Chapter XXV: Part 25

been cut in pieces, in order the more readily to be burned. On the table was seen a bill, in the name of Mr. Paas, on Cook for 12_s._; and at the foot of this instrument was the word "settled," followed by the two letters "J. P." It had been the habit of Mr. Paas invariably to sign his name in full to such receipts, and in this instance it appeared as if he had not intended to depart from his custom, but that having reached the completion of the letter P, he had received a severe blow, by which the pen in his hand had been driven in a direction across the preceding letter "J," a deep and heavily pressed ink-mark being perceptible on the paper, as if such had been the case. The instrument of attack was discovered, in a heavy species of hammer used by bookbinders in their trade.

A new and minute examination of the fireplace proved that the murderer had not so far succeeded in his object of destroying the body of his victim as was at first supposed. A mis-shapen and most unsightly mass of matter, which no one would have supposed, upon an ordinary inspection, could ever have formed any portion of the human frame, was found among the cinders; and upon its being submitted to the scrutiny of surgeons, it was declared by them to be the lower part of the abdomen, and a part of the thighs of the human body; but all was dreadfully disfigured by the action of the fire, and it was evident that large collops of flesh had been cut from it, with a view apparently to its more speedy destruction and disfigurement. The fireplace was found to have been in some degree enlarged by the removal of one or two bricks; and across the top of it were to be seen two bars of iron, placed there so as to serve as a gridiron, on which the flesh might be placed in its progress of consumption. No trace of the trunk of the body or the head of the deceased, however, could be found, and it became the general impression that these had been removed, and had been buried somewhere in the outskirts of the town.

These new discoveries at once fixed the identity of the deceased, and the fact of his having been murdered, with intelligence of the melancholy occurrence, was immediately conveyed to the friends of the unhappy gentleman, in London, together with an intimation of the flight of the murderer. The feelings excited by such a communication to Mrs. Paas and her family were of a nature to be more easily imagined than described; but the firm of Barker, Denton, and Choffin, attorneys of Gray's Inn, was at once called upon to take the necessary steps to secure the apprehension and conviction of Cook. Mr. Barker, in consequence, applied immediately at Bow-street for the assistance of the metropolitan police-officers, and a warrant was at once issued, and placed in the hands of an officer for execution. A reward of 100_l._ was also offered for the apprehension of Cook, and every step was taken by which it could be hoped to bring him to justice.

On Sunday the 3rd of June, an inquest was held upon the remains of deceased, at the Dog and Gun, in the Market-street, Leicester. The facts which we have detailed were then proved in evidence, and the additional testimony of a person named George Cooke, living at Loughborough, and occasionally driving the coach between that place and Manchester, was obtained, which tended to confirm the suspicions entertained against Cook, and at the same time to exhibit the line which he had taken in his endeavours to escape from the pursuing hand of justice. Cooke stated that on the previous Friday morning, at a quarter after five o'clock, he was in the stable-yard of the Black Horse Inn, at Loughborough, when he saw a person who was a stranger (but who was now known to be Cook, from the description given of his appearance) conversing with the stable-boy. He appeared dirty, as if he had been up all night and in the roads; but as it was fair-time, he concluded that he had been larking, and did not take much notice of the circumstance. The witness joined in the conversation, and presently the stranger produced a small broach from his shirt-front, which he said he had picked up. He expressed a wish to sell it, and the witness finally bought it for two shillings. The man afterwards produced a silver watch, with a gold chain and seals, which he said his father had purchased for him for 40_l._; and then he declared his desire to procure change for a 5_l._ or a 10_l._ note. He brought a green silk purse from his pocket, and took a note of each denomination from a number of papers which it contained, and at the same time exhibited a large sum of money in gold. The witness endeavoured to procure change for him, but could not, and left him. He subsequently learned that the man had gone on by coach and railroad to Liverpool. The brooch was produced by the witness, and it was instantly recognised by several friends of the deceased gentleman to be one which he had constantly worn, and which he had received as a mourning token upon the death of a friend named Mancell.

Upon this testimony the jury returned a verdict, that the remains which had been discovered were those of Mr. Paas, and that he had been wilfully murdered by James Cook.

A few days sufficed to bring this atrocious malefactor to justice. Cummins, an officer of Leicester, had started in pursuit of him, and he succeeded in apprehending him on Tuesday on the point of joining a vessel just sailing from Liverpool for America. It had been ascertained by this active officer, that the object of his search had made for Liverpool; and he entertained little doubt that his intention was to reach one of the vessels which was then about to sail for America, after their quitting the harbour. For the purpose of more easily watching the anticipated movements of his prey, he and his assistant stationed themselves on the Chester side of the river Mersey, and, with a boat and crew always ready, remained anxiously awaiting the anticipated necessity for exertion. A constant look-out enabled them to criticise the appearance of every boat which put out, and their watch did not extend to a very long one. To the disgrace of the watermen of Liverpool, there were to be found among them men who, for adequate remuneration, were always ready and willing to succour those who were flying from punishment--no matter what their crimes might be--by carrying them off to the ships which should be lying in the channel, outward-bound. Cook had succeeded in procuring the aid of a crew of these men, and, at an early hour on Tuesday morning, the 5th of June, he put off from the shore. The movements of the party did not escape the vigilant observation of Cummins and his well-experienced assistants, and their object soon became apparent. They were allowed to get well out to sea, however, before any effort was made to pursue them; but then Cummins, with his active crew, immediately started in pursuit. They gained rapidly on the small boat in which the object of their search was; but he, finding himself in danger of being secured, at once ordered his men to make for the shore. They had already reached the shallow water, when the pursuing boat came close astern. Cook, who appeared frantic with desperation, jumped overboard, with an intention to drown himself; but the water was too shallow for his purpose, and finding himself disappointed in this object, he drew a phial from his pocket, the contents of which he was about to drink, when, however, his hand was seized by Cummins, and so forcibly compressed that the bottle was broken, and its liquid contents, whatever they may have been, lost in the sea. The wretched man was now secured by the officers and conveyed to Liverpool, and he there immediately underwent an examination before the magistrates of that city. The nature of the charge was stated, and his identity having been proved, he was at once ordered to be conveyed to Leicester.

At his own request, he was allowed to remain at the Bridewell that night; but on the following morning he was carried back to the scene of his diabolical crime by coach, in custody of five constables. On his way he exhibited the utmost levity, and frequently laughed at the people who came out of their houses to catch a glimpse of him as he passed by. He ate and drank heartily, and requested, at almost every stoppage, to be supplied with brandy-and-water and cigars--a demand which was complied with. The coach did not arrive at Leicester until near ten o'clock; but the streets were, even at that hour, crowded with persons looking for his coming. He was safely lodged in jail, without any disturbance taking place.

From the moment of his apprehension he made no attempt to deny that Mr. Paas had fallen by his hands; but he sought to palliate his offence by asserting that that gentleman had attacked him first with one of the implements of his trade, in consequence of his refusal to pay him a bill which he owed him. He declared that he paid him the twelve shillings on his first visit, and denied most positively that he had any previous intention to commit the murder.

At a meeting of the borough magistrates of Leicester, at the town-jail, on Thursday afternoon, Cook was brought before them for the purpose of affording him an opportunity of making any disclosure or explanation he might see fit.

Mr. Burbidge, the town-clerk, addressed him, and said that he was not bound to say anything to criminate himself.

The prisoner, after a short pause, replied in substance and words nearly as follows:--"I am innocent of wilful murder, and my conscience is not burdened in the manner that you gentlemen seem to suppose. Mr. Paas called on me in the morning, but what morning I cannot exactly say, my agitation of mind has been so great ever since. I paid him a bill of twelve shillings. There were two bills due. The other was for a larger sum. Mr. Paas wrote "Settled" on the twelve-shillings bill, and I told him I would strive to pay part of the other if he called again in the evening. Mr. Paas did call in the evening, but I was not able to give him anything. He was angry, and I was angry; disagreeable words took place, and a scuffle ensued, and in this manner I was brought to this shameful and disgraceful end."

Mr. Burbidge said they had reason to suppose that the upper part of the body had been moved from the premises, and probably buried, and they understood he had admitted as much to one of the constables. The prisoner, after hesitating a short time, said he would consider of it. In addition to the above, the prisoner had previously told the constables that, during the scuffle, Mr. Paas had thrown the great hammer at his head, and that it struck his shoulder, and that in the heat of the moment he snatched up the press-pin (a strong iron bar), and hit him with it on the back of the neck, and he fell dead instantly.

On Friday morning the prisoner was visited in his cell by Mr. Burbidge, accompanied by the governor of the jail and his son. He was found reading and extracting from one of the many religious books with which he had been supplied. Mr. Burbidge asked him whether he was willing to tell what he had done with the trunk of the body. The prisoner replied, "I know I shall suffer, and as there is a just God, I burnt the whole of it; but how I did it, I can hardly tell."

Mr. Burbidge asked when he burned it? He replied, "In the course of Wednesday night." Mr. Burbidge then asked how he did it; and he said that he cut it up into fragments, and so placed them on the fire. Mr. Burbidge told him that he had been informed by surgeons that it would be impossible for him to destroy the lungs by any ordinary fire. The prisoner, in a composed but melancholy tone, replied, "Ah, sir, they never tried the experiment." Mr. Burbidge next observed, that he was given to understand that it was impossible to destroy the intestines by fire, without their causing a stench that would be smelt all round the neighbourhood. The prisoner, in answer, said, "I know nothing about that, sir; it was a very stormy night, and a great deal of rain fell--perhaps that may account for it." Mr. Burbidge asked, if his story were true, how he could explain the circumstance of no remains of the bones of the skull or trunk being found? The prisoner replied, that they were all burned so that he could crush them with his foot easily. He added, placing the fingers of his right hand upon the palm of his left, "I could mash them thus."

Mr. Burbidge asked how he could think of such a horrible mode of disposing of the body? The prisoner answered, "What was I to do with it, sir? the dreadful deed had been committed: I must get rid of it some way, and I had no other mode of disposing of it." Mr. Burbidge observed to him, that if he had cut up the body as he had stated, a great flow of blood must have taken place, and yet there were very few marks of blood on the floor: how did he account for that? In answer, the prisoner said he had first strewn the floor thickly with hay and straw, which he afterwards collected and burned.

This gives the substance of the various statements made by the prisoner, although he was repeatedly questioned upon the subject of the murder; and, on the 9th of June, he was committed to take his trial.

The remains of Mr. Paas having been conveyed to his late residence in Holborn, they were, on the 11th of June, carried to their last resting-place, followed by a host of mourning friends.

During the subsequent imprisonment of Cook in Leicester jail, preparatory to his trial, every means was adopted in order to procure from him some further confirmation or contradiction of the statement which he had made with respect to the disposal of the head and body of Mr. Paas, the recovery of which, if they had not been really destroyed, would naturally have afforded considerable satisfaction to the friends of the deceased. All the efforts which were used, however, failed; and the prisoner contented himself with persisting in the truth of the story which he had already told. He answered all inquiries with the greatest composure, and appeared fully aware that his fate in this world was sealed. With regard to the money which he had taken from Mr. Paas, he asserted that it amounted only to between 50_l._ and 60_l._, 30_l._ of which was in notes, while the remainder of the amount was in sovereigns.

On Wednesday, August the 7th, the prisoner was put upon his trial at the Leicester assizes, charged with the wilful murder of his victim. The indictment alleged the murder to have been committed in various ways, in order to meet all the circumstances of the case.

The prisoner, on being called upon to plead, confessed himself guilty of the offence imputed to him. He declared that he was fully acquainted with the effect of his plea, and declined to withdraw it.

Sentence of death was then immediately pronounced by the presiding judge; and in order that the heinous nature of the crime of the prisoner should be more especially marked, he ordered that his body should be gibbeted in chains after his execution.

On the following Friday, 10th of August, the first part of the sentence was carried into effect, the convict being hanged in front of the jail at Leicester. His demeanour subsequent to his trial was in nowise altered, but partook of the same degree of calmness for which it had been previously remarkable. At his execution he was respectably attired in a black coat and waistcoat, and white duck trowsers. He betrayed but slight symptoms of emotion, and met his fate with becoming resignation.

Previously to his execution he made a confession of the circumstances of the murder more in detail than those which he had previously delivered. He said that he had had the murder in contemplation for a week before its commission; and that the visit of Mr. Paas to his workshop on the fatal 30th of May, was deemed by him to present a favourable opportunity for completing his sanguinary design. When Mr. Paas entered his shop on the evening of that day, he shut the door, and he then paid him the amount of a small bill in which he was indebted to him. Mr. Paas had receipted the bill, and, having risen from his seat at the table, was examining the binding of a book which lay on the press, when he conceived that the favourable moment had arrived. Taking up the press-pin (a heavy iron instrument), he walked behind his victim, and struck him a tremendous blow on the back of his head. The unfortunate gentleman raised his hands to his head, and staggering towards the door, cried out, "Murder" as loud as his voice, enfeebled by the attack which had been made on him, would allow; but his assailant, now terror-struck, followed up the blow which he had already dealt with others of equal severity on the top of his head. The third stroke was sufficient; and the unfortunate victim of his crime fell heavily to the ground. Turning on his back, his arms were convulsed for a few moments, when they ceased to move, and "all was over." His murderer now retired from the room, and locked the door, but returned again at night to dispose of the body. On his entering the workshop he stumbled over his victim, and his nerves were dreadfully shaken by this circumstance, but speedily getting rid of his alarm, he commenced the work of cutting up the body, and recovered his usual firmness; and so completely was he restored, that he declared that he could have continued the horrible occupation in which he was engaged for a much longer time than he did, if he had deemed it necessary to do so. He then declared, as a dying man, that he had consumed by fire every particle of the body and clothes of the deceased gentleman, except those parts which had been found; and he stated that _pride_ had driven him to commit the crime, and that he was desirous of procuring money, in order to embark for America. He alluded, with seeming horror, to a connexion which he had formed with a society of young men, who professed Deism, in Leicester, and at whose meetings the works of Tom Paine, Carlile, and others, were read; and emphatically added, "Until I got connected with these persons, attending as I did some place of religious worship three times every Sunday, I considered myself a moral young man; but my heart was changed by their example."

When the body of the convict had hung the usual time after his execution, it was cut down and conveyed back to the jail, in order that the necessary preparations might be made to carry out that portion of the sentence which directed his remains to be gibbeted in chains. The head was shaved and tarred, to preserve it from the action of the weather; and the cap in which he had suffered, was drawn over his face. On Saturday afternoon his body, attired as at the time of his execution, having been firmly fixed in the irons necessary to keep the limbs together, was carried to the place of its intended suspension in Saffron-lane, not far from the Aylestone Toll-gate, a short distance out of the town of Leicester. A gallows, thirty-three feet in height, had been already erected; and the horrible burden which it was intended to bear was soon attached to it. On the following day, thousands of persons were attracted to the spot, to view this novel but most barbarous exhibition; and considerable annoyance was felt by persons residing in the neighbourhood of the dreadful scene. Representations were, in consequence, made to the authorities, and on the following Tuesday morning, instructions were received from the Home Office, directing the removal of the gibbet, and granting the remission of that portion of the sentence, by which this exposure, the remnant only of a barbarous age, was required. These orders were immediately obeyed; and the body was subsequently buried in Leicester.

WILLIAM JOBLING.

EXECUTED FOR MURDER.

At the Durham assizes, on Wednesday the 1st of August 1832, William Jobling was tried on an indictment charging him with the wilful murder of Mr. Fairles, a magistrate, on the previous 11th of June. Mr. Fairles, it appeared, had given offence to the colliers, from his spirited exertions to suppress their riotous proceedings. On the day in question he was returning from the Jarrow Colliery on his pony, when he was overtaken by the prisoner and a man named Armstrong, who, having first asked him for money, dragged him from his horse and beat him unmercifully with a bludgeon, and also pelted him with stones as he lay on the ground. Mr. Fairles was found in a state of insensibility, and, on his recovery, swore distinctly to the prisoner and Armstrong, as the persons by whom he had been attacked. He subsequently died of his wounds. The prisoner was secured at Shields; Armstrong escaped; the prisoner was found "Guilty," and received sentence to die on Friday--his body to be hung in chains.

_P. 354_]

This sentence was carried out to its full extent, the body of the criminal being suspended to a gibbet in the neighbourhood of the scene of the murder.

This exhibition, however, gave great offence to the colliers; and after the remains of the unhappy wretch had been exposed for several weeks, they were, on Saturday the 8th of September, suddenly missed, having been removed during the previous night. The deceased had been a collier; and little doubt was entertained that his late companions and fellow-workmen had done this service to his memory: all subsequent efforts to discover the place of concealment of his body proved unavailing. But although undoubtedly its unauthorised removal was a serious breach of the law, there were few to be found who looked upon it as matter for regret, or who did not view the circumstance as a convincing proof of the impolicy of reviving a practice so barbarous as the exposure of the bodies of executed criminals.

The law by which this exposure was authorised was enacted by the statute 2 and 3 W. 4, c. 75, s. 16. That act provides, "Whereas an act was passed in the 9th year of the reign of his late majesty (9 Geo. 4, c. 31), for consolidating and amending the statutes in England relating to offences against the person, by which latter act it is enacted, that the body of every person convicted of murder shall, after execution, either be dissected or hung in chains, as to the court who tried the offender shall seem meet, and that the sentence to be pronounced by the court shall express that the body of the offender shall be dissected or hung in chains, whichsoever of the two the court shall order; Be it enacted, that so much of the said last recited act as authorises the court, if it shall see fit, to direct that the body of a person convicted shall, after execution, be dissected, be and the same is hereby repealed; and that, in every case of the conviction of any person for murder, the court before which such prisoner shall have been tried shall direct such prisoner either to be hung in chains or to be buried within the precincts of the prison in which such prisoner shall have been confined after conviction, as to such court shall seem meet; and that the sentence to be pronounced by the court shall express, that the body of such prisoner shall be hung in chains, or buried within the precincts of the prison, whichsoever of the two the court shall order."

The legislature appears to have duly estimated the extent of the disgust created by the two exhibitions which have been referred to of the remains of Cook and Jobling; and, by the 4 and 5 W. 4, c. 26, s. 1, the provisions of the statute last mentioned are repealed, so far as they relate to the hanging of criminals in chains. That act enacts (after reciting the provisions of the statutes of 9 Geo. 4, and 2 and 3 W. 4), "That so much of the said recited act, made and passed in the ninth year of the reign of Geo. 4, as authorised the court to direct that the body of a prisoner convicted of murder should, after execution, be hung in chains, and also so much of the said recited act, made and passed in the second and third year of the reign of W. 4 as provided, that in every case of the conviction of any prisoner for murder, the court should direct such prisoner to be hung in chains, should be and the same is hereby repealed."

DENNIS COLLINS.

CONVICTED OF HIGH TREASON, IN THROWING A STONE AT KING WILLIAM IV.

This extraordinary attack on the person of his majesty took place at Ascot Heath races, for many years the resort of the royal family. The assault, for in common parlance it amounted to no more, appears to have originated in nothing more than an insane desire on the part of the person who was guilty of it to vent his anger on the king for a supposed injury, inflicted on him in the forfeiture of a pension which had been granted to him for past services in the navy.

It was on Thursday, the 19th of June 1832, that this attack was made. His majesty, accompanied by his consort, had just reached the grand stand on the race-course, and had advanced to the front window to acknowledge the respectful greetings of his people, when two stones, thrown in quick succession after each other, were seen to fly in the direction of the window at which the royal party was stationed. The first stone rebounded from the building to the ground below, but the second entered the open window and struck his majesty a somewhat severe blow on the front of the head. An instant alarm was raised, and a thousand arms were extended to seize the individual by whom the attack was made, whose act was attributed to an intention far more dangerous than it eventually appeared the unfortunate man had had. His majesty was much agitated, and retired to the inner part of the room, apparently in alarm lest any further violence should be attempted, and was observed to express considerable fear lest her majesty, or any of the females of the suite, might receive injury; but in a few moments he regained his self-possession, and presented himself at the window to assure the public of his safety. His majesty had received a slight injury only, owing to the stone having fallen upon his hat; and the royal party appeared perfectly re-assured long before the alarm created in the minds of those present had subsided, and they had become convinced that the attack was not the subject of some deep laid and villanous plot.

The wretched author of the mischief, as we have already stated, had been immediately secured, and he was now carried before Sir F. A. Roe, the chief magistrate of Westminster, who was always in attendance upon his majesty upon such occasions, and who held a species of court in a room under the Grand Stand. Gardiner, the Bow-street officer, had the prisoner in charge, and conducted him to the presence of the magistrate. In a few moments the room where the examination was held was crowded with persons in attendance on his majesty, or attached to the royal suite, who were anxious to learn the particulars of this extraordinary act, as well as to ascertain the station and occupation of the assailant of the king.

The prisoner was found to be old and decrepit, with a wooden leg, and wearing the tattered garb of a sailor. He gave his name Dennis Collins, and surveyed the assembled throng with a calm composure, while, however, there appeared to be considerable incoherence in the expressions which he occasionally let fall, produced apparently indeed by the confusion in which he was involved, consequential upon the somewhat rough treatment which he had received from the mob before he had reached the custody of the police-officers. The circumstances which have been already detailed were now proved in evidence; and witnesses were examined who had seen the prisoner on the race-course during the morning, and had remarked his demeanour. He appeared to be occupied in begging, but an angry resentment seemed to be exciting his mind. This had evidently reached its height at the moment of his attack upon his majesty; but his premeditation appeared to be exhibited beyond a doubt by his possession of the missiles which he threw, which must have been brought from a somewhat distant part of the ground.

The miserable old man was considerably below the middle height, and the general aspect which he presented was the reverse of pleasing, on account of the want of cleanliness of his person. His countenance was by no means ill-favoured, and a bright sparkling eye appeared to lend to it an expression of considerable intelligence. He made no statement before the magistrates, and was eventually committed to Reading jail for re-examination on the following Wednesday.

On that day the necessary witnesses to his crime were called, and their depositions formally taken, and the prisoner was then called upon for his defence. His address to the magistrates was highly characteristic of the old sailor, a station to which it appears the prisoner was entitled. He said, "I own myself in a great fault for throwing these stones at his Majesty. I was in Greenwich Hospital on the 16th of December last, as an in-pensioner. I had been there eighteen months. The ward-keeper was sweeping the place, and I told him he had no business to sweep it more than once a-day; the boatswain's mate abused me, and I returned it. A complaint was then made to Sir Richard Keats (the governor), and I was expelled for life. I petitioned to the Lords of the Admiralty to have the pension which I had before I went into the hospital restored to me. I am entitled to that pension by an act passed in the reign of George IV., which entitles a pensioner to have the same pension which he had before he became an in-pensioner, unless he struck an officer, or committed felony, or did anything of the kind, which I did no such thing; on the 19th of last April I petitioned the king to have my pension restored. He answered by sending the petition to the Lords of the Admiralty, and Mr. Barrow, the secretary, sent a letter to me at the public-house, the Admiral Duncan, with the same answer the king gave. The answer was, that 'His Majesty could do nothing for me.' This was part in writing, and part in print. I had neither workhouse nor overseer to apply to, and had not broke my fast for three days; merely distress drove me to it. His majesty never did me an injury, and I am exceedingly sorry I threw a stone or anything else at his majesty. On the 17th of the present month I went to Admiral Rowley's; he swore at me and kicked me. I can only say I am very sorry for what I have done, and must suffer the law. They had no right to take my pension from me, to which I was entitled by Act of Parliament."

This was all the wretched man said, and he was then fully committed for trial in the customary form, upon the charge of high treason.

His trial took place at Abingdon on Wednesday the 22d August, when he was arraigned upon an indictment, charging him with assaulting his majesty, with intent to kill and murder him,--with intent to maim and disable him,--and with intent to do him some grievous bodily harm.

The prisoner pleaded not guilty, and the case was immediately commenced. The evidence was conclusive as to the facts which we have stated, and a verdict of "Guilty" upon the last count was returned.

The sentence awarded by the law to the offence of high treason was immediately passed, the prisoner being ordered to be drawn and quartered, in obedience to the ancient and long existing practice.

It was directly known that a sentence so severe would not be carried into full effect upon a man whose only crime appeared to have been insanity, although there was no distinct evidence by which this supposition could be proved; and on the following Friday, a respite was received at Abingdon jail, by which the punishment of death was removed in the case of the wretched old convict.

Collins, at the time of his trial, was upwards of seventy years of age, and, as his defence before the magistrates imported, he had served in the navy for many years. His gallant conduct in an action was the cause of his losing his leg, and he was compelled to quit the service. He subsequently exerted himself to procure his admission to Greenwich Hospital, and eventually he succeeded; but he was expelled for the misconduct which he pointed out. From this time he appears to have supported himself by begging, and he was well known at the various fairs and race-courses, which, however, he had previously been in the habit of frequenting in a similar character.

His sentence was eventually commuted to transportation for life, and he was sent from this country to Van Dieman's Land. A short residence in that colony ended his days. He died at Port Philip in the spring of the year 1834.

WILLIAM KENNEDY AND WILLIAM BROWN.

TRIED FOR A MURDER COMMITTED ON THE RIVER THAMES.

This unfortunate case produced a deep sensation throughout the metropolis, and for a considerable space of time tended, in a very material degree, to prevent persons attached to the exercise of rowing on the river Thames from pursuing their favourite sport. The circumstances of the death of the deceased are singular, and deserve to be related.

It appears, that Mr. William Wilkinson was the managing clerk to Messrs. Williams, Jacob, and Co., merchants, of Hare-court, Aldersgate-street, and at the time of his death had reached his twenty-fifth year. He was fond of the sports of the river, and frequently enjoyed the exercise of rowing, either alone or in company with a friend. On the evening of Tuesday the 17th of July, accompanied by a Mr. Smales, a stationer, of No. 36, Aldersgate-street, he proceeded to the yard of Mr. Hodges, near Blackfriars-bridge, and there hired a boat for the purpose of proceeding up the river. They had reached Vauxhall-bridge, when through the falling shades of night they saw two boats advancing upon them, and as they supposed dogging or following them. They did not immediately take any notice of the circumstance, but pulling on through the bridge they reached a spot near to the lock or opening of the Grosvenor Canal. They found that the boats were still in their vicinity, and were drawing nearer to them: and Mr. Wilkinson remarked, that he did not like their appearance. At this moment Mr. Smales drew his watch from his pocket to see what time it was, and he found that it was ten o'clock. Mr. Wilkinson suggested that they could pull on for ten minutes longer, and then return with the tide and take a glass of ale at the Spread Eagle tavern, a much frequented waterside house. While this conversation was going on, one of the boats which had been chasing them passed, and they had just taken their sculls in their hands to resume their progress, and had pulled a few strokes, when they found that they had come in contact with the boat. Mr. Wilkinson exclaimed, "We are foul of a boat here, let us shove her off," and proceeded to clear the funny in which he was from the other boat; but he found that his efforts were unavailing, and that, notwithstanding his exertions, the boat came alongside. There were two persons in it, and one of them, whose appearance was remarkable from his wearing a blue and white night-cap, made a snatch at the coats of Mr. Wilkinson and Mr. Smales, which were lying at the feet of the former in the funny. He was successful in reaching them and drawing them into his own boat, which was a light skiff, and he and his companion then directly shoved off and rowed away with all speed. Mr. Smales raised his scull and endeavoured to strike the leading offender in this impudent robbery; and at the same moment, Mr. Wilkinson sprung from his own boat and seized the gunwale of the receding skiff. The second boat at this moment was observed to be rowed away with great speed, and Mr. Smales' attention was directed to his friend, who, holding the antagonist boat, was immersed in the river. He saw that his hands were pushed away from their hold by the same man who had before been active in the robbery, and then the same man and his companion struck him repeatedly and violently over the head and hands with their sculls. Mr. Smales cried "Murder," at perceiving the imminent danger in which his friend was placed, and exerted himself to save him by throwing to him two of the sculls in his boat. His efforts were, however, futile, and he saw Mr. Wilkinson sink, apparently overpowered by the blows which he had received. The boat in which their assailants were now rowed away as quickly as possible, and the waiter and jack-in-the-water at the Spread Eagle, alarmed by the outcry, put off to the assistance of Mr. Smales. He acquainted them with what had passed, and urged them to endeavour to save his friend, but they were unable to render any effectual aid, and were compelled to give up their search after a useless attempt to recover the body of Mr. Wilkinson. Fresh assistance from the shore was procured, and drags were employed, but to no purpose.

Mr. Smales, on his proceeding on shore, at once gave information of what had occurred to two friends whom he accidentally met at the Spread Eagle, and accompanied by them he secured the co-operation of Mitchell, a surveyor of the Thames Police, in endeavouring to secure the originators of the attack upon him and his friend, and the death of the latter.

In the course of the ensuing morning, the skiff which had been used by their assailants was found at Nine Elms, Vauxhall (on the opposite shore to that on which the Spread Eagle is situated), and it was discovered to belong to Mr. Moore, a boat-owner, from whose yard it had been clandestinely taken on the previous night by two men named Kennedy and Brown. Mitchell was perfectly acquainted with the persons and the character of these individuals, and he hesitated not to believe that they were the men who had been guilty of this outrage. Proceeding in search of them he soon succeeded in apprehending them, together with three of their companions, named Kitley, Lyon, and Flack, who, like them, were of notoriously bad character, and were well known as river thieves. Evidence was not long wanting to connect Kennedy and Brown with the transaction. Independently of the knowledge of their having possessed themselves of Mr. Moore's boat, on the Tuesday evening, at about the time when Mr. Smales and Mr. Wilkinson must have been passing the yard where it was lying, and where, a moment before, they had been in conversation with an apprentice of Mr. Moore, named Shearing; it was ascertained that they had been seen walking together from Nine Elms towards Lambeth Butts, at about half past ten o'clock, on the night in question, and that on their arrival at a beer-shop, which they frequented there, their demeanour was confused, and entirely different from its usual character. On the following morning they were seen at the same house, in company with the other prisoners, Flack and Kitley, and they all appeared to be intently occupied in the destruction of some letters or papers, which had been produced by Kennedy. They had remained thus employed some time, when all but Kennedy went away. Isbester, a Thames Police officer, shortly afterwards made his appearance in search of them, but Kennedy seemed to be instinctively aware of his approach, and speedily vanished. Bean, the landlord, presently discovered that he was hidden in an adjoining empty house, and having driven him out he was immediately secured. The other prisoners were taken into custody in the course of the same day.

It was not until Thursday morning that the remains of Mr. Wilkinson were recovered from the river. They were then washed ashore opposite the very spot where they had sunk. They presented in themselves sufficient evidence of the violence which the unfortunate gentleman had suffered. The nose was broken, and the head, face, and hands, were severely bruised. At an inquest held on the body on the next evening, Friday the 20th of July, Mr. Davis, a surgeon, was examined, who had inspected the body of the deceased. He declared, that the injuries of themselves would have been sufficient to cause death, but he suggested that in all probability they had created insensibility, and that the deceased, having sunk, had been suffocated by drowning. The facts which have been already detailed were proved in evidence before the jury, and a verdict of "Wilful Murder" against Brown and Kennedy was returned; the latter being recognised by Mr. Smales as the man with the night-cap, who had been most active in the attack. The other prisoners were declared to be insufficiently connected with the affair to admit of their being included in the verdict which had been given; but the further investigation of the case was directed to be carried on by Captain Richbell, the magistrate at the Thames Police Office.

The subsequent inquiries of the police-officer tended to confirm the suspicions which were entertained with reference to Brown and Kennedy. The papers, the destruction of which it had been shown Kennedy was anxious to procure, had been only partially burned; and some fragments of them which were secured, were proved to bear the hand-writing of the deceased. The coats too of Mr. Smales and Mr. Wilkinson were afterwards discovered at the lodgings occupied by the two prisoners. The ends of justice, it was considered, rendered it fit that Kitley and Flack should be examined as witnesses, and their testimony afforded conclusive proof of the premeditated guilt of their late companions of the crime of robbery; but they asserted their belief that in determining to commit that offence, they had no intention to cause the death of the persons whom they attacked.

The prisoners Brown and Kennedy said that the statement of these new witnesses was quite true, and they admitted that they had put off in the boat from Mr. Moore's yard, intending to rob Mr. Wilkinson, but they affirmed that although on that gentleman's jumping to their boat, they had pushed his hands off to prevent his any longer clinging to the gunwale, they had struck him no blows with their oars, but that the wounds which he had been found to have received, had been caused first by his falling, when he jumped with his face on their boat's stern; and secondly, by the ill-directed attempts of Mr. Smales to throw to him the sculls, with which he might assist himself, in keeping his head above water.

The prisoners were then committed for trial; Lyons, against whom there appeared to be no evidence, being discharged, and the other men, Kitley and Flack, being bound over to give evidence.

The further and final investigation of the case, before Mr. Justice Patteson and a jury, took place at the Old Bailey, on Friday the 7th of September. The evidence having then been gone through, the prisoners put in a written statement, reiterating the defence which they had made before the magistrate. A verdict of "Guilty" followed, and sentence of death was immediately passed on the prisoners by the Recorder, and their execution was directed to take place on the following Monday.

In the course of the trial, however, circumstances had arisen which induced a belief on the minds of the jury, that there might be some doubts whether the intention of the prisoners might not have been that which they had pointed out, and whether in fact the blows received by the deceased might not have been unintentionally dealt by the hand of his friend, Mr. Smales. The evidence which was adduced, compelled them to return a verdict of "guilty," but immediately after the trial a petition was prepared and signed by them, in which they prayed that some further inquiry might take place, with a view to the commutation of the punishment, to which the prisoners had been sentenced. The learned judge was equally uncertain with them, whether, in truth, Mr. Smales might not unconsciously have struck Mr. Wilkinson, while he was in the water, and whether the prisoners' account of the transaction might not be true; and these doubts being increased by the production of an affidavit, which was placed in the hands of the sheriff, that the deceased was intoxicated at the time of the occurrence, (although this statement was contradicted by Mr. Smales), sufficient grounds were deemed to be made out for a respite being granted. While, however, this measure of leniency was accorded, it was distinctly intimated, that it was only under the peculiar circumstances of the case, that the Privy Council had taken upon itself to recommend the exercise of the royal prerogative of mercy. The crime of murder had no doubt been proved, but the remarkable nature of the transaction rendered it advisable that, while justice was impartially administered, its dictates should not be obeyed with harshness. The respite was communicated to the wretched convicts, on Sunday the 9th of September, when they expressed themselves deeply grateful for the lenient view which had been taken of their case. During their imprisonment they had conducted themselves in a manner to show their sincere penitence for the crimes which had marked their previous lives. They admitted their participation in many robberies on the river, and on its banks, for which they had frequently been apprehended, and acknowledged the wickedness of their career.

Their punishment was eventually commuted to transportation, to which they had confessed themselves liable.

WILLIAM JOHNSON.

EXECUTED FOR MURDER.

This is an instance of murder, in which the depravity of the human mind is painfully depicted. The victim of the foul deed was a young man named Benjamin Danby, the son of a respectable tradesman, a forensic wig maker, in the Temple. Young Danby, at an early age, expressed a passion for a maritime life, and he accordingly went to sea. After making several voyages, he returned and found that his father was dead, that the bulk of his property was settled on his sisters, but that an allowance of a guinea per week had been secured to him during his life. These circumstances made a deep impression upon the mind of the young man; but his allowance having been increased by his sisters to two guineas per week, he became more settled. Towards the close of the year 1832, he took up his residence at the house of his cousin, a Mr. Addington, a baker, living at Chase Side, Enfield Chase. His manners were remarkable for all that freedom and eccentricity for which persons in his situation are proverbial; and with his pockets well lined with cash, and possessed of a warm and generous disposition, he soon became a great favourite among the villagers. His acquaintance among them was extensive, and he not unfrequently enjoyed his cigar, and a game at dominoes, at the "Three Horse Shoes," a small public-house in the village. It was here that he met with his future murderers. His attachment to frolic, and his easy good-nature, had led him to form acquaintances among persons of low character, and of abandoned habits, in the neighbourhood; but he dearly paid the forfeit of his imprudence.

On Wednesday afternoon, the 19th of December, 1832, at about four o'clock, he quitted Mr. Addington's house for the last time. He took his gun with him, saying he was going shooting, but promised to return at ten o'clock; he was carried back on the next day a corpse. The unfortunate young man, it appears, having enjoyed his favourite pastime, repaired to the Three Horse Shoes, where he met some of his companions. Four persons, named William Johnson, the son of a gardener in the vicinity; Richard Wagstaff, a baker; Samuel Cooper, a carter, who was quite a lad, and the son of a labouring man; and Samuel Sleath, or Fare, a person who appeared to have no determined occupation, were seen in his company, and they were engaged playing at dominoes (as usual), and drinking together, apparently upon excellent terms. At about a quarter past ten o'clock young Danby declared that he must go home; but he had now become somewhat intoxicated, and on his reaching the open air, he was observed by Mrs. Perry, the landlady of the public-house, to stagger. Johnson and Fare said that they would see him home; but their manner induced a suspicion in the mind of Wagstaff that they were going to rob him: he therefore called to young Cooper to come away; but his answer was, that he had been with them all the evening, and that he meant to "go up there" with them now. Wagstaff then went away in a direction the contrary to that taken by Danby and the others.

On the following morning, at half-past five o'clock, a man named Wheeler, a labourer, was passing through a place called Holt White's-lane, about half-a-mile from the Three Horse Shoes, when he observed a dead body in the ditch. He called a man named Ashley to him, and they discovered that it was the body of young Danby. His legs were towards the road, and the head in the ditch, face downwards; and on their turning it over, it presented a horrible and ghastly spectacle. The face was cut and slashed in a most dreadful manner; the flesh was scored out, as it were, in five places; and the right whisker was completely cut away, and hung suspended to the jaw by a small piece of skin. In the throat of the murdered man they observed a deep stab, inflicted in the manner which would be practised by a butcher in killing a sheep, the knife having been turned in the wound. They at once communicated the particulars of this horrifying discovery to the police of the town, who lost no time in procuring the removal of the body to a neighbouring public-house, "The Old Sergeant," and in conveying the dreadful intelligence to Mr. Addington.

Inquiries were instantly set on foot, and the circumstances above detailed having been ascertained, Johnson, Fare, and Cooper were taken into custody. The first-named person was found sitting in his father's house, deep in thought. He instantly consented to accompany the officer. Fare was found in the village in the course of the day; and on his being searched, eleven shillings were found on him, although on the previous day his poverty had driven him to procure two shillings, parish relief; and Cooper was found driving a brewer's waggon within fifty yards of the spot where the murder was committed, having unconcernedly just passed a crowd assembled at the place, gazing in horror at the scene of the transaction to which he had been a party. At the moment of his being secured, he was listening with well-feigned astonishment at a recital of the dreadful discovery of the morning, although at that moment he had upon his head a cap, the inside of which was stained with the blood of the murdered man.