Chapter VIII: Part 8

On Sunday, the 27th of February, about two o'clock, two young gentlemen, scholars at Eton, the Hon. F. A. Cooper and Mr. Wood, were in the play-ground, when same words arose between them. From words they proceeded to blows; and they had fought for several minutes, when the captain came up and separated them. It was subsequently determined that they should meet on the following afternoon, and terminate their differences by a pugilistic contest. Many of the scholars were present to witness the battle; the combatants stripped at four o'clock on Monday afternoon, and commenced fighting. Mr. Cooper was under fifteen years, and his opponent, who was half a head taller, was near seventeen. Mr. Wood had the advantage in point of strength; but the quickness and precision of Mr. Cooper were remarkable for one so young, and he declared that he would never give in. In the eighth, ninth, and tenth rounds, he became weak and exhausted, and it was then evident he was not a match for Mr. Wood. Some of the "backers" had brought a quantity of brandy in bottles into the field; and the second of Mr. Cooper having, in the eleventh round, poured a portion of it down Mr. C.'s throat, he recovered his wind and strength. The young men continued fighting from four till nearly six o'clock; and when they were in a state of exhaustion, they were plied between the rounds with brandy. They fought about sixty rounds; and at the end of the last round, Mr. Cooper fell very heavily upon his head, and never spoke afterwards. He was carried off the ground to his lodgings, at the house of the Reverend Mr. Knapp, by his brothers, who were present at the fight. He was put to bed; but no medical assistance was sent for till four hours had elapsed: shortly afterwards he expired.

At two o'clock on Tuesday, a jury assembled to hold an inquest on the body. The jury and coroner proceeded to the house of the Reverend Mr. Knapp, and viewed the body. The temples, eyes, and upper part of the cheek-bones were very black, and there were other external marks of violence about the ribs, breast, &c. The following evidence as to the circumstances attending the battle was then taken:--

Christopher Teasdale.--"I am a student at Eton college; I knew the deceased--he was the son of Lord Shaftesbury; and I know his antagonist Mr. Wood, the son of Colonel Wood. I saw them set-to about the hour of four o'clock on Monday afternoon. I saw repeated blows, during the fight, given to Cooper, on different parts of the head: I remember, in one period of the fight, a severe blow being given on his temple; the deceased instantly fell, and lay on the ground about half a minute. There were loud shouts from Wood's party, in consequence of his being the best. It was a fair fight; I saw no unfair advantage taken. A young gentleman named Leith seconded the deceased; the fight lasted about an hour; the deceased's spirits were kept up in a most extraordinary manner by Leith giving him brandy in the eleventh and subsequent rounds. I remember that before the last round, Wood said he wanted to go to his tutor, Mr. Ottery, to attend his private business (studies), and he would make it up afterwards. Mr. Leith, the second, said, that as Wood wanted to go, he would appeal to the deceased's party, and hear what they had to say. The deceased's party exclaimed, 'We will have another round; we are in no hurry.' The parties fought another round, and the deceased at the conclusion fell from a severe blow; Wood fell heavily on him. After the round, Wood said, 'he must go, and he would make it up.' Leith advised it to be made up on the spot, and directly the proposition was made the deceased fell back senseless. Wood walked up to the deceased and lifted his head, but I did not hear him say anything."

Other witnesses proved that the deceased was taken home to Mr. Knapp's, where he remained for some time under the care of his brother, and that after the lapse of some hours surgical aid was procured. It was then too late, however, and he died. On his body been opened, it was he found that he had died from the rupture of the blood-vessels on the brain.

Upon the arraignment of the defendants they pleaded Not Guilty, and the witnesses for the prosecution did not answer. Mr. Justice Gasalee having ordered their recognizances to be estreated, a verdict of Not Guilty was returned, and the defendants left the bar attended by Lord Nugent, Colonel Brown, Sir John Dashwood King, and other persons of distinction.

WILLIAM PROBERT,

EXECUTED FOR HORSE-STEALING.

The reader will recognise in this criminal the participator with Hunt and Thurtell in the murder of Mr. Weare, and the witness who was examined on the trial of those offenders, who impeached his accomplices.

He was apprehended on the night of Friday the 18th of February, 1825, and conveyed to Bow-street office, on a charge of stealing a horse, the property of a man named Meredith, a miller, living near Ruarden in Gloucestershire. It appeared that the guilty wretch, after his discharge from Hertford jail, where he had been confined as an approver in order that his evidence might be secured at the trial of his companions in crime, wandered through the country without an object or a name, and followed by public execration. Reduced to the most abject state of misery, he at length found an asylum in the house of his aged mother at Ruarden. Meredith, the miller, was distantly related to him by marriage; and while paying him a visit, the unprincipled villain having seen and admired a mare which was in his possession, marked it for his own. Seizing a favourable opportunity, he carried the animal off with him to London, and there he disposed of her for 20_l._, having assumed a fictitious name. He was, however, traced by the miller, and at length on the 18th February was taken into custody.

For this offence he was put on his trial at the Old Bailey on the 7th of the following month of April, and the evidence for the prosecution, which was clear and conclusive, having been gone into, the prisoner read the following defence from a written paper:--

"My lord and gentlemen of the jury,--If I have this day pleaded not guilty to the indictment preferred against me, it is not that I wish by subtleties to evade, or screen myself from the verdict and sentence which my country may award against me, but that I may have an opportunity to say something in this court, to evince to the public, that whatever may have been the unhappy circumstances of the latter days of my life, I was not driven into my present crime from depravity of disposition, but from a species of fatal necessity, which had placed me far beyond the reach of all human assistance and charity. The appeal I now make is not with a view to lessen my past error that I unfortunately fell into, as there is a God on whom I alone rely for mercy; but I do beg of the jury to banish all former unfortunate circumstances from their minds. It cannot have escaped your notice, that immediately after and ever since my discharge from Hertford, the public animosity has been kept alive against me by the public press, which has reached every part of England. Wherever I went, even to the remotest village throughout the kingdom, I was spurned as an outcast of society; and the chief instrument which prevented my obtaining employment, or indeed effecting a reformation, was the public press, which has not slackened to follow me, and portray me to the world. As the victim of prejudice, I could scarcely move from one place to another without seeing myself noticed in the daily papers. Those of my former friends, who might otherwise have wished to continue their services towards me, shrunk back from an apprehension of public reprobation for being connected with one such as myself. Every door was shut against me, every hope of future support blasted. My country had spared my life, but individuals rendered that life of no value or utility to me. I was hunted down like a wild beast of the forest. With this desolation around me, and with these dreary prospects before me, I felt my fortitude forsaking me, and I knew not what course to pursue. Heaven and myself only know what I suffered. I was a prey to the most heart-rending care--I was a prey to a deep and intense feeling, the cause of which, I trust, it will not be necessary to refer to. I appeal to you, my lord and gentlemen, whether my situation was not most deplorable. Perhaps you will weigh in your own humane breasts the miseries which surrounded me, and what you would have done under similar circumstances. If you, gentlemen of the jury, should observe any features in my case deserving commiseration, then I trust you will express a sense of it to his lordship, and recommend me to mercy; and should you, my lord, concur in the same sentiments, then I humbly pray that your lordship will recommend me to the clemency of my gracious sovereign, as no former conviction appears on the record against me. On my way from the police-office to Newgate, my ears were stunned with the horrid yells of the populace, and my life threatened. Indeed, my lord and gentlemen of the jury, since the calamitous event that took place at Hertford, I have been a lost man, and at times on the eve of self-destruction. But the Almighty God has sustained me under my heaviest afflictions, and should his wisdom direct that my life is to be spared, the remainder of my days will be spent in atonement for past errors that I have fallen into. I hope I have not intruded too long upon your lordship's time. I felt it my duty to state to your lordship and the gentlemen of the jury, how miserable my life has been and the severe trials I have undergone since my discharge from Hertford: and likewise my innocent wife has suffered all privations, without comfort and without a friend to assist her, and even on the point of starvation, she having lately been brought to bed with an increase to the family, and no one to assist her in that trying moment or to render her any way comfortable; but, on the contrary, nothing but distress and trouble, and even at the present time destitute of friends and home. Such, gentlemen of the jury, has been and is now, the situation of my wife. Indeed, my lord and gentlemen of the jury, I have endeavoured to leave the country, and several times offered to work my passage over. But all my endeavours to accomplish my wishes have been unsuccessful. For the indulgence you have this day shown to me, by attending to the address I have now made, I feel greatly obliged; therefore, I cannot help reminding you, my lord and gentlemen of the jury, of the happiness I once possessed, and was ever ready to alleviate the distresses of my fellow-creatures, and to contribute to the support of charitable institutions. I hope I am more the object of commiseration than that of severe censure. I am aware, my lord and gentlemen of the jury, the whole country is against me; but that, I trust, will not bias your minds; as a trial by jurymen of my country does credit to the wise laws of the realm, and does not less reflect the same sensible feelings on my own mind. I therefore trust, if there should be any marks favourable in my case, you will give me the benefit."

He read the address with great composure, but in a low tone of voice. The judge having charged the jury, a verdict of Guilty was instantly returned.

On the 13th of the same month the prisoner was brought up to receive sentence, when he protested his innocence (so far as guilty intention went), stated that he was driven to the commission of the offence for which he was about to receive judgment by the greatest distress, and alluded in a feeling manner to the misery in which his wife and children were placed. The recorder, after observing that these topics should be reserved for another place, proceeded to pass the fatal sentence.

The convict continued in prison till the 14th of June, before the recorder's report was made to the king; and during this long period he had indulged the most sanguine hopes that his life would be spared. On being informed that he was ordered for execution on the following Monday, he felt satisfied, he said, that the public voice was in his favour, and that every one was surprised at the decision of the privy council. When told by a gentleman, who visited him, that he sustained his fate with less fortitude than any of his companions in affliction, (eight being left for execution out of thirty-seven reported,) he replied that that was not to be wondered at, for they were conscious of their guilt, and knew they could have supported themselves by other means than theft; but that he was absolutely impelled by dire necessity to commit the act for which he was about to suffer death--he must have done it or starved. He solemnly declared that he was completely ignorant of any circumstances connected with the murder of Weare, until after it had been effected, and that the confession of Hunt was in many of its points utterly false, particularly those which related to his (Probert's) wife. It was thought that he could have made some disclosure relative to some persons who were said to have been missing a short time before Weare's murder; but in justice to the memory of the wretched man, it must be stated that there are no grounds for believing him to have been concerned in any transaction of a murderous nature, but that in which his own evidence at Hertford proves him to have been implicated.

When he ascended the platform on the fatal morning, the 20th of June, 1825, his limbs were completely palsied, and his agitation dreadful. After the noose was tied, he moved as far as he was able, and turning himself, raised his hands in quick and tremulous motion, and so continued till the ordinary had taken his final leave, and the falling of the platform closed the scene.

His fellow-sufferers were two men, named Sargeant and Harper, for the same offence of horse-stealing, and another, named Smith, for burglary. The four others who were at the same time ordered for execution met their fate on the Monday following.

On this occasion the concourse of spectators was immense, the windows opposite being crowded as early as three o'clock in the morning, and chiefly with females.

CHARLES LYNN.

TRIED FOR MURDER.

The following are the circumstances attending a murder committed at Whaddon Chase, Buckinghamshire, in the month of January 1825, which at the time of its perpetration attracted a considerable portion of the public attention.

The information which was first published of this remarkable case, was that on the evening of Wednesday, the 5th of January, two young men took outside places by the Express coach, from London for Brick-hill, which is situated about nine miles from Stoney Stratford; and that having arrived at that place, they slept at the White Lion Inn, and on the following morning walked on towards Fenny Stratford, one of them carrying a gun in a green baize bag, while the other had a box on his shoulder. On their being overtaken by the Eclipse coach, they mounted it, and rode as far as Whaddon Chase, where they both suddenly jumped down, and one of them, carrying the gun, ran into the Chase, which is a wild, unfrequented spot, intersected by many roads, whither the other followed him. In a short time after, a labouring man named Meechan, who was employed in mending a hedge, heard a sound which appeared to him like a cry of murder. He listened, and distinctly heard the cry repeated in the direction of a place called Snell's Copse; and on his looking towards that spot, he saw two men whom he had before observed walking in the neighbourhood, one of them with an upraised gun, with which he suddenly felled his companion to the ground. The stock of the gun appeared to be broken by the blow, and then he saw the same person repeatedly strike the fallen man with the barrel. He was so alarmed as to be unable to render any assistance to repel the murderous attack; and he presently saw the man who, as he supposed, had killed his companion, change his coat, which was a blue body-coat, for a fustian shooting-jacket, and walk away. He felt totally unable to follow him; but as soon as his alarm had in some degree subsided, he ran to his master's house, which was situated about two hundred yards off, and gave information of what he had seen. Mr. Clarke, his employer, and his three sons, instantly accompanied him in pursuit of the murderer; and after an unavailing search of nearly two hours' duration, they at length saw him emerge from a thick copse, when they instantly seized and secured him. They conveyed him to the Haunch of Venison public-house at Whaddon, where he underwent an examination before Mr. Lowndes, Mr. Smith, and Major Mansel, magistrates of the county, to whom he stated that his name was Charles Lynn, and that that of his late companion was Abraham Hogg. A coroner's inquest was held on the body of the deceased on the following day; and then it appeared that the prisoner was the son of a respectable woman residing at No. 4, Morehall-place, Vauxhall, where she kept a confectioner's shop, and that he, as well as the deceased, had been employed in the vinegar manufactory of Sir Robert Burnett, at Vauxhall, as coopers. Since his apprehension he had conducted himself in a most violent and extraordinary manner. He had repeatedly attempted to destroy himself by dashing his head against the walls and furniture of the room in which he was confined; and on his being informed that his late companion was dead, he answered, "I am glad of it, for he should not have had any of the money." He afterwards attempted to kill himself by drinking boiling water from a tea-kettle, and was only prevented from attaining his horrid purpose by the vigilance of the constables in whose charge he had been placed. He then begged to be permitted to write a letter to his mother; but having written "Dear mother, I have committed murder," he appeared dreadfully agitated, threw down the pen, and exclaiming, "O that I could kill myself!" attempted to strangle himself with his neckcloth. He was now handcuffed, in order to prevent his making any fresh attempt; but in spite of the utmost exertions of the officers, he obtained possession of the snuffers, with which he tried to stab himself in the throat; and having been disappointed in this project, he swallowed two half-crowns, hoping to choke himself. The evidence which was taken before the coroner went to prove the circumstances which we have stated; and witnesses having also deposed as to the finding of the body, and to the injuries which appeared to have been inflicted, and which were obviously the cause of death, a verdict of "Wilful murder against Charles Lynn" was returned.

The prisoner was then removed to Aylesbury jail, but not until he had made repeated new attempts to destroy his own life. He viewed the body of his murdered victim without the smallest degree of agitation or excitement; and on his arrival in the prison, he dictated a letter to King, the jailer, for his mother. He was subsequently visited by Mr. Ashfield, the chaplain of the jail, by whom he was brought to a proper sense of his situation. His mother, sister, and a clerk in Sir R. Burnett's establishment, subsequently reached Aylesbury jail from London, and at the entreaty of the first named individual, the wretched prisoner made the following singular statement as to his inducement to commit the horrid crime of which he had been guilty. He said, "I and Abraham went to the Saracen's Head, Snowhill, and got upon the Liverpool coach: I saw two men in deep conversation with him, and two gentlemen were on the coach; the two men who spoke with Abraham I knew to be resurrection-men; and I was convinced that Abraham was agreeing to sell my body to them for the surgeons, two of whom were on the coach. Just before the coach started, one of the resurrection-men, who was dressed like a sailor, got a bottle of gin, and on the road they wanted me to drink two glasses for their one. The men afterwards threw the bottle away, but purchased another on the road. I and Abraham got down at the White Lion, Brick-hill, and the landlord and others were talking about robberies and murders: I did not like the conversation, and I went and slept at the public-house opposite. On the following morning I went to the White Lion, and the landlord said to me,--'It's lucky for you that you were not up sooner, or your body would have been half way to London by this time.' I got on another coach with Abraham, and passing by a common, I jumped down and ran away; Abraham followed with my gun. When I got near a wood I heard the sound of horns and trumpets, and I thought the resurrection-men were after me, and that Abraham intended to kill me, and I am sure if I had not killed him he would have killed me." This remarkable statement was reduced to writing, and was produced at the trial of the unfortunate prisoner, which took place at Aylesbury, on Tuesday, the 8th of March, in the same year.

The evidence, which was then adduced, was precisely similar in its details to that which we have stated in substance; and the prisoner in his defence addressed the jury in an unconnected strain, repeating his belief that an intention existed to murder him. Witnesses were then called, who swore that they believed that the prisoner was insane, and the jury returned a verdict, finding the prisoner guilty of killing the deceased, but declared that he was of unsound intellect at the time.

The prisoner was thereupon ordered to be detained during His Majesty's pleasure, and was subsequently confined in an asylum for lunatics.

It appears that the prisoner had been employed by Sir Robert Burnett from a very early age, and that he was always considered there to bear an excellent character. Hogg was also engaged in the same establishment, and was a constant companion of the young man, by whom he was eventually killed. A considerable degree of suspicion was excited against them on the discovery of the murder, in consequence of the sudden disappearance of one Mangan, alias "Long Dan," who was their fellow workman, and who having been seen last with Lynn, on Sunday the 2nd of January, at Manor-place, Walworth, had become suddenly missing. Every inquiry was made for him, and at length Lynn was questioned upon the subject, but he most solemnly declared his ignorance of the cause of his quitting his friends, as well as of his hiding-place; but the observation which he had made, that "Hogg should not have any of the money," for a considerable time favoured the suspicions which were entertained. At length, however, Mangan came forward, and stated that he had enlisted in the East India Company's service, for a reason which he refused to disclose; and Lynn's statement explained the meaning of the expression which he had used. The reason for Hogg and Lynn quitting their work, and going out of town by the Liverpool coach, however, yet remains concealed.

JAMES EVANS.

TRIED FOR THE MURDER OF THOMAS PRICE.

The scene of the mysterious death of Mr. Thomas Price was Manchester, where he carried on an extensive business, as a fustian manufacturer; the accused James Evans being in his employment, as warehouseman.

It would appear that on Friday, the 3rd February 1826, at about noon-time, the attention of some persons passing through Marsden-square, Manchester, was attracted to the premises occupied by Mr. Price, in consequence of its being discovered that smoke was issuing in considerable quantities from the window of a room on the first floor, occupied as a counting-house. The greater part of the men employed on the premises were at this time absent, it being their dinner hour; but the alarm being spread some assistance was obtained, and several persons, having procured admittance to the house, attempted to force their way to the point at which the fire was burning. Their efforts were rendered for a considerable time unavailing, in consequence of the density of the smoke; but the windows on the stairs having been opened, the air became gradually cleared, and at length the door of the counting-house was reached. Upon it being pushed open, it was found that a number of pieces of fustian had fallen against it inside, and then through the dense clouds of vapour, in which the apartment was enveloped, the indistinct outline of burning goods was perceived. It was some time before any person could venture to explore the room, but the engines having arrived, any fire that existed was extinguished, and the vapour was by degrees dispelled. By this time, a report had become prevalent that Mr. Price had perished in the flames, and several persons, in consequence, now proceeded to ascertain how far it was justified. They had not searched long, before they found that the suggestion of the death of Mr. Price was well founded; although there was reason to believe, that it had been caused by other means than those of burning or suffocation. The removal of a half-consumed piece of fustian exposed the body of the unfortunate gentleman to view, his clothes being burnt, and his person blackened and scorched. He was quite dead, his head resting upon a piece of fustian, and his left arm being raised as if to ward off a blow. On his body being removed, appearances were perceived which induced a belief that he had been murdered, and that his premises had been set on fire to conceal the bloody deed. It was found that he had received a dreadful fracture on the left side of the skull, through which the brain protruded; and in the immediate vicinity of the spot where he lay, several small portions of the brain were observable, as if they had flown from his head, on his receiving the blow, by which injury was inflicted. A most minute examination of the room took place, but all search for the weapon with which the wound was given proved ineffectual. A supposition was raised that the deceased might have put an end to his existence by shooting himself, and that the wadding might have set fire to the goods, but the impossibility of such a circumstance became apparent. Mr. Price was a man of cheerful disposition, and unlikely therefore to commit suicide; besides which no pistol was found, and the wound was discovered to be of a nature which could not have been caused by a shot. The only remaining solution of the mystery therefore was, that which had been first suggested, that the unfortunate man had been murdered, however improbable it might appear that such a deed would be committed at noonday, in a building, in which there must have been other persons at the time, and which was situated in one of the most crowded places of public business.

At the coroner's inquest, which was held on the next day on the body of the deceased gentleman, Mr. Gresswell, a surgeon, gave evidence as to the cause of death of the deceased. He stated that there were two severe wounds on the head, one on the left side, and one on the right side, and that they appeared to have been given with some blunt instrument. This gentleman was of opinion, that it was possible that the wounds might have been produced by a blow from one of the axes carried by the firemen, on their proceeding to search the room and that they might have been given as well after as before death: but Mr. Jordan, another medical man, was of a contrary opinion, and thought that they had been given before death, and that a hammer was the instrument with which they had been inflicted. The other evidence which was adduced, and by which it was sought to implicate Evans, was that he was last seen with the deceased, at about one o'clock; and that at the time of the fire being discovered he exhibited the utmost apathy. It was proved also, that the deceased had purchased a hammer, a day or two before his death, which could not now be found; and that on the collar, neck-handkerchief, and shirt of the prisoner marks of blood were found, for the existence of which he did not attempt to account. A coat belonging to him, which was found in the counting-house, was also discovered to be similarly stained; and it was besides proved, that no axes were used by the firemen, on their being called to Mr. Price's premises, a fact which negatived the suggestion thrown out by Mr. Gresswell, and upon this evidence the jury returned a verdict of wilful murder against James Evans.

The prisoner was firm in his protestations of innocence, but he was immediately committed for trial to Lancaster Castle. The case subsequently excited a great degree of interest; and the most anxious curiosity was exhibited by the public to procure admittance to the court during the trial. The trial came on at the ensuing assizes at Lancaster, held in the month of March, when a verdict of Not Guilty was returned, and the prisoner was discharged out of custody.

The prisoner appears to have been respectably connected in Manchester, but we are unable to give any minute history of his life. The real circumstances attending the death of Mr. Price have since continued, and doubtless ever will remain, a mystery.

SAMUEL GILBERT.

INDICTED FOR ROBBERY.

The case of this detestable villain is extraordinary in many respects, but particularly on account of the determined and effectual resistance offered by a young woman to the savage attacks of the prisoner, whose original intention was to violate her person, an object which he subsequently changed to that of robbery. The circumstances of the case as they were detailed by the prosecutrix, whose name is Charlotte Smith, exhibit a wonderful degree of perseverance on the part of the prisoner to secure his desires, and on the part of the young woman in resisting his foul attempt.

The case came on at the Taunton assizes, held on the 30th of March 1826, when the prisoner was indicted in the usual form for a robbery. It appeared that the prosecutrix was twenty-three years of age, and was the daughter of a decent clothier, living at about a mile out of Frome, and that the prisoner was a labourer, aged eighteen years, residing at no great distance from the same place, but that they were unacquainted with each other. On the second day of the fair at Frome (26th November 1825), the prosecutrix accompanied one of her brothers to that place, in search of some other relations. They went into the Castle, public-house, and there found the persons whom they sought with the prisoner. They remained a short time, and then the prosecutrix got up to go home alone. She had not gone far before the prisoner came up with her, and addressed some conversation to her in a civil manner, and he accompanied her home to her father's house. They sat there together for a short time, her younger brother only being present, and then the prisoner asked her to return to the fair. She consented, and they walked together arm-in-arm, and while at the fair, he invited her to accompany him to the house of his aunt at Coal-ash-walk. She at first refused, but was subsequently induced to consent to his proposal, on his assuring her that he would see her safe home again. They proceeded on their walk together, but they had not gone far beyond the termination of the houses of the town, when the prisoner took her by the shoulders, and threw her down, accompanying this action with a very improper expression. She demanded to know whether he knew who she was, and he answered, "Yes;--Mr. Smith's daughter, and if you don't submit I'll murder you." Her answer was, that "she would die first;" and he then proceeded to take liberties. She screamed out, on which he thrust his fist into her mouth, and grasped her throat until he had almost choked her; but being convinced of the baseness of his intentions, she resisted him for three quarters of an hour, during which she still lay on the ground. At this period a man approached them, and having disengaged herself for a moment from the prisoner's grasp, she screamed for help. The man said, "Why, you murderous villain, you have got a woman there; are you going to kill her?" upon which the prisoner jumped up, and threatened to murder him if he did not go away. The prosecutrix now got up, but the prisoner threw her down again, and, in the presence of the man, continued his brutal liberties. The latter endeavoured to force him away, on which the prisoner flew at him with his fists. The girl ran to the man for protection, but he pushed her away from him, and then, thinking he would afford her no assistance she ran off as fast as she could. She had gone more than a mile, but in her alarm towards Warminster, instead of Frome, when the prisoner overtook her. He said that she was going wrong, but she thought the contrary, and said so, and then he repeated his determination to do what he pleased with her, saying, that if she did not give up, he would throw her into the river. She, however, again resisted him, and he took her towards the river in his arms. When they reached the bank, she cried for mercy, and he put her down, but immediately dragged her up a lane, and threw her over a gate. He there pulled her through some brambles, and into a ditch of mire, and swore what he would do to her. Having detained the wretched girl here for upwards of three hours, during which he beat her in an unmanly and brutal manner, she at length found herself becoming insensible, and taking some of the blood from her mouth, she showed it to him, and asked him how he could have the heart to do it. He said that he would be d--d if he cared, and that he would murder her if she did not give up. She said that she had a shilling in her pocket, and that she would give it to him if he would let her go, to which he replied that he would be d--d if he would not have it then, and without waiting for her to get it, he tore off her pocket, jumped upon her, and tore off her clothes. He dragged off her gown first, and then her under clothes, and there was no shape of clothes left. He then continued his barbarous treatment to her, by forcing her head under water, and keeping it there until she was nearly drowned; and while she was so defenceless, he took away one of her ear-rings. On her raising her head, she heard a dog bark, and she exclaimed, to intimidate him, "The Lord be praised, here's my father!" and he then ran off. She followed in the same direction, because she did not know her way home, and at length, at three in the morning, she reached her father's house in a pitiable plight. In consequence of the injuries which she received, she remained bedridden during three weeks; and it was much longer before she recovered her health.

This detail of the frightful barbarity employed towards her by the prisoner produced a strong impression in court, and a verdict of Guilty was returned by the jury.

The prisoner subsequently escaped the capital punishment, which he richly deserved for this offence on a point of form, but upon being indicted for the assault with intent to commit a rape, he was again found Guilty and sentenced to two years' imprisonment.

ALEXANDER AND MICHAEL M'KEAND.

EXECUTED FOR MURDER.

Few cases have occurred, in which more deliberate and cold-blooded cruelty has been exhibited by the murderers, than in that which we are now about to detail, and for their participation in which these unhappy malefactors underwent the dreadful sentence of the law.

The victim of their crime was a defenceless and unoffending servant, named Elizabeth Bates, and the circumstances under which they deprived her of life are as follows:--

On the evening of Monday, the 22nd of May 1826, Alexander M'Keand entered the Jolly Carters, public-house, which was situated at Winton, near Worsley, in Lancashire, and was kept by a person named Joseph Blears; and being known to Mrs. Blears, the landlady, took a seat in the bar, and called for a glass of ale. Having been served, he placed it before him, but he drank none of it for half an hour, at the expiration of which time his brother Michael entered, and sat opposite to him. They appeared from their manner to be strangers to each other, and Michael was unknown to Mrs. Blears. The new-comer, almost immediately on his entry, called for some bread and cheese and ale; and then his brother Alexander also had some bread and cheese. For a time they sat together, but did not appear to be in conversation; but then Mrs. Blears having quitted the bar for a moment, on her return she found that they had shifted their seats to a sofa, and that they were closely engaged in whispering to each other. Her suspicions were alarmed, but she made no remark; and then Michael asked where her husband was. She answered, that he had gone to Manchester; and, in reply to a further inquiry, said that he would be back at about eight o'clock. They remained until his return, and then Michael invited him to drink. He at first declined, but on the man pressing him, he drank a glass of whiskey, and subsequently a second. The two M'Keands also drank whiskey, and then they called for some cider, and entered into conversation. In the mean time Blears, who had doubtless been hocussed, became quite overcome with the liquor he had drunk and lay down on the sofa, where he went to sleep. After about half an hour spent in whispering together, Michael inquired of Mrs. Blears, whether he could have a bed, as it was too late then to go to Manchester, and she answered, that he and his companion were welcome to the accommodation which her house afforded. They made some observations in reference to her husband being intoxicated, and then they desired to be conducted to their rooms. Betty Bates, the servant, was called to bring a candle, and she accompanied them up stairs. The circumstances immediately attending the murder of this poor girl were learned from a boy named Higgins, fourteen years of age, who was permitted, from motives of humanity, to live in Blears' house, and who slept in the room in which the bed intended for the two M'Keands was placed. It would appear that on their reaching the top of the stairs, the two men separated; and while Alexander went on with the servant, the other returned down stairs. The former was conducted to the room where Higgins was sleeping; and the boy, being awoke by the noise, looked from under the bed-clothes, and saw the man put his arm round the girl's waist. She resisted, and said, "Be quiet!" upon which, with great force, he threw her back on the floor, and did something which the boy could not see. The girl cried "Murder!" and succeeded in rising; but the fellow threw her back again, and then again did something under her ear, with his right-hand, in consequence of which, as it appeared to the boy, blood flowed over her bosom. The woman struggled very much, and cried out that she would mark him; but the boy being dreadfully alarmed, looked to see no more, but concealed his head beneath the bed-clothes. The murderer was doubtless disturbed by the movement of the boy, and directly approached the bed in which he lay, pressed his hand upon his mouth, as if intending to despatch him also. The servant at this moment, however, managed to rise, and stagger towards the door, and the villain instantly quitted the boy, and went in pursuit of her. Higgins at this moment, taking advantage of the diversion of the man's attention, succeeded in passing him, and jumped over the banisters, but in his doing so, the man grasped at his shoulder. He, however, escaped and ran out of the house, and hiding himself in a ditch, was not further pursued.

In the mean time the second villain had attacked Mrs. Blears. The latter, it appears, hearing the cries of the servant from the upper room, was on the point of rushing up stairs to ascertain the cause, when Andrew M'Keand seized her, and made a cut at her throat with a knife, which she saw him produce from beneath his coat. The wound was not serious, but she attempted to cry out, and then he took her by the throat, and drove the knife in under her left ear. He attempted to withdraw it, but could not; and having pulled several times, the handle at length came away, and he ran off, leaving the blade still remaining in the wound. Blears during the whole of this time had remained asleep on the sofa, suffering from the effects of the narcotic with which he had been plied; but now, awoke by the outcry, he started up, and found his wife wounded as we have described. The alarm was given to the neighbours, and the boy Higgins having returned, the body of the girl Betty was found lying on the landing, outside the bed-room door. Several persons attempted to pull the knife from the wound in Mrs. Blears' neck, but unsuccessfully; and Mr. Garthside, a surgeon, having been called in, he at length succeeded in extracting it. It was a whittle knife, and was sharp-pointed;

_P. 110. Vol. 2._]

and upon subsequent inquiry, it turned out that one of the murderers had obtained it on the morning of the murder, and had sharpened it on the hearth-stone of a Mrs. Stewart, living near Blears' house.

Notwithstanding the immediate alarm given of this diabolical murder, the villains, for the time, succeeded in escaping detection; but their persons being known, it was not long before they were secured and brought to justice.

The particulars of their apprehension are rather curious. It appears, that a butcher residing at Kirkby-Steven, having got up about five in the morning, saw passing his house, two strangers, who appeared to have walked a great distance, as they were evidently fatigued and foot-sore; and on that account he took more notice of their persons than he would otherwise have done. About two hours afterwards he went to a barber's shop, and whilst he was there, the constable of Kirkby-Steven came in with a hand-bill which had been sent from Worsley, containing a description of the persons of the M'Keands, which he read to the people in the barber's shop. On hearing it, the butcher immediately said, that it corresponded exactly with the men he had seen passing his house some time before; and as those persons appeared to have come a long way, he had no doubt they were the men. Some conversation ensued about following them; and at length the constable, and a publican named Farraday, a very stout and resolute man, set out on horseback in pursuit of them, about three hours after they had passed the butcher's shop. Monday being the market-day at Kirkby-Steven, a number of people were coming towards the town, and from them the constable and his companion learnt that the objects of their pursuit were before them, on the road to Appleby. After they had gone some miles, the horse which the publican rode became unable to proceed, and he exchanged horses with the constable, who did not appear quite so anxious to come in contact with the men. The publican, however, pushed on, and when he got within about three miles of Appleby, saw them before him on the road; Alexander, the taller, walking first, and Michael about fifty yards behind him. After scrutinising their persons a little, and satisfying himself that they answered the description in the hand-bill, he rode forward to the next public-house, which was a short distance, where he dismounted, and waited the coming of Alexander, whom he immediately accosted, "You seem to have walked a long way, sir. Will you take a glass of ale?" Alexander unsuspectingly accepted the invitation, and walked into the house, followed by Farraday, who immediately seized him, saying, "You are my prisoner;" and at the same time he was laid hold of by two men who were in attendance. Farraday then went to the door to apprehend Michael, who was outside, when Alexander having recovered from the momentary surprise which at first overpowered him, broke loose by a desperate effort from the two men, and came rushing from the house. Farraday, on hearing the two men in the house call out, "He is off," immediately turned round, when he met Alexander coming out of the door, and instantly felled him to the ground with a blow of his fist; and fortunate it was for himself, that he was so prompt and decisive; for Alexander had, at that time, a loaded pistol in his pocket; and there is little doubt that he would have used it if he had had an opportunity. As soon as he was secured a second time, and again handed over to the men, with an injunction to be more careful of him, the publican again went out, to wait for Michael, who came up immediately. With him, the publican did not make use of any stratagem, but seized him at once by the collar. Michael raised a stick which he carried, as if for the purpose of striking him; but before he could execute his purpose, Farraday tripped up his heels, and threw him upon the ground. A violent struggle then ensued, in which Michael repeatedly kicked Farraday, and bit him severely upon the hand. He was, however, finally overpowered, and being forced into the house, the two brothers were tied together with a rope, and a chaise being sent for, they were conveyed to Appleby.

The prisoners having been subsequently examined in the presence of Blears, appeared to be greatly dejected and agitated, and they were eventually committed to Lancaster Castle for trial.

It was not until the 17th August that they took their trial, and then the facts which we have detailed having been stated in evidence, a verdict of Guilty was returned. The defence set up was that the prisoners were intoxicated, and that they never contemplated the commission of murder; but the plea was unavailing, and sentence of death was immediately passed.

During Friday night and Saturday morning after the trial, the Reverend R. Rowley, the chaplain of the Castle, visited them, and found Michael much altered in appearance. He persisted in his statement, that he was not the man who stabbed Mrs. Blears, and declared that he knew nothing of his brother's murderous intention until all was over. He requested pens, ink, and paper, and wrote several letters to females of his acquaintance, and during the forenoon he had interviews with two women. After this the Reverend Divine exhorted him to prayer, but he seemed reckless, and declared again that he was perfectly innocent, and ought not to suffer, insinuating that his brother had alone perpetrated the foul crime. In consequence of this some inquiries were made, and Mrs. Blears was again questioned as to the identity of Michael; but she persisted in declaring that he was the man that she met on the stairs (while running to the assistance of the murdered woman), and that his was the hand that wounded her.

Alexander M'Keand had long since prepared himself for the worst, and had fixed his attention entirely upon religious exercises. Upon being informed of the statements of his unhappy brother, he exclaimed, "Oh, God, forgive him! he is guilty, and well he knows it; it was he who stabbed Mrs. Blears below stairs, while I murdered the woman above in the room, for which I hope God will forgive me--I was drunk when I did it." He declined stating anything as to his motives, and it was judged prudent not to disturb him by further questions. The wretched man appeared to possess much determination and firmness of nerve, and throughout the whole of the last awful scene was calm and penitent. He declined seeing any person, and expressed a wish not to be disturbed by any visitor whatsoever; and begged the reverend chaplain to have it made known that it was his first crime, as it had been circulated that he had been concerned in a murder and robberies before. On Sunday the unhappy brothers met in the chapel for the first time since their condemnation, but Michael averted his head, and seemed desirous of avoiding any conversation or notice of Alexander. They were placed in a pew by themselves.

At six o'clock on Monday morning the criminals were led to the chapel, and received the sacrament, and remained at prayer for above an hour. Alexander exclaimed, "Oh, God, have mercy on me," almost incessantly. Michael was quite sullen, and seemed scarcely able to stand or walk. A few minutes after seven o'clock, they were pinioned, and the under sheriff and his officers entered the chapel and demanded the culprits. Mr. Thomas Higgins, the governor, caused the M'Keands to advance to the chapel door, and withdrew a few paces; the procession then moved from the chapel to the place of execution, at the exterior of the north-western part of the castle. Michael walked with a hesitating step, and appeared dreadfully dismayed. Alexander was more collected, and his lips appeared as if moving in silent prayer.

At half-past seven o'clock precisely, a window which opens on hinges as a door, and which led immediately to the scaffold, opened, and the moment of expiation had arrived--no bell tolled, nor was there any other funeral rite to mark the approach of the murderers' death; all was conducted with imposing silence, and not a murmur of pity appeared to escape from the crowd. Everything being arranged, the caps were drawn over the culprits eyes; the chaplain read a part of the burial-service, the drop fell, and the wretched men were launched into eternity. After their bodies had hung the usual time, they were cut down and delivered over to the surgeons for dissection.

It would appear that these unfortunate brothers were born of poor parents, and that they pursued the occupation of hawkers as affording a means of procuring a living. Alexander was a hawker of tea, and was well known in the neighbourhood of the place where the murder was committed. His brother's district lay in another part of the county. Their mother and sister lived at Byrom-place, Winton, and received a communication from the culprits on the morning of the murder, through the medium of a Mrs. Stewart, with whom they were all acquainted, informing them that they were quite safe and had secured their escape, and accounting for the murder by declaring that they had only acted in their own defence, and that they had been attacked by Blears, the landlord.

A circumstance occurred about a week before the murder which may, perhaps, throw some light upon the motives which dictated it. An action had been brought against Alexander M'Keand some time before, for a debt due to a man named Claworth, a farmer, residing near Eccles; in consequence of which, he called upon the attorney who had brought it, and offered to pay the debt if it could be proved to be due. The attorney told him, that if he would call upon him on Saturday, he would produce a witness who would prove the debt. He did call; and they produced Blears, who distinctly stated that he had heard Alexander admit that he owed the money. Alexander denied that he had made any such admission, and, as we are informed, uttered some violent and threatening language towards Blears.