on the following day the business of the commission terminated.

On Friday, the 27th of January, the sentence of death which had been pronounced, was carried out upon the four convicts--Clarke, Davis, Gregory, and Keys, Vines having been respited on the previous day. The miserable convicts, after their trials, conducted themselves with much propriety. They were attended by the reverend chaplain of the jail, and by the Rev. Mr. Roberts, a dissenting minister, whose exhortations were received by them with much apparent satisfaction. The place where they were doomed to receive their death was the very spot which had witnessed the commission of the crimes of which they had been found guilty--the New Jail. The outside walls now only remained--a sad memento of their desperate purposes.

Every precaution was taken to preserve order. The sheriffs arrived about eleven o'clock, and immediately proceeded to the cells of the wretched men, who were deeply engaged in devotion. It was not till past twelve that they were brought from their cells. The short time of anxiety which had elapsed since their trials had made a deep impression upon all. Still they were all comparatively firm, without the slightest tendency to bravado or improper boldness. The mournful procession slowly paced the prison-yard, the chaplain repeating the Burial Service--"I am the resurrection and the life." Having gone round the ruins of the governor's house, they approached the lodge, and then went up the winding staircase to the press-room.

The customary ceremonies were here gone through, of pinioning the convicts; and the procession once more, and for the last time, resumed its march, going up the winding staircase to the top of the lodge on which the scaffold was erected. Here all knelt down, and the Rev. Mr. Roberts offered up a prayer for heavenly mercy. The executioner now made his appearance. Davis was then conducted up the stairs to the frail scaffold, followed by Gregory. The latter bowed to the populace. Davis took no notice of those beneath, but once cast his eyes up to the fatal beam. Clarke next ascended, and was followed by Keys. The reverend divines having prayed with them a short time, and again taken leave of them, the caps were pulled down over their faces, and the fatal bolt was drawn. Keys apparently suffered much--the others died almost instantly. The crowd did not utter any expressions of approbation during the time of execution--all were quiet, and apparently were not much affected by this dreadful exhibition.

During the time occupied by the proceedings of the special commission, other inquiries were carried on scarcely less interesting to the inhabitants of Bristol. The first of these was an investigation by court-martial of the conduct of Lieutenant-Colonel Brereton in the affair. The charges made against him were, for negligence and want of due energy in assisting the civil force to suppress the tumultuous outrages of the mob during the riots in the city of Bristol on the 29th, 30th, and 31st October. The case against the defendant was opened on Monday 9th January, at the Merchant's Hall, in the presence of a very crowded audience, including many ladies. Captain Thomson, of the 81st foot, acted as Deputy Judge Advocate. Mr. Erle was counsel for Colonel Brereton; and General D'Albiac, at the command of his Majesty, conducted the prosecution. Colonel Brereton, on the charges being read over, pleaded Not Guilty.

General D'Albiac opened the case, calling upon the Court to form their judgment strictly upon the evidence, and to relieve their minds from all extraneous observations which might have arisen elsewhere.

The first witness called was Mr. Serjeant Ludlow, town-clerk of Bristol. He was at the Mansion-house on Saturday the 29th of October, from twelve at noon till twelve at night. There was a riotous and tumultuous assemblage in front of the house; the troops were called out under the command of Colonel Brereton; orders were given to Colonel Brereton to clear the streets, disperse the mob, and get the city quiet; this was not peremptorily and effectively done; the riots continued at intervals till twelve o'clock at night. The following statement was then made by the learned serjeant:--When Lieutenant-Colonel Brereton and the troops came to the Mansion-house door, the people on the outside were engaged in battering the front door; they had battered in one of the windows on the ground-floor, and some of them had entered into the dining-room. The immediate effect of the arrival of the troops was to remove them from the front of the Mansion-house, but they did not withdraw far. I repeatedly noticed, that the people having withdrawn from the streets while the soldiers were passing, immediately afterwards returned again to the front of the very door of the Mansion-house; occasionally stones were thrown at the windows, and indications of tumult and violence did not appear to me to have decreased materially. Colonel Brereton occasionally went down stairs and returned, and said that the people appeared to be very good-humoured, and he had no doubt he could drive them away by merely walking the horses. Just before one of these occasions, two of the soldiers of the 14th were brought in wounded--one of them very seriously. I asked Colonel Brereton if he thought that a symptom of good-humour on the part of the people out of doors? I said also they appeared to me to be increasing in number rather than lessening; and it certainly was intimated to him that it would be desirable to get the city quiet. The effect of his answers was such as to induce me to ask him if he had any recent instructions from the War Office to prevent him from attending to the directions of the magistrates? He said, "My directions are to attend to the orders of the magistrates." I then said, the mayor and one or two of the aldermen being near, "Your directions are immediately to clear the streets, and to get the city quiet as soon as you can," or to that effect. Some sort of cavalry movement was made in the interior of the square, where the people had collected; they were driven from the green part of the square, and entered the courts in front of the houses, and occasionally returned to the front of the Mansion-house, and continued the same kind of conduct which had prevailed the early part of the evening; in short, they were not effectually dispersed. Late in the evening, probably eleven o'clock, an officer of dragoons came into the room where we were. Colonel Brereton was in the room at the time. The officer stated, that his troops were receiving considerable annoyance in one of the streets near the Mansion-house, the situation of which he described. He said, that the lights (lamps) had been put out--that it was quite dark--and that the people, when followed by the soldiers, retreated into some boats or barges lying in the river, from which they annoyed the troops, and where of course the troops could not follow them; he said he wished to fire a few ball-cartridges in that direction. One of the magistrates, I believe Mr. Alderman Daniel, said, that in the situation in which the boats were described to be, there were probably a good many people going from market in the market-boats, and it would be desirable to avoid injuring those persons if possible. One of the gentlemen present, I believe a special constable, said, "Let me have twenty-five men, and be supported by the troops, and I will undertake to go down and dislodge the people in the boats." That operation certainly would have been undertaken if it had not been for what Colonel Brereton said. He said, "If you'll take my advice, you'll let them alone; it's getting very late, and I dare say they will go quietly home to bed." Some observation was made as to the necessity of getting the city in a state of peace and quietness; upon which Colonel Brereton answered, his men should patrole the streets during the night, and that he would be answerable for the peace of the city, or words to that effect. The officer of the 14th went away, and Colonel Brereton retired shortly afterwards.

Several other witnesses were called, whose testimony went to show considerable want of energy on the part of the colonel, as well as mistaken lenity, that led to the perpetration of outrages, which, had a more decided and vigorous policy been adopted, might have been prevented.

The inquiry had proceeded to a very considerable length, and on Friday was approaching a termination, when an event occurred which effectually put a stop to all further investigation, while it cast an additional gloom upon this most lamentable affair. It appears, that the gallant colonel seemed to feel the full force of the evidence against him as it went on, and was obviously much depressed. On quitting the court on Thursday afternoon, he went, as usual, to Reeve's Hotel, where he remained during the evening. At twelve o'clock his gardener brought his horse and gig, and he drove home to his house, called Bedfield Lodge, about a mile and a half from the city. He retired to his room without exciting any particular remark on the part of his servants; but about three in the morning his housekeeper heard the report of a pistol: she immediately called the guard and footman, who entered his room, and found the unhappy man weltering in his blood on the bed. Life was extinct; and on examination it turned out that he had shot himself through the heart. Surgical assistance was instantly summoned, but it was without avail. The news of the melancholy event reached Bristol at an early hour on Friday morning, and produced a most painful sensation in all ranks.

The effect of this tragical circumstance was the termination of this court-martial, which, however, was followed by another upon Captain Warrington, the inferior officer of Colonel Brereton at Bristol, at the time of the riots. The insertion of the following paragraph, however, which appeared in most of the public prints of the day, will be deemed only just to the memory of Colonel Brereton, before we proceed to the conclusion of this dreadful business:--"The proceedings of the court-martial evidently preyed on his susceptible and humane mind. He is acknowledged by all parties to have been a man of the most kindly and benevolent disposition, and during the eight years he has held the command of the district, was universally respected. He has been a widower for above two years, and has left two daughters, the one five, and the other three years old. He had served abroad, and distinguished himself as a brave and excellent officer. He was fifty years of age, thirty-three of which he had been a soldier; and as a testimony of the regard in which he was held, had received a sword, value two hundred guineas, from his brother officers. There is no doubt his mistaken lenity was influenced by his desire to avoid shedding human blood, and a conviction that he should have been able to pacify the mob without proceeding to those extremities which his duty under the circumstances clearly demanded. It would be ungenerous now, however, to dwell on the errors of one whose fate every feeling heart must deplore."

It was on Wednesday the 25th of January that the court-martial upon Captain Warrington commenced its proceedings. The charges preferred were three in number. The first imputed that, on the night of the 30th of October 1831, being in personal command of a troop of the 3d Dragoons in the city of Bristol, at the time when the most outrageous and alarming riots prevailed, although required by Mr. Thomas Kington, a merchant of the city, who required his aid, and that of the military under his command, to prevent the firing of the Custom-House, he not only refused to act, but neglected to inform Colonel Brereton, his superior officer, of the information he had received.

The second charge imputed, that the following letter from Mr. Charles Pinney, the mayor, to Colonel Brereton, was delivered to Captain Warrington, which he read, but neither acted upon it nor forwarded it to his commanding officer.

"Bristol, Three o'clock Monday Morning, 31st October 1831.

"SIR--I direct you, as commanding officer of his Majesty's troops,
to take the most vigorous, effective, and decisive measures in your
power to quell the existing riot, and prevent further destruction
of property.

"I am, &c. C. PINNEY."

An hour elapsed with the troops inactive after the letter was delivered, and in consequence great mischief was done. Several houses were sacked, and property to a large amount destroyed.

The third charge accused the Captain of neglecting to command his troops in person, and leaving them to the guidance of a young cornet, only sixteen months in the service, while he was absent from his quarters or retired to bed.

The evidence adduced was merely a repetition of those details which had already become perfectly notorious.

Captain Warrington commenced his defence on Monday the 30th of January, and, in a clear and manly speech, touched upon all the charges which had been preferred against him, and in a short narrative endeavoured to prove that when there was any apparent want of energy, or exertion, on his part, it arose, not from want of inclination in him, but from the omission of orders from his superior officer, or the absence of those magistrates who would have justified his proceeding even without the commands of Colonel Brereton. With regard to his temporary absence from his troop, he accounted for it by stating, that he had gone to General Pearson to ask his advice, and, on his return, was labouring under a fit of the ague, brought on from being repeatedly exposed to the rain, for the two preceding days; he retired to change his dress, and when his personal presence was officially and regularly required, he lost no time in heading his troop, and assisting in dispersing the rioters. He adverted to his past services under similar circumstances, and appealed to these, as well as to his conduct throughout his military career, as the best refutation of his having intentionally neglected the important duties imposed upon him. The address seemed to make a deep impression, and apparently went to remove all serious imputation from him as an officer and a gentleman. The witnesses called for the defence went to give the most satisfactory explanation of the course which the gallant officer had pursued throughout.--The following curious evidence was given by Major Beckwith, of the 14th Dragoons, on Tuesday:--"I must relate in what manner I saw the civil and military authorities co-operating, in order to show to the court the difficulties under which I saw Captain Warrington acting. On reaching Bristol, on Monday morning the 31st of October, I immediately went to the Council-house, where I found the mayor and several magistrates, who appeared to me bewildered and stupefied with terror. On hearing the state of affairs in the city of Bristol from those gentlemen, I urged that one or more magistrates should accompany me on horseback, for the purpose of restoring order. They all refused to accompany me, saying, it would make them unpopular, and cause all their property to be destroyed; they also added, that none of them could ride on horseback; and the one I requested to accompany me said he had not been on horseback for eighteen years. Seeing, therefore, that any assistance from the magistrates would be out of the question, I demanded to receive from them a written authority to take what measures I deemed expedient. From what I have related, and from what I saw in another quarter, to which I cannot refer, the impression of my mind was, that Captain Warrington and the 3rd Dragoon Guards were in a great measure paralysed by the imbecility and misconduct of those who ought to have directed them. I have further to state, that during the time I had a personal opportunity of observing Captain Warrington, he appeared to me alert, zealous, and desirous of doing his duty."

On the following Thursday, General D'Albiac replied to the defence of Captain Warrington; and this closed the case.

The decision of the court was not, however, promulgated, in obedience to the usual course, until it had first been submitted to his Majesty; but on the 21st of February, it was intimated to Captain Warrington that he had been found guilty, and was sentenced to be cashiered; but that he was recommended to mercy, and that his Majesty, having listened to the recommendation, had been pleased to authorise his disposing of his commission.

There were yet other persons in authority whose conduct upon this occasion it was deemed fit should be the subject of a judicial investigation. Reports unfavourable to the character and demeanour of the magistracy of Bristol had been circulated; and the necessity of allaying the irritation of the public mind, as well as of determining the real extent of blame to be attached to the mayor and aldermen, was felt too strongly to admit of this final inquisition being omitted. It was not, however, until Thursday the 25th of October 1832, that the case came on for trial. It was then brought before the Court of King's Bench, upon an information preferred against Mr. Charles Pinney, the mayor, and was decided by a special jury selected from the County of Berks.

The Attorney-General proceeded to state the facts to the jury, and said, he had no doubt he should be able to adduce evidence to prove that the defendant had neglected his duty as chief magistrate, and that he was guilty of the misdemeanour charged in the information.

Mr. John W. Newcombe was the first witness examined. After detailing the scenes already described, and the inertness of the police, in his cross-examination he said that he did say, on being applied to, to act as special constable to protect Sir Charles Wetherell, he would not do so, but said he would not injure him; and he had repeatedly said since, that it would have been better had Sir Charles been thrown over the bridge than that so many lives and so much property should have been destroyed. A similar feeling seemed to exist with many others, who had been applied to in a similar manner, and it was evident that the magistrates found great difficulty to get a sufficient number of persons to act on that occasion. Several other witnesses were examined, making out a strong case against the defendant. A good deal of amusement was excited in court by the description given by one of the witnesses of the escape of the mayor from the Mansion-house, during the heat of the attack. The witness said, in his examination, "I saw the mayor in the larder, on the ground-floor. I believe it is called the larder: it is the men's water-closet as well, but they hang up meat there (a laugh). There were three or four female servants with his worship (renewed laughter). They were making great efforts to get up on the leads--the female servants and his worship (a laugh). His worship, seeing me, said, 'For God's sake, young man, assist me up.' I stooped down and helped his worship up, the female servants assisting him behind. (Here the laughter became so loud that Lord Tenterden found it necessary to censure it in strong terms as foolish and indecent.) We got the mayor up on the leads, myself and the female servants, and he got away over the wall."

The inquiry continued until the following Thursday, and then terminated by a verdict of acquittal.

This, we believe was the last of the proceedings which arose out of these dreadful riots, if we except those which were carried on by those persons whose property had suffered damage through the violence of the mob. The extent of the mischief done could never be properly or specifically calculated; but its amount could be scarcely computed at less than 300,000_l._ The injuries done to property, however, were not those only which were to be regretted. The destruction of the buildings of the town, splendid and costly as they were, was small in importance compared with the loss of human life, and the personal violence sustained by many of those who were engaged in these proceedings. Of those whose misguided or wicked desires led them into this terrible fray, who died of the wounds which they sustained, a number scarcely less than twenty was discovered; and it is reasonable to suppose, that others also shared a like unhappy fate, whose death accident, or the design of their friends, concealed from public notice. Many were taken to the hospitals of the city, gorged with drink, who died from the combined effects of intoxication and exposure, while others were brought in at the last gasp, suffering from the effects of the wounds inflicted by the weapons of the soldiery, or produced by the falling of buildings, which they had themselves fired or overthrown. Some even yet retained in their possession the fruits of their rapine, and were found to have their pockets crammed with money, or other valuables. Of the number who fell victims to their own temerity, in their anxiety to complete the hellish work of destruction which they had commenced, and who were smothered in the falling ruins of burning houses, it is impossible to form an accurate calculation. They were principally of the very lowest and most abandoned classes of the people; and their loss was scarcely discovered, even by their oldest companions and most intimate associates. The number of wounded was of course much larger, and equally difficult to be properly estimated. Many, it is true, received surgical relief on the spot; but still there were great numbers who abstained from an open admission of their condition, in order to avoid the probability of those future proceedings, the result of which might have been more inconvenient than the injuries which they had received. Hundreds in this way concealed the effects of their own violence; but their crippled or maimed appearance eventually told too plainly the tale of their guilt.

With regard to the conduct of the magistracy and the military upon this occasion, it does not become us to offer any observations. The demeanour of both was the subject of legal investigation; and the determination arrived at must be deemed to have been both correct and conclusive. The want of energy which, it must be admitted, was exhibited, must nevertheless be the subject of universal and most sincere and painful regret.

JONATHAN SMITHERS.

EXECUTED FOR ARSON AND MURDER.

On Monday morning, May the 28th, 1832, a fire broke out in the lower part of the house, No. 398, Oxford-street, in the occupation of Mr. Jonathan Smithers, a tobacconist, which was attended with very serious consequences. At about six o'clock the police ascertained the existence of a conflagration at the lower part of the house, by the sudden issue of a large quantity of smoke and flame from the shop and house doors, and from the fan-light over the latter; and proceeding immediately to the spot, they found Mr. Smithers endeavouring to make his escape into the street by means of the area, communicating with the kitchen. All his efforts to gain the footway, and those of the people, who had in a few moments assembled, to force the railings of the area, however, proved unavailing, and Mr. Smithers was at length compelled to retire through the kitchen; and making his way up the stairs, which were on fire, he succeeded in reaching the shop, from which he rushed into the street, much burnt about his face and hands, and with his clothes on fire in many places. The sudden admission of air to the house through the shop door tended to increase the fury of the flames; and before any alarm could be conveyed to the inmates, who were asleep within, nearly the whole of the lower part of the premises was on fire. Mr. Smithers was immediately conveyed to the Middlesex Hospital, in order that the wounds which he received might be dressed; and almost before he had quitted the spot, the lodgers and other remaining occupants of the house had been made acquainted with their dangerous situation. Their first impulse was to escape by the stairs; but this they found to be utterly impracticable; and the scene which soon presented itself to the by-standers in the street was of the most heart-rending description. At almost every window were to be seen persons, male and female, bewailing their dreadful situation, and imploring aid with uplifted hands. The servant-girl at the third-floor window made signs that she would throw herself into the street, but was entreated to endeavour to descend to a lower floor, before she made so hazardous an attempt to save her life. The cries which were addressed to her prevailed, and she soon appeared at the second-floor front room, having experienced considerable difficulty in making her way down the staircase. Several men then ranged themselves under the window to catch her in her descent; and the girl, exerting her courage, presently found strength of mind to throw herself out, and alighted safely in the arms of one of those below. The man was knocked down, and considerably hurt, but the girl walked away comparatively uninjured.

But the worst part of our narrative is yet to be related. The second floor of the house was occupied by an elderly lady, named Twamley, and her family, consisting of two daughters, Eliza and Caroline, an orphan boy about eleven years of age, named Farengo, the nephew of the young ladies, and a Miss Thomasin, their niece. When this family became sensible of their danger, all hopes of escaping by the staircase had vanished, and they ran from window to window in a state of mind bordering on distraction Miss Eliza Twamley held the boy in her arms, and appeared more alarmed for his safety than her own. Terror-stricken, she remained at the window, unable to adopt any decisive course, until at length the flames caught what clothes she had on. The boy seized hold of the window, but was precipitated to the ground on his head--his aunt at the same moment appeared to be suffocated by the smoke, and fell back immediately under the window, a prey to the flames. Mrs. Twamley, it appears, was seventy years of age, and was in the last stage of chronic asthma,--unable to get out of bed. Her daughter Caroline heroically endeavoured to save her from the impending danger: seizing her in her arms, with strength increased by the frightful nature of her position, she raised her from the bed, and bore her through the window to some leads at the rear of the house, from which she hoped to be able to escape, or at which she thought they might remain until the flames should be extinguished. Her position was seen by some of the neighbours living at the back; and they called to her to beware of an abyss which lay in her path, and which separated the leads of Smithers' house from others at the rear of some other premises, and that they would rescue her from her perilous situation. A ladder was procured, and raised against the place where she stood; but before efficient aid could be rendered her, overcome by fright, she dropped to the leads below, with her mother in her arms. The distance which they fell was from twelve to fourteen feet; and both ladies were materially injured. Mrs. Twamley was immediately conveyed to a place of safety, where medical aid was procured; but death put an end to her sufferings after a period of two hours. Miss Twamley also received such medical assistance as her injuries required.

The other inmates of the house, whose escape we have not mentioned, were Miss Thomasin, M. Guissamere, a Frenchman, a Mr. Davis, and Mrs. Smithers; all of whom succeeded in quitting the house by the back premises. The engines, during the time occupied by these occurrences, had reached the spot, and instantly playing upon the burning house, succeeded in extinguishing the flame, and preventing them from extending to the adjoining premises, but not until they had completely destroyed the house in which they had originated, and every article of furniture and stock which it contained. Immediate search was then made for the remains of Miss E. Twamley; and they were discovered at the very spot at which she had been seen to fall, presenting a dreadful and melancholy spectacle. The arms and feet were entirely burned off, and the intestines protruded from the body, through some wound which had been caused by the falling upon her of some rafters. Her remains were immediately wrapped in blankets, and conveyed to the workhouse.

On the following day, Tuesday, a coroner's inquest was held on the body of Miss Twamley; and in the course of the inquiry disclosures of a most painful nature were made, tending to show that the house had been wilfully set on fire, and that means had been adopted to secure this object of a nature which left no doubt of the intention of the incendiary; and, further, that Mr. Smithers was the person to whom suspicion of guilt of this diabolical act attached. The main points upon which this suspicion rested were these:--It appeared from the statements of the various witnesses, that Mr. and Mrs. Smithers had lived for some time upon bad terms, and that frequent quarrels had taken place between them upon the subject of some property belonging to the latter, and of which the former desired to possess himself. On the night of Sunday, the 27th of May, Mr. Davis, the lodger, was let in by Smithers himself at about twelve o'clock, and he went down to the water-closet, which was situated at the bottom of the kitchen stairs. He observed a quantity of shavings about the stairs, and saw that his landlord was engaged in doing something with the shavings, the precise nature of which he appeared anxious to conceal. The servant had gone to bed early; and, contrary to custom, she had been directed to occupy an upper room on the third floor, instead of her usual apartment (the kitchen), and her master and mistress had their bed prepared in the back parlour. Smithers, about ten days before the fire, had purchased two sacks full of shavings; and these had been deposited, apparently with some object, in a vaulted cellar at the back of the house, with a quantity of old baskets and boxes, and other rubbish of the same description. On the day after the fire, a minute examination of the premises was made by Mr. Abrahams, a surveyor; and the discoveries which he made at once proved the fire to have been intentionally caused. He ascertained that the conflagration had originated at the bottom of the kitchen stairs, immediately in front of the water-closet, where the remains of burned shavings were distinctly perceptible. In the back vaults, adjoining the kitchen, there were even stronger proofs. A species of devil, formed of gunpowder pressed into a card, was found, communicating by a train to a heap of shavings at one end, and to a mass of easily ignitable rubbish at the other. Fire had been communicated to the shavings, which were placed upon a wooden shelf or dresser; but, in consequence of the interposition of a piece of greased paper which had been placed among them--apparently with a view of increasing the volume of flame, but which, in truth, had had the effect of extinguishing it altogether--the train of powder was not ignited, and the whole remained, affording distinct evidence of the act of incendiarism.

These, with other corroborating circumstances, were deemed of so suspicious a nature, that a verdict of wilful murder was returned by the coroner's jury, in the case of Miss Twamley, against Mr. Smithers, who was still in the hospital, and a warrant for his apprehension was issued.

At an inquest held on the body of Mrs. Twamley, a verdict was returned that she had died from fright; but the poor boy Farengo subsequently also died from the injuries which he had received; and in this case also a verdict of wilful murder was returned.

On Tuesday, the 12th of June, Smithers was removed to Newgate to await his trial upon the charge upon which he was already in custody, from Middlesex Hospital, where he had been confined by the injuries which he had received.

On Friday, the 6th of July, he was put upon his trial upon an indictment charging him with the murder of Miss Eliza Twamley, and of the boy Charles Richard Napoleon Farengo. The facts which had been disclosed before the coroner were again proved in evidence; and, after a lengthy inquiry, a verdict of "Guilty" was returned at two o'clock in the morning. Sentence of death was immediately pronounced upon the wretched man, and he was ordered for execution on the following Monday.

Upon his being conveyed to his cell after his conviction, he was repeatedly urged to confess the justice of the result of the trial, but he steadily persevered in avoiding giving any direct answer to the question; and although he never asserted his innocence of the crime, he could not be prevailed upon to make a confession. His demeanour throughout the trying scene of his receiving sentence, and from that time up to the period of his execution, was remarkable for the extreme coolness which it displayed. On Sunday his wife had her last interview with him, and although their meeting was of an affecting nature, the feelings of neither party appeared to be so much worked upon as is common upon such occasions. The wretched man conversed with her freely, and declared that from his boyhood he had always thought that he should die upon the scaffold. He had conceived the idea while playing with other boys in a churchyard, and it had never forsaken him.

His wife left him at an early hour, and he employed the remainder of his time in religious exercises and conversations with the ordinary. Before he retired to rest, he wrote a short letter to his wife; he appeared now deeply affected, but when it was concluded he became more composed, and declared himself to be quite comfortable. He took a great deal of rest during the night, but rose at an early hour to be ready to receive the attendant minister. At a few minutes before eight o'clock he was conducted to the press-room to be pinioned. His demeanour in the course of this trying scene was wild and hysterical; but as his last moments approached, he prayed with much composure. At eight o'clock he was carried to the scaffold, and there expiated his crimes.

Smithers, it appears, had carried on business for a considerable period in the shop in Oxford-street. He was insured for nearly 700_l._, which may in some degree account for his being guilty of the diabolical crime of which he was convicted. Miss Twamley, the victim of his foul machinations, had been a dancer at Covent Garden Theatre, and was a fine young woman. Her nephew, who was also killed, was the son of a deceased married sister. Miss Caroline Twamley was visited during a long illness, which succeeded the dreadful events which we have detailed, by many persons of distinction, who took a kind and generous interest in her welfare.

The prosecution of Smithers was carried on at the expense of the parish of St. Ann, Westminster. His execution took place on Monday, the 9th of July 1832.

JAMES COOK.

EXECUTED FOR THE MURDER OF MR. PAAS.

This diabolical murder of which Cook was guilty, attracted a very considerable portion of the public attention.

Mr. Paas, it appears, was a respectable tradesman carrying on a business at No. 44, High Holborn, London, as a manufacturer of such brass instruments as are used by bookbinders. Cook, his murderer, was a bookbinder at Leicester. Mr. Paas was in the habit of taking occasional journeys in the way of business, and in the course of his travels Cook became his customer, and ordered goods of him to the extent of about 25_l._ Cook at this time was twenty-one years of age, and he had only recently entered upon the business of his deceased master in a small yard leading out of Wellington-street, Leicester, upon his own account. In the month of May 1832, the usual period of credit had expired, and Mr. Paas wrote to Cook saying, that he should visit Leicester in a few days, when he hoped to receive the amount of his bill. On Wednesday, May the 30th, Mr. Paas accordingly arrived in Leicester, and put up at the Stag and Pheasant Inn. In the afternoon he quitted that house, and proceeded upon his rounds for the purpose of collecting the accounts due to him in the town. He called at several places, and amongst others at the house of Cook; but after leaving there, he was seen by one of his customers, of whom he made inquiries as to Cook's solvency, and whom he informed that he had already called upon him to pay an account, and that he had been requested to call again in the evening. Mr. Paas was not seen alive again after this; and the result showed that he had been wilfully and most diabolically murdered by his customer and debtor.

The only proof by which the unfortunate gentleman was traced to the workshop of Cook was that of his apprentice boy, Charles Wilkinson, aged fourteen years. He was at the shop of his master on the afternoon of Wednesday, and he saw a person come there, whose appearance, from his description, agreed with that of Mr. Paas. Immediately on his being seen by his master, he told him (Wilkinson) that he might go away and remain at home until he called for him--a circumstance quite unusual, and rendered the more remarkable from the great quantity of work which his master then had to do.

The circumstances attending the discovery of the murder, and the consequent apprehension of Cook, are of an extraordinary and interesting nature. The workshop which he occupied, it appears, was situated over a cow-house in the occupation of a Mr. Sawbridge, a milkman. On the evening of Wednesday, the 30th of May, a very large fire was observed to be blazing in his workshop; but as considerable heat was known to be occasionally necessary to be employed in his trade, no notice was taken of the occurrence. At about eight o'clock Cook visited the Flying Horse, a beer-shop in the immediate neighbourhood of his workroom, and having called for some drink, and played a game of skittles with an undisturbed aspect, he requested change of a sovereign. The landlord, Mr. Nokes, produced the coin necessary, and Cook on giving him the sovereign took from his pocket a silk purse containing money to a very considerable amount in gold, silver, and notes. This excited some surprise, but no remark was made, and Cook went away returning apparently to his workshop. After a short time, however, he went to Mrs. Sawbridge, and told her that he should work during the night in order to finish some articles which he had in hand, and desired her therefore not to be frightened if she should see that he had a fire. At half-past ten o'clock he returned to his workshop, being let in by Sawbridge; and from that hour until half-past four o'clock on the next morning nothing was seen of him, although it was evident that he remained in his room, as he was unable to quit the premises without the knowledge of his landlord. A strong light was observed in his workshop, and he was heard occasionally moving about, both in the house and in the yard; but although his father went to look for him and to inquire into the cause of his unexpected absence from home during the night, he made no answer.

At half-past four o'clock Sawbridge rose for the purpose of milking his cows. He found his tenant still in his workshop, attired in his usual working clothes, and apparently employed at his trade of bookbinding. Cook inquired whether he was going to milk his cows, and he answered that he was, at a place called Stoney-gate House, about four miles off on the London road. Cook declared that he felt faint and sick after sitting up all night, and that he should like a walk to refresh himself; and having locked his room, he walked away to the fields in company with his landlord and a man named Sumpter, who joined them. They talked upon indifferent subjects, and Cook employed himself in keeping the cows together, while Sawbridge milked them in succession; and then they walked back to Wellington-street, the former re-entering his own workshop, while the latter proceeded to his ordinary occupation of carrying out the milk.

On Thursday evening the murder was discovered. At about ten o'clock the appearance of an unusual degree of light in the workshop of Cook attracted observation, and the neighbours having assembled, fears were expressed that the premises had caught fire. The window-blinds were down, and from without no distinct information could be obtained of the existence or non-existence of any conflagration, and an entrance to the building was in consequence determined on. Mr. Timson, a broker residing within two doors, was the person by whom the performance of this work was undertaken, and reaching the top of the stairs leading to Cook's workshop, he burst open the door, and immediately entered that apartment. He found that the fire which had been kindled in the grate was extended far beyond its usual bounds, and a large piece of flesh was on the top of it burning. The flesh was taken off and put on the floor, and then the fire was raked out and extinguished. Many persons had by this time reached the spot, and great curiosity was expressed to know the nature of the flesh which had been found, as well as the reason for consuming it. Many declared their impression that it was horse-flesh; but Cook was sent for, in order that he might explain the mysterious and suspicious circumstances attending its discovery. He was found at his father's house undressed, and apparently about to retire to rest; but on his being informed of the nature of the inquiry which was proceeding, he immediately dressed himself, and accompanied the messenger who had been despatched in search of him to Wellington-street. On his way thither, he asked with great anxiety whether the flesh which had been found was scorched all over; and being answered in the negative, he exhibited much agitation. He, however, afterwards learned the nature of the supposition of its discoverers of its being horse-flesh, and appeared more easy. On his reaching Wellington-street he was questioned upon the subject of the flesh, and his answers showed the facility with which he was able to coin plausible excuses for the act of which he had been guilty. He declared that the flesh was horse-flesh, and that he had bought it for the purpose of feeding a dog, for the purchase of which he had been bargaining; but he added, that the owner of the dog having refused to allow him to become its purchaser, and the meat having become partially putrescent, he had determined to burn it to get rid of it. He was told that he had nearly set the house on fire in his exertions; when his answer was, "Well, it's all out now, so let us lock the door and go." In answer to further inquiries, he said, that he had purchased the flesh of a man, whose name he did not know, in the Humberstone-gate. The circumstances which had been ascertained, however, aided by the discovery of an attempt on the part of Cook to conceal his proceedings in his workshop by pasting thick paper over his windows, tended to attach considerable suspicion to his conduct in the transaction, and Measures, a constable, having arrived on the spot, he deemed it to be his duty to take him into custody. An undefinable terror appeared to pervade the minds of all upon the subject of the flesh which had been found, but none could fix any idea even in their own minds as to the real nature of the occurrence which excited at once their alarm and suspicion. The flesh was taken by Measures to his own house for better security, and his prisoner was conveyed by him at once to the mayor's office. Here, however, a difficulty presented itself. The mayor could not be found, and the constable was driven to act upon his own authority and responsibility. From his acquaintance with Cook he knew him to be a person to whom a good general character attached, and he was unwilling upon suspicions so vague as those which were entertained to lock him up all night. He, therefore, informed him, that if he could procure good bail for his appearance on the next day, to answer any charge which might be preferred, he would liberate him; and his father having become responsible for his re-production when he should be required, he was at once discharged out of custody.

On the following day he was sent for by the mayor, with a view to his examination upon the subject of the discoveries of the preceding night, but he had absconded.

The suspicions already entertained were now still further excited, and a surgical examination of the piece of flesh was determined upon. Its result was the expression of the belief of Messrs. Denton, and others, surgeons, that it was part of a human body!

Instant minute inquiries were set on foot with a view to its being ascertained whether any person was missing from the town; and the non-return of Mr. Paas to his inn at once led to a belief that he had fallen a victim to the barbarous machinations of Cook, and that he had been murdered, and his remains thus mutilated and consumed. A universal sensation of horror was created as this idea gained ground, and evidence confirming the general impression was soon obtained upon an examination of the premises of the supposed murderer. In the chimney of his workshop was found all that remained unburnt or unscorched of the body of the unfortunate Mr. Paas. Two thighs and a leg, separated from each other and from the main trunk of the body apparently with great determination by a knife and a saw, were found suspended from a nail by a cord, in the chimney, about a yard and a half above the fireplace, evidently awaiting only the favourable opportunity when they too might be consumed, and so all trace of the murder be destroyed. In the room were also discovered the leg of a pair of black trousers, covered with blood, together with a snuff-box, an eye-glass, a pencil-case, with the letter "P" engraved on it, and some fragments of cloth, much stained with blood. Among the ashes were found the horrible remains of the deceased, in the shape of calcined bones; but there was also discovered a gaiter, of a description known to have been worn by Mr. Paas. The floor of the room had evidently been recently scraped and scoured; but evident marks of some dark fluid having flown over it were still visible. Other evidence, presented by the discoveries in this room, pointed out the mode of the death of the deceased, and the method in which his body had

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