MICHAEL M‘ILVENA.
EXECUTED FOR UNLAWFULLY PERFORMING THE MARRIAGE CEREMONY.
THIS villain was a native of Ireland; and in his migrations through the northern part of that kingdom, personated, successively, the characters of a Catholic priest, a Protestant minister, and a lawyer. The last place we find him in was the village of Ballinahinch, where he went under the appellation of The Counsellor. While here he became acquainted with a man of the name of Christopher Jennings, with whom he conspired to debauch a young girl, named Mary Hair.
This unsuspecting creature was only seventeen years of age, and had been a servant for a year and a half with a Mr. Knox of Drumanockan, near Dromore, and having spent the Christmas of 1812 with her parents, she was on her way back to her place, when she met her acquaintance Jennings on the road. He conducted her to a public-house to treat her, and there, as he had done before, made proposals of marriage to her. The poor girl had before looked upon him with a favouring eye, and she took him at his word, saying, that if he could find a priest, she would marry him at once. They in consequence went together to Ballinahinch, and Jennings took his bride into a public-house where M‘Ilvena was sitting, and introduced him to her as the minister, who was to marry them. A little coyness was exhibited, and some mistrust was shown by the girl at her being married in a public-house; but her scruples having been overcome, the marriage was directed to be begun.
M‘Ilvena, with assumed sanctity, pulled out his book, and went through what Mary thought were the proper forms, joining their hands, and interrogating the parties in the usual manner. After the ceremony, the poor girl asked for a certificate. This was at first refused; but as she insisted on it, the supposed parson took pen and ink, and wrote the following:—
“These are to certify, that Mary Hair is this day joined in marriage to Christopher Jennings, of Drumara. As given under my hand, this 26th December, 1812.—W. M‘I.”
This scrawl contented the deluded girl; and the parson then intimated that he was always paid for such duties. Mary gave him ten tenpennies; but he threw them down with an indignant air, exclaiming, “Am I to be college-bred and learned, and not receive my just dues?” But no more money was forthcoming, and the parson was obliged to put up with what he had got, contenting himself with wetting the bargain with a jug of punch. The unfortunate girl was then conducted to the house of an old woman named M‘Kee, where her husband was admitted to all the marital rights; and on the next morning she was bid by him to give notice of the event to her master and mistress, and he undertook to break the business to her father and mother. The poor girl was parting from him with reluctance for this purpose, when he told her unblushingly that she was not his wife, and that she was deceived.
The unhappy girl was immediately awakened to all the misery of her situation; and she ran, in a state of distraction, to her parents, to whom she related all that had occurred. The necessary proceedings were immediately taken, and the counsellor and Jennings were committed to prison. At the summer assizes for Downpatrick, August the 17th, 1813, they were brought up for trial. M‘Ilvena was first indicted; and Mary Hair having deposed to the foregoing facts, she was cross-examined, with a view to affect her testimony, by endeavouring to make her acknowledge a former connexion with Jennings; a fact, however, which she indignantly denied.
M‘Ilvena, in his defence, produced Jennings, who swore, first, that he had an intimate knowledge of the prosecutrix long before the time mentioned in the indictment; next, that she never represented herself as his wife; and that M‘Ilvena never pretended to join their hands together, or otherwise unite them in marriage.
Jennings, having given his evidence, was ordered back into the dock from whence he had come, and M‘Ilvena was found guilty; after which he was called on, in the usual form, to say why sentence of death should not be passed on him. He appeared quite unmoved, and said he was not guilty of the crime imputed to him. The judge then proceeded to pass sentence on him; which he did in a very impressive manner, though frequently interrupted by exclamations of innocence from the prisoner. The offence being made by a particular act of parliament a capital felony, he was sentenced to be hanged. He asked for a long day, which was humanely granted, and his execution was deferred to the 18th of September, on which day it took place, in the midst of a vast concourse of spectators.
The day after M‘Ilvena’s trial, Jennings was placed at the bar, on an indictment for conspiring to debauch Mary Hair. He was almost instantly found guilty; when the judge told him his crime was much enhanced by the attempt he had made to screen his accomplice from punishment, in which he had committed wilful and corrupt perjury. The sentence of the court was, that he should stand for an hour on the pillory, be imprisoned for one year, and pay a fine of fifty pounds.
JAMES MITCHELL.
EXECUTED FOR MURDER.
THE subject of this narrative was a native of Salisbury, and his first occupation was that of a ploughboy in the service of a farmer near his birthplace. Having afterwards removed to London, he obtained a situation as groom in a gentleman’s family; and while so employed he became acquainted with Miss Welchman, whose life he subsequently took away.
Miss Welchman was a ladies’ dressmaker, and lived as forewoman with Miss Macey, who carried on that business in Mount Street. She was an elegant young woman, about four-and-twenty years of age, and of a most amiable disposition. To her, in an evil hour, Mitchell paid his addresses, under the name of Smith, and represented himself as purser on board some ship. The credulous girl believed him worthy and honourable, and permitted him to visit her, at the house of her employer, where he was, for some time, treated with politeness and friendship. At length his own conduct betrayed the deception he had practised. He obtruded himself at improper hours, and more than once offended the young ladies in the work-room by the coarseness and indelicacy of his conversation. This coming to the knowledge of Miss Welchman’s brother, he prevailed, with some difficulty, on his sister to forego the acquaintance of her lover.
In accordance with this advice, Miss Welchman had several interviews on the subject with Mitchell; but notwithstanding her desire that he would not again visit her, he persisted in annoying her. On Friday the 5th of August, 1814, he called at Mount Street, and was ushered into the work-room, where Miss Welchman was sitting. He continued there during the whole evening, notwithstanding the repeated requests made to him that he would leave; and, as it grew late, he desired Miss Welchman to provide supper for him, and subsequently to lend him money. Both requests were refused, and eventually at eleven o’clock Miss Macey and her work-people went away to supper, Mitchell being now left alone. Miss Welchman, however, returned to him, saying that she desired to be alone with him for about five minutes; but she had scarcely entered the room when a loud scream was heard, immediately followed by the report of pistols. Her companions immediately rushed into the apartment, and found Miss Welchman a lifeless corpse on the floor, a pair of pistols lying by her side, which on inspection bore evident marks of being the instruments with which the murder had been perpetrated. The hat of Mitchell was also discovered; but the window was open, and it was found that the assassin had escaped by descending into the street, by that means.
On examination, it was found that Miss Welchman had been shot in the head; one bullet had entered her temple, and the other had been resisted by the substance of the forehead.
The murderer, in the mean time, had succeeded in making his escape, and the officers of justice were despatched in pursuit of him, but without effect; for, as he had been for a length of time out of place, a clue to his last residence was not easily found. At length word was brought to town that he was in custody at his native place, Salisbury, to which he had bent his steps, and where he had been recognised by his old master the farmer, who, having heard of the murder, immediately had him scoured.
On the 13th of August he was brought up to Bow Street, in the custody of Taunton the officer, where he underwent an examination, after which he was fully committed to Newgate. He appeared very little affected at his situation, and preserved a sullen silence.
On Friday, September the 16th, he was arraigned at the Old Bailey for the murder of Miss Welchman. The evidence was circumstantial, but conclusive; and, when called on for his defence, he denied the crime with which he was charged, and said that it was not proved the pistols and hat were his. He called no witnesses, and the jury having been charged, retired for a few minutes, and returned with a verdict of Guilty.
The Recorder, after silence had been proclaimed, pronounced the dreadful sentence of the law, which was heard by the prisoner without the slightest emotion.
He was executed on the 19th September with a man named Hollings, who had been convicted of a similar offence in the murder of his step-daughter, to whom he had formed an attachment, notwithstanding his having married her mother; and whom he murdered in the street, at the door of her master, Mr. Cartwright, in Lower Grosvenor Street, because she had refused to accede to his disgusting and lustful propositions.
So great was the public curiosity to see the unfortunate malefactors, that at seven o’clock on the morning of the execution, the Old Bailey and Giltspur Street were crowded to a degree almost unprecedented. Much money was given for indifferent seats at the top of the houses opposite the Debtors’ Door; and carts, waggons, and other vehicles were put in requisition. At a quarter before eight the prisoners were introduced to the Press-yard, for the purpose of having their irons knocked off, accompanied by the Reverend Mr. Cotton and the Reverend Mr. Frere, the latter of whom sat up in constant prayer all the night with Hollings, who joined most fervently in the devotion. Mitchell, who was dressed in black, was first brought out from the cell; he looked pale, and maintained a deportment of sullen resignation; he did not say a word, nor did he betray the slightest symptoms of feeling at his awful situation. The irons being knocked off and the usual ceremony of tying the hands being executed, he lifted his hand as far as he was permitted, and looking up, bowed, and appeared to be in prayer. Hollings stepped forward to the block with great activity. He was, however, very tranquil; and upon being disencumbered of his irons, he addressed the persons around him in nearly the following words: “Here, you see, I stand a victim to passion and barbarity: my crime is great, and I acknowledge the justice of my sentence. But, oh! the unfortunate girl I loved, I adored as one of my own. I have made contrition, and prayed for forgiveness; I resign myself under an impression that Almighty God has heard my prayers, and will forgive me: may you and the world take warning by my example; and here I confess the justice of my fate—receive my soul, O God!” At the last expression his feelings overcame him, and he wept.
The whole of the awful arrangements being complete, the prisoners were ushered to the fatal scaffold. Mitchell was until this time firm and unconcerned; but he now became much agitated, and the horrors of death were strongly portrayed in his countenance. Hollings shook hands with the officers of justice, declared to Mr. Frere that he was quite happy, and mounted the scaffold with great firmness and resignation. The clergymen continued to pray to them until the fatal signal was given, when the drop fell. Mitchell continued in the strongest convulsions for several minutes, and appeared to die very hard.
After they had hung some time, three females were introduced, for the application of the “dead man’s hand,” supposed to remove marks, wens, &c. The first was a young woman of interesting appearance, who was so much affected by the ceremony that she was obliged to be supported.
At nine the bodies were cut down, and sent to St. Bartholomew’s Hospital for dissection.
MAJOR J. G. SEMPLE, alias LISLE.
CONVICTED OF SWINDLING.
THE case of this offender has obtained considerable notoriety, from the circumstance of his conviction having been disputed, and from the decision upon it having therefore became a precedent often quoted in our courts of law.
Semple, it appears, was born in Scotland in 1759, of a respectable family; and in the year 1775, at the age of sixteen years, he entered the army, and went to America. In the following year he was taken prisoner of war, but was soon after released, and retired from service with a pension for wounds.
He subsequently entered the army of Frederic the Great of Prussia; but in 1779 he again returned to England, and then married an English lady of great respectability, whom he met at Harwich. During a visit to France a short time afterwards, he became acquainted with the Duchess of Kingston, alias the Countess of Bristol, (whose case we have already given,) whom he accompanied on her visit to Russia, and having there consented to join the Russian service, he was appointed captain in the Imperial Army by Prince Potemkin. During his employment in this capacity, his conduct was such as to gain for him many honours; but in the year 1784, being dissatisfied with his position, he retired to Copenhagen, from whence he eventually returned to England, and there misfortune fell upon him in its worst form.
On the 1st of September 1785, very soon therefore after his arrival in this country, he was indicted for feloniously stealing a post-chaise, value 50l., the property of John Lycett, a coachmaker in Whitechapel; and upon the trial, it appeared that he had hired the post-chaise fora limited period, as he alleged to support the character which he was entitled to maintain, but that it was never returned. The defence set up was that the transaction could only be looked upon in the nature of a civil contract, and that the chaise having been regularly ordered and sent home, no charge could be brought against the prisoner except that arising on the sale of the carriage, and that he could only be held to be indebted for its value. Upon argument, however, the court held that there had been a felonious dealing with the carriage, and the prisoner was found guilty and sentenced to be transported for seven years. He was conveyed to Woolwich on his way to a penal settlement, but he was eventually pardoned on condition of his going abroad.
From Woolwich therefore he went to France; and there he became acquainted with Beruyer, Péthion, Roland, and several of the leaders of the day. He was present at the trial of Louis XVI., and shortly after resolved on returning to England, in consequence of the rupture with this country, which he then saw was inevitable. He therefore obtained a passport; he was denounced to the committee of public safety as a spy, who was going to join the enemy; but being secretly apprised of what was going forward, he was able to effect his escape, although with some difficulty, before the order for his arrest was issued.
On his escape he joined the allied army against France, and distinguished himself on various occasions, but particularly in the battle of St. Fronde, which lasted three days; and at the time of the retirement of the King of Prussia from this campaign, he found himself incapacitated from service, and almost destitute of the means of existence. After a short retirement, however, he had recovered sufficiently to remove to Augsburgh; and on his arrival at that place he was suddenly arrested by order of the Baron d’Ompteda, in the name of his Britannic majesty; but his imprisonment not being legal, he was shortly afterwards set at liberty.
Considering he had been ill used on the Continent, Semple again returned to England; and in 1795 we again find him at the bar of the Old Bailey, on a charge of stealing in the shop of Mr. Wattleworth, in Wigmore Street, one yard of muslin, two yards of calico, and one linen shirt.
It was proved that the prisoner came into the shop of Mr. Wattleworth, about noon, on the 10th of November 1794, and, showing two patterns, one of muslin, and the other of calico, said he wanted them matched for Mrs. Coningham, of Egham Green. They could not find an exact match in the shop to the muslin; but he chose one; and a yard being cut off, together with two yards of calico, he said he would give them to the lady’s servant, then at the door; and, calling in a man, he gave them to him. He then said that he had just arrived from the Continent, and should want a quantity of shirts, and wished to take one with him to consult his sister, who, he thought, would be a better judge of the linen than he was; that he would bring it back in the morning, and then give his order. He called his sister Mrs. Coningham; and as Mr. Wattleworth had a customer of that name, he made no hesitation, but gave him the shirt under those conditions. This happened in November; but the prosecutor never saw the prisoner again until January, when he was in custody in Bow Street.
The counsel for the prisoner contended that the charge of the felony was not made out, the evidence, if true, amounting only to that of obtaining goods under false pretences. Mr. Justice Buller, who tried the cause, admitted the counsel was perfectly right as to the calico and muslin; but he did not agree with him in respect to the shirt, and therefore left that question to the jury.
The prisoner, in his defence, entered into a history of his past life with a view of showing, that although he had been before convicted, his general course of conduct was not that of living by fraud; but the jury found him guilty of stealing the shirt, and he was once more sentenced to seven years’ transportation.
Notwithstanding his notoriety, (for there were many other charges against him,) many persons, amongst whom were Burke and Boswell, interested themselves in his behalf; but after remaining about two years in Newgate in a state of uncertainty as to his future destiny, he was at length removed to Portsmouth, and from thence proceeded to New South Wales. On the passage a mutiny broke out on board the transport in which he sailed; and Semple being one of the ringleaders, he, with twenty-eight others, was sent adrift in an open boat. He had contrived to conceal a quantity of gold in some soap, and succeeded in carrying it off with him; and after a dangerous passage, he and his companions landed in safety at Fort St. Pedro, in the province of Rio Grande. They were received with great hospitality by the governor of the Fort; and Semple was introduced by his fellows as a Dutch officer and passenger, a tale of shipwreck being trumped up; but a quarrel arising among them, their real character was subsequently exposed. After remaining during a considerable time at Brazils, in the year 1798 he went to Lisbon; but there he was arrested by an order of the British minister, and sent to Gibraltar, and while there, being suspected of being a party to a conspiracy which was discovered, he was again arrested and sent to Tangier.
In December 1798, a despatch arrived from England, ordering him home in custody; and he was accordingly sent on board a ship, and arrived at Portsmouth the following April. He was immediately conveyed to Tothill-fields Bridewell, where he remained till he was again sent out of the country.
From this period nothing particular occurred in the major’s life until his return from Botany Bay in 1810, when he resorted to his former evil practices; but as he became more notorious he became less successful, until at length he was reduced to the utmost distress, and had recourse to the basest means of supporting a miserable existence.
In 1814 he went into a cheesemonger’s shop in Devonshire Street, Queen Square, and ordered a small quantity of bacon and butter to be sent to No. 42, Cross Street. He met the messenger at the door, and taking the articles from him, sent him back for six-pennyworth of eggs. When the boy returned, he knocked at the door, and was informed that the person he inquired for did not live there, and that they knew nothing about him. This was true, for the major had only made a feint of going in to deceive the boy, and had made off when the lad was out of sight.
For this offence he was apprehended, and brought to trial at the Middlesex Sessions, December the 3rd, 1814, and found guilty, when, for the third time, sentence of transportation for seven years was passed on him.
WILLIAM SAWYER.
EXECUTED FOR A MURDER IN PORTUGAL.
THE circumstances of this very singular case may be shortly stated as follows:—The prisoner was engaged in the commissariat department of the British army; and in the month of February 1814, he went out to Portugal, where he lived in the same house in the Campo Mayor, at Lisbon, with a friend, Mr. Riccord, who had a female, named Harriet Gaskett, under his protection. An attachment grew up between this unfortunate woman and Sawyer, who, however, had a wife at the time in England; and his attentions were so apparent, that they excited the jealousy of his brother officer, and he appears to have remonstrated with his friend and mistress, which occasioned much infelicity.
On the 27th of April they met at dinner, with two or three other officers; but such was the agitation of their feelings, that Riccord, Harriet, and Sawyer ate nothing. The latter appeared greatly dejected, and, as well as Harriet, withdrew as soon as possible.
In the evening the party heard the report of three pistol-shots; and, on going into the garden, Harriet and Sawyer were found both lying on the ground. Harriet was quite dead, but Sawyer had not been mortally wounded. On his being removed into the house, he was left in the care of a brother officer, while the others went in search of a physician; and during their absence he contrived to get a razor, with which he cut his throat in a dreadful manner, but not mortally.
Next day the officers met, and reduced the facts to writing; and the prisoner signed the document, as well as a paper in the following terms:
“Having laid violent hands upon myself, in consequence of the death of Harriet, I think it but justice to mankind and the world, being of sound mind, solemnly to attest that her death was occasioned by her having taken part of a phial of laudanum, and ‘my’ discharging a pistol at her head, provided for the occasion. I took the residue of the laudanum myself, and discharged two pistols at my head. They failing in their effect, I then retired to the house and endeavoured to put an end to my life, leaving myself the unfortunate object you now behold me.
(Signed) “William Sawyer.”
And three witnesses.
The word “my,” in the above paper, was interlined.
The prisoner also signed a declaration, that Harriet Gaskett had consented to leave Mr. Riccord and live with him, and that Mr. Riccord had told her, on her threatening to quit him, that she might go to the prisoner’s hotel. The reason assigned by him for the attempted suicide and murder was, that Harriet declared that she thought that Mr. Riccord would shoot himself if she quitted him, and that she therefore would not live; and he added, that he had shot her at her own request, and not in consequence of any quarrel with her, and had then attempted to kill himself.
When the prisoner was sufficiently recovered, he was removed to England, where, shortly after his arrival, he was indicted at the Old Bailey, April the 7th, 1815, for the above murder. His case excited great interest, and the court was filled long before the arrival of the judges.
The facts already stated having been proved, the prisoner was called on for his defence. He put in a written paper, in which he stated that, in consequence of his being unable to articulate, from the wound in his throat, he had committed to paper all he had to say in his defence. The paper then went on to state that the prisoner had felt the sincerest affection for the unfortunate individual in question, towards whom he had never meditated the slightest injury. He perfectly recollected her having entreated him to shoot her, but had no idea of what passed subsequently, till some time afterwards, when he was told he had signed papers, of the contents of which he had no recollection. He then expressed acknowledgments for the efforts made by his prosecutors to bring forward Mr. Riccord, who would have been a material witness in his behalf; and had only to lament that these efforts had not been attended with success.
Several persons were called to speak to the general humane character of the prisoner, among whom were General Sir Edward Howard and Colonel Sir William Robe.
A Mrs. Nicholls proved that the deceased had lodged with her from June 1813, to February 1814. She was of a most violent and tyrannical disposition, and had a pistol, which she kept constantly in her room.
Lord Ellenborough having summed up the case, the jury found the prisoner guilty, but recommended him to mercy.
Mr. Alley and Mr. Curwood on behalf of the prisoner then moved in arrest of judgment, upon two technical points which arose upon the face of the indictment, and judgment was respited until the 12th of May. The court on that day, however, gave their opinion that the grounds of motion were unavailable, and sentence of death was immediately passed.
The prisoner appeared deeply affected throughout the proceedings, and upon the awful decision and sentence, remained motionless for some time, when at length he faintly requested one of the officers to entreat the court to recommend him to the royal clemency.
Monday, May the 22d, 1815, being the day appointed for the execution of this infatuated man, at an early hour an immense number of spectators had assembled in the Old Bailey to witness the awful scene. After the sentence of death was passed on him, he assumed a degree of sullenness; and the only declaration he was heard to make was, “that he would not be executed:” and this being considered to import that he was resolved on self-destruction, his intentions, if such they were, were defeated by the constant attendance of two officers night and day. On Sunday he received the sacrament, after which he appeared more composed. About three o’clock his wife went to the prison for the purpose of taking a farewell: she was announced by an officer; but the unhappy man gave a peremptory order that she should not be admitted, and all that could be urged could not induce him to see her. When he went to his cell, he was much depressed, and refused any kind of sustenance; and at about two o’clock he lay down, and soon after became very sick, and vomited copiously. He continued restless until half-past six o’clock, at which time he was visited by the Rev. Mr. Cotton, who prayed to him fervently. A little before eight o’clock Mr. Sheriff Reay, attended by the usual officers, proceeded from Justice Hall towards the cell. The unfortunate gentleman was introduced into the Press-yard by the ordinary: he was very dejected, and did not utter a word during the time of his being conveyed to the platform. At eight o’clock precisely, every necessary arrangement being complete, the fatal signal was given, and the unhappy man was launched into eternity. During the ceremony a profound silence prevailed throughout the populace. He died under evident symptoms of paroxysm, and a quantity of blood gushed from his mouth from the cut in his throat. At nine o’clock the body was taken to Bartholemew’s Hospital in a cart, attended by the under-sheriff and officers. He was dressed in a suit of black, and was not ironed.
ELIZABETH FENNING.
EXECUTED FOR ATTEMPTING TO POISON A FAMILY.
THE extraordinary interest taken by the public in this case at the time of its occurrence induces us to give it at considerable length, in order that its weight and bearings may be justly appreciated and considered. The propriety of the conviction of the unfortunate young woman was much questioned; and upon a careful perusal of its circumstances we think that at the least it must be concluded that the case was attended with considerable doubt.
It appears that Elizabeth Fenning was born in the island of Dominica, in the West Indies, on the 10th of June, 1793. Her father, William Fenning, was a native of Suffolk, and belonged to the first battalion of the 15th regiment of infantry. Her mother was a native of Cork, in Ireland: her parents were respectable, and she was married to Fenning in 1787, in her native town, where the regiment had been quartered. In 1790 they sailed from the Cove of Cork for the island of Barbadoes, and from thence to Dominica.
In 1796 or 1797 the regiment came home, having suffered great mortality, and were quartered in Dublin. In 1802 Fenning solicited and obtained his discharge, with a certificate of his good character, which it appears he merited, as he rose to the rank of a non-commissioned officer; and he then came to London, and entered the service of his brother, a potato-dealer in Red Lion-street, Holborn, with whom he continued for three years, and afterwards lived as servant in a potato-warehouse in Red Lion Passage, where his correct conduct gave satisfaction to three successive proprietors. His wife, for five years, worked for one upholsterer—a sufficient proof of her good conduct. They had ten children, all of whom, except the subject of this narrative, died young. At the age of fourteen, she was placed out in service to obtain her own living; and at the latter end of January, 1815, she was hired as cook in the family of a Mr. Orlibar Turner, at No. 68, Chancery-lane, where she had not been above seven weeks when circumstances unhappily arose which led to the poor creature’s being charged with an attempt to poison her master’s family.
The facts of the case will be best explained by the following report of the trial.
Eliza Fenning was indicted at the Old Bailey, April the 11th, 1815, for that she, on the 21st of March, feloniously and unlawfully did administer to, and cause to be administered to, Orlibar Turner, Robert Gregson Turner, and Charlotte Turner, his wife, certain deadly poison, (to wit, arsenic,) with intent the said persons to kill and murder.
The case was stated by Mr. Gurney; after which—
Mrs. Charlotte Turner deposed—I am the wife of Mr. Robert Gregson Turner, who is a law-stationer in Chancery-lane, in partnership with his father, Mr. Orlibar Turner, who lives at Lambeth. About seven weeks before the accident, the prisoner came into my service as cook; and about three weeks after, I had occasion to reprove her, for I observed her, one night, go into the young men’s room partly undressed. There were two young men, about seventeen or eighteen years old. I reproved her severely next morning for her conduct; and the excuse was, that she went in to fetch the candle. I threatened to discharge her, but on her expressing sorrow for the offence, I forgave her, and she remained in my employment. During the subsequent month, I observed that she failed to pay me that respect which I considered due to me, and she appeared extremely sullen. About a fortnight before the transaction now charged against her, she requested me to permit her to make some yeast dumplings, saying that she was a capital hand at it; and she frequently subsequently repeated the same request. On Monday the 20th of March, she came to me in the dining-room, and again asked me to allow her to make some dumplings, and said that the brewer had brought some yeast; and I said that as that was the case she might make the dumplings the next day, although that was not the way in which I usually had them made, as I generally had the dough from the baker’s. On Tuesday morning I went into the kitchen according to my custom, and I bade the prisoner make a beef-steak pie for the young men before she made the dumplings, and she carried the pie to the baker’s before kneading the dough. I gave her some directions as to the manner in which I liked the dumplings, and then went away. In about half-an-hour, however, I returned into the kitchen, and I then found the dough placed before the fire to rise. I have another servant in my employment named Sarah Peer, but I am certain that she could not have entered the kitchen during the time occupied in the preparation of the dumplings, as she was engaged by my direction in a bedroom mending a counterpane. I was subsequently in and out of the kitchen two or three times, and I observed that the dough did not rise. It was in a singular shape; and it remained heavy all the time. At about three o’clock we sat down to dinner, and there were six dumplings brought to table. I observed to Sarah Peer that they were black and heavy instead of their being white and light. My husband, Robert Gregson Turner, and his father, Orlibar Turner, sat down to dinner with me: I helped them to some dumplings, and took a small piece myself. I found myself affected in a few minutes after I had eaten it. I did not eat a quarter of a dumpling. I felt myself very faint—an excruciating pain, which increased every minute: it came so bad that I was obliged to leave the table—I went up stairs. I ate, beside the dumpling, a piece of rump-steak cooked by Eliza. When I was up stairs I perceived my sickness increased, and I observed my head was swollen extremely. I retched very violently: I was half an hour alone, and wondered they did not come to my assistance. I found my husband and father very ill—both of them. I was very ill from half-past-three until about nine; the violence then abated, but did not cease. My head and my tongue and chest were swollen. We called in a gentleman who was near, and afterwards Mr. Marshall, the surgeon. We applied for the nearest assistance we could get.
Cross-examined by Mr. Alley.—This happened about six weeks after the girl came to live with me. I have heard the prisoner herself was taken very ill.
Orlibar Turner deposed—I am the father of Robert Gregson Turner. On Tuesday, the 21st day of March, I was at my son’s house in Chancery-lane: I dined there. The dinner consisted of yeast dumplings, beef-steaks, and potatoes. After some time Mrs. Turner left the room indisposed. At the time she left the room I did not know she was ill. Sometime after my son left the room, and went down stairs. I followed him very shortly. I met my son in the passage at the foot of the stairs: he told me that he had been very sick, and had brought up his dinner. I found his eyes exceedingly swollen. I said I thought it very extraordinary, and I was taken ill myself in less than three minutes afterwards. The effect was so violent, I had hardly time to go into the back yard before my dinner came up. I felt considerable heat across my stomach and chest, and pain: I never experienced any vomiting before like it, for violence; it was terrible indeed. It was not more than a quarter of an hour when my apprentice, Roger Gadsden, was very ill, in a similar way to myself. While we were sick I was repeatedly in the parlour and the back yard. My son was up and down stairs at intervals; Gadsden, I believe, was in the kitchen below. The prisoner gave no assistance. We were all alarmed: but it was discovered that she did not appear concerned at our situation. I did not observe the prisoner eat any of the dumplings. I had a suspicion of arsenic, and made a search the next morning. I then observed in the pan, in which the dumplings had been mixed, that there was a white powder, unlike flour, and I retained it in my possession until I gave it into the hands of Mr. Marshall. Arsenic had been kept in the drawer in the office, tied up in a paper very tightly, and labelled “Arsenic, poison,” in large characters. I saw the parcel there on the 7th of March, but not since that time. It was missed about a fortnight before the 21st of March. The prisoner may have seen the parcel, as she usually resorted to the drawer for paper to light her fires. After dinner I remarked that the knives with which the dumplings had been cut had changed colour. They turned black and they still remain so. I spoke to the prisoner about the dumplings on the Wednesday, and I asked her how she came to put anything into them so hurtful, but she answered that it was not in anything which she had prepared, but in the milk which Sarah Peer had brought in, and with which her mistress had ordered her to make the sauce. That milk had been used in the sauce only. The dumplings had been mixed with the milk which had been left at breakfast.
Roger Gadsden said, I am an apprentice to Mr. Turner. I remember seeing the packet of arsenic in the drawer, and I missed it a day or two after the 7th of March. On Tuesday, the 21st of March, I went into the kitchen between three and four o’clock, and I observed a plate on the table, on which were a dumpling and a half. I had dined at two o’clock, but I took up a knife and fork, and was going to eat the dumpling, when the prisoner exclaimed, “Gadsden, do not eat that; it is cold and heavy; it will do you no good.” I ate a piece about the size of a walnut, and there being some sauce in the boat, I sopped it up with a piece of bread and ate it. I then went into the office, and Mr. Turner came there in about ten minutes after, and said he was very ill. About ten minutes after that I was taken ill, but not so ill as to vomit. I was sent off for Mr. Turner’s mother. I was very sick going and coming—I thought I should die. The prisoner had made yeast dumplings for supper the night before: I and Peer and the prisoner partook of them: they were quite different from these dumplings in point of colour and weight, and very good.
Margaret Turner sworn.—I was sent for. When I arrived I found my husband, son, and daughter, extremely ill. The prisoner, very soon after I was there, was ill, and vomiting. I exclaimed to her, “Oh, these devilish dumplings!” supposing they had done the mischief. She said, “Not the dumplings, but the milk, madam.” I asked her “What milk?” She said, “The halfpenny-worth of milk that Sally fetched, to make the sauce.” She said my daughter made the sauce. I said, “That cannot be; it could not be the sauce.” She said, “Yes; Gadsden ate a very little bit of dumpling, not bigger than a nut; but licked up three parts of a boat of sauce with a bit of bread.”
Mrs. Turner, jun., being called, said—“The sauce was made with the milk brought by Sarah Peer. I mixed it, and left it for her to make.”
Robert Gregson Turner sworn.—I partook of the dumplings at dinner; I ate none of the sauce whatever. Soon after dinner I was taken ill: I first felt an inclination to be sick; I then felt a strong heat across my chest. I was extremely sick; I was exactly as my father and wife were. I had eaten a dumpling and a half, and I suffered more than any other person. I should presume that the symptoms were such as would be produced by poison.
Sarah Peer sworn.—I have been servant to Mrs. Turner near eleven months. I recollect the warning given to the prisoner some time after she came. After that I heard her say she should not like Mr. or Mrs. Robert Turner any more. On the 21st of March I went for some milk after two o’clock, after I had dined with the prisoner on beef-steak pie. I had no concern whatever in making the dough for the dumplings, or in making the sauce. I was not in the kitchen when the dough was made: I never meddled with it, or put anything to it; I never was in the kitchen after I went up to make the beds, a quarter after eleven, until dinner time. I had permission to go out that afternoon, directly after I took up the dumplings. I went out directly. I came home at nine o’clock exactly. I ate none of the dumplings myself. In eating the beef-steak pie, I ate some of the crust. I was not at all ill. I had eaten some dumplings she had made the night before: I never tasted any better. They were all made out of the same flour. I had no difference with my mistress at any time.
Cross-examined by Mr. Alley.—I had occasionally quarrelled with the prisoner. I went sometimes to visit my friends, but it was generally on Sundays. I never went on a week-day except on this occasion. I know nothing of the drawer in which the arsenic was. The paper which I used for lighting fires was kept in the dining-room. I never went to the drawer in the office, nor did I ever see or hear of any poison being kept there.
An officer of Hatton Garden and the brewer’s man were then successively examined. The first proved that on his apprehending the prisoner, she declared that she thought the poison must have been in the yeast, as she saw a red settlement in it after she had used it, and the second stated that the yeast was good, and that he delivered it to the girl Peer.
Mr. John Marshall, a surgeon, was then sworn, and he stated that on his being called in to Mr. Orlibar Turner’s family he found them all labouring under symptoms of having taken arsenic, and that the prisoner was also ill, and exhibited similar symptoms. On the following day he saw a pan, and on his examining its contents he found them to contain arsenic. He had also examined the yeast which was left and the flour tub, and they were both devoid of arsenic. The poison being cut would blacken the knife.
The case for the prosecution being closed, the prisoner made the following defence:--
“I am truly innocent of the whole charge; I am innocent; indeed I am. I liked my place, and was very comfortable. Gadsden behaved improperly to me; my mistress came and saw me undressed; she said she did not like it; I said ‘Ma’am, it is Gadsden that has taken a liberty with me.’ The next morning I said, ‘I hope you do not think anything of what passed last night.’ She was in a great passion, and said she would not put up with it; I was to go away directly. I did not look upon Mrs. Turner as my mistress, but upon the old lady. In the evening the old lady came to town; I said, ‘I am going away to-night;’ Mrs. Turner said, ‘Do not think any more about it; I don’t.’ She asked Mrs. Robert Turner if she was willing for me to go. She said ‘No, she thought no more about it.’ As to my master saying I did not assist him, I was too ill. I had no concern with that drawer at all; when I wanted a piece of paper I always asked for it.”
The prisoner called five witnesses, who gave her an excellent character for integrity, sobriety, cheerfulness, and humanity. One of them was proceeding to state an accidental conversation which he had with the prisoner two days after she had ordered the yeast, wherein she declared herself happy and contented with her situation, and pleased with her master and mistress; but the recorder stopped him, saying it was not evidence.
Whilst the trial was proceeding, William Fenning, the father of the prisoner, went to a public-house, and got a person (for he was too agitated himself) to write on a slip of paper, that on the 21st of March he went to Mr. Turner’s, his daughter having sent for him in the morning, and that Sarah Peer told him Eliza had gone with a message for her mistress, whilst, at the same time, she was in agonies below-stairs from the effect of having eaten of the dumplings. He then went home, and thought no more about it.
When this note was written, it was handed to Mr. Alley, who, standing upon tiptoe, showed it to the recorder, who leaned over and looked at it, but no further notice was taken of it.
Other efforts were made by the prisoner to produce witnesses, but as they were not in attendance, the court said that it was too late, and that the trial could not be suspended for their coming.
The recorder then proceeded to sum up the case, and the jury in a few minutes brought in a verdict of guilty. The recorder having then passed sentence of death upon her, the miserable girl was carried from the bar convulsed with agony, and uttering frightful screams.
Few cases ever excited greater interest than that of Eliza Fenning; and we are happy in being able to state that her religious principles were correct, and her professions sincere. Through life she was distinguished by a superiority of intellect, and a propriety of deportment, which could hardly be reconciled with the depravity of which she was accused. In person she was short of stature, but of the most perfect symmetry; while her countenance evinced a heart at ease, and a mind at once intellectual and lively. She had been before the fatal transaction betrothed to a young man, to whom she appears to have been sincerely attached.
After the unfortunate girl’s conviction she was induced to apply to the Crown for a remission of the sentence of death, and sent a petition to the prince regent. She next addressed the lord chancellor, to whom she sent a statement of all the exculpatory circumstances of her case. She also sent a letter to Lord Sidmouth, and another to her late master, requesting him to sign a petition in her favour, with which however he refused to comply.
Several gentlemen interested themselves in the fate of the poor girl; and Mr. Montagu, of Lincoln’s Inn, waited on the recorder, offering to produce evidence of a member of Mr. Turner’s family, who was insane, having declared that he would poison the family; but the recorder assured him that the production of such evidence would be wholly useless.
The night before her execution a meeting of gentlemen took place in Mr. Newman’s apartments in Newgate, at which Mr. Gibson, of the house of Corbyn and Co., chemists, No. 300, Holborn, stated that Robert Gregson Turner, in the month of September or October, called at their house in a wild and deranged state, requesting to be put under restraint, otherwise he declared he should destroy himself and wife. Mr. Gibson also stated that it was well known in the family that Robert Turner was occasionally subject to such violent and strange conduct.
With this information Mr. Gibson, accompanied by a clerk from the secretary of state’s office, waited on the recorder, requesting that the unfortunate girl might be respited to admit of investigation; but all was of no avail, and in twelve hours after, Eliza Fenning was executed!
From the moment the poor girl was first charged with the poisoning, however or by whomsoever questioned, she never faltered in her denial of the crime, and rather courted than shunned an investigation of her case. So many circumstances, which had developed themselves subsequently to the trial, had been communicated to the secretary of state by the gentlemen who interested themselves in her favour (among whom were some of great respectability), that a reprieve was confidently expected to the last: and the order for her execution, four months after her conviction, was received with very great surprise.
On Tuesday morning, the 25th July, she took her last farewell of her father, who, by the firmness of his manner, exemplified the courage he wished his child to sustain upon the scaffold: but with her mother the parting scene was heart-rending.
On the fatal morning, the 26th July, 1815, she slept till four o’clock, when she arose, and, after carefully washing herself, and spending some time in prayer, she dressed herself neatly in a white muslin gown and cap. About eight o’clock she walked steadily to the spot where criminals are bound; and, whilst the executioner tied her hands—even whilst he wound the halter round her waist—she stood erect and unmoved, with astonishing fortitude. At this moment a gentleman who had greatly interested himself in her behalf adjured her, in the name of that God in whose presence she was about to appear, if she knew anything of the crime for which she was about to suffer, to make it known; when she replied distinctly and clearly, “Before God then, I die innocent!” The question was again put by the reverend Mr. Vazie, as well as by the ordinary, and finally, by Oldfield, a prisoner who suffered with her, and to each she repeated “I am innocent.” These were her last words; and she died without a struggle, at the age of twenty-one.
Her miserable parents, on application for her body, were not prepared to pay the executioner’s fees of fourteen shillings and sixpence: but having borrowed the money with some difficulty, the remains of their daughter were handed over to them.
We have endeavoured to give the circumstances of this case as clearly and with as little prejudice as possible, but we should not do our duty, if we were not to state that the public mind was much inflamed at the execution of the unhappy prisoner. Thousands of persons, after examining the evidence adduced at the trial, did not hesitate to express their opinions very strongly upon the subject of the case; and many of the lower orders, apparently convinced of the innocence of the sufferer, assembled in front of Mr. Turner’s house, in Chancery-lane, hooting and hissing, and otherwise expressing their indignation, at what they conceived to be their unjust prosecution of their servant. The police were active in their exertions to suppress the tumult; and an affidavit made by Davis, a turnkey in Newgate, was industriously circulated, in which the deponent swore that old Fenning had conjured his daughter, when she went upon the scaffold, to declare her innocence: a counter affidavit of the father of the wretched girl, however, was produced and published, and the assertion of the jailer was at length admitted to have been founded upon a mistaken interpretation of what had really passed. The mob continued to assemble for many days, and it was not until the police had taken very vigorous measures against them, that they were finally dispersed. The public still sympathised with the unhappy parents of Eliza Fenning, and a subscription was entered into for their benefit.
JOSEPH BLACKBURN.
EXECUTED FOR FORGERY.
THE particulars of the melancholy case of this unfortunate gentleman, will be best described by the report of his trial which has reached us, which took place at York on the 18th March 1815, before Sir Simon Le Blanc. He was then placed at the bar and arraigned on two indictments, charging him with forging and counterfeiting the impression of a certain stamp or die, used under the direction of the Commissioners of Stamps, to denote the payment of certain duties imposed on various deeds and other securities, on vellum, parchment, or paper, and also with uttering the same, knowing it to be forged, with an intent to defraud the revenue of the duties imposed on such stamped vellum, parchment, or paper. To these indictments he pleaded—Not guilty. Mr. Blackburn was then arraigned on two other indictments, charging him with feloniously removing stamps from executed deeds, and affixing them upon others, with an intent to defraud the revenue; to these indictments he also pleaded—Not guilty. He was then charged in another indictment with the same offence, jointly with Mr. Thomas Wainewright, who was charged with feloniously aiding and assisting in this illegal removal of stamps. To this indictment both the prisoners severally pleaded—Not guilty.
As soon as the jury were sworn, Mr. Wainewright, at the suggestion of the counsel for the prosecution, retired from the bar, and the court proceeded to the trial of Mr. Blackburn, on one of the capital indictments for forgery. The clerk of the arraigns read the indictment. It charged the prisoner with feloniously forging, and counterfeiting the resemblance of a certain stamp or die, used by the Commissioners of Stamps, to denote the payment of duties imposed on vellum, parchment, and paper, viz. for the payment of two pounds, imposed by the 48th of George III. on mortgage deeds, with intent to defraud his Majesty, his heirs, or successors. Another count in the indictment charged him with uttering the said forged stamps, knowing the same to be false, forged, and counterfeited, with the like intent to defraud his Majesty, his heirs, or successors.
The counsel for the crown were, Mr. Park, Mr. Topping, Mr. Wailes, and Mr. Richardson.
The counsel for the prisoner—Mr. Scarlett, Mr. Littledale, and Mr. Williams.
Mr. Park opened the case to the jury, and said,—I am counsel against the unfortunate gentleman now at the bar. This is a prosecution by the Commissioners of Stamps, who in the discharge of their professional duty have thought it incumbent upon them to institute this inquiry, and which indeed they could not have omitted to do without a gross dereliction of the duty they owed to the public. They have no interest in this prosecution, and whatever be the result of this day’s inquiry, they will be satisfied with your decision. The crime imputed to the prisoner by this indictment, is not merely calculated to defraud the public revenue, but tends to affect the security of the property of individuals, and that in the most serious manner, for if deeds, or other written instruments for the transfer of property, have affixed to them forged or improper stamps, they have no validity, and convey no rights to the parties in whose favour they are executed. This consideration must at once impress you with a conviction of the great importance of the present case; as the conveyance of property by instruments the most solemn known to the law, is thereby defeated, the contract becomes invalid, and the deed by which it was intended to be effected, of no possible use. Nor is it too much to say, that the rights of future generations may be affected by the consequences of the crime imputed to the prisoner.
It is, gentlemen, with the most unfeigned concern, that I have risen to address you on the present occasion. This is the first time, during a practice of thirty years at the bar, that it has fallen to my lot to be concerned in a prosecution for felony against any person with whom I have had any personal acquaintance. Mr. Blackburn (the prisoner) I have long known; he has conducted actions in which I have been engaged for him, and others in which I have been retained by the adverse party: and though when I first heard the name I did not know how to affix it to the person, yet now, when (for the first time since this prosecution has been depending) I see him, I find that I know the gentleman perfectly well. We at the bar are, however, bound to aid the administration of the public justice of the country, and must do justice to the country, and to the crown, on whose behalf we are engaged, and cannot shrink from the performance of our professional duty, however painful to our feelings the exercise of it may occasionally be. But the Government, the Commissioners of Stamps, and those who on their account conduct this prosecution, are very far from having any wish to oppress these individuals; their only desire is, that justice should be done between them and the country, and this justice I have no doubt will be done by you.
If the prisoner is guilty of the offence imputed to him by this indictment, his crime is greater than that of any other individual, because there is no one who is so much obliged by his profession to understand the principles of morality. The very first rudiments of his profession must have rendered familiar to him those principles of justice on which the law is founded; and in his long attendance at these courts, he must (in addition to sound lessons of law) have heard the principles of moral obligation enforced by the learned judges who have from time to time presided here, and which ought to have had the effect of rooting them in his mind.
Having made these few preliminary observations, I shall proceed to state the nature of the charge against the prisoner, and the evidence by which that charge is meant to be substantiated. The charge against the prisoner is that of having forged, or caused to be forged, or counterfeited, the impression of a certain stamp or die, used by the commissioners (appointed by his Majesty, to manage the duties on stamped vellum, parchment, or paper) to denote the payment of a certain duty, imposed by the 48th of the King, on mortgage deeds, which are laid ad valorem, that is, in a ratio proportioned to the money secured by such deeds. The amount of the money secured by the deed which is the subject of this inquiry, is 180l. and the stamp required for this sum, must be of the value of 2l.; for in the schedule affixed to the act, it states, that from 150l. to a sum not exceeding 200l. the duty shall be 2l. The subject-matter of this prosecution is, that in order to evade the duty imposed by this act, the prisoner affixed a forged and counterfeit stamp to an instrument, purporting to be a mortgage deed; and also that he uttered or published the same, well knowing it to be false, forged, or counterfeited. The penal act on which this prosecution is founded, is an act of the 52nd year of the king, intituled, “An act for amending and reducing into one act, the provisions contained in any laws now in force, imposing the penalty of death, for any act done in breach of or in resistance to any part of the laws, for collecting His Majesty’s revenue in Great Britain.” In this statute, cap. 143, section 7, it is enacted, “that if any person shall, after the passing of this act, forge or counterfeit, or cause to be forged or counterfeited, any mark, stamp, die, or plate, which in pursuance of any act or acts of parliament, shall have been provided, made or used, by or under the direction of the commissioners, appointed to manage the duties on stamped vellum, parchments, or paper, or by or under the direction of any other person or persons, legally authorised in that behalf, for expressing or denoting any duty or duties, or any part thereof, which shall be under the care and management of the said commissioners, or if any person shall utter, or sell, or expose to sale, any vellum, parchment, or paper, &c. having thereupon the impression of any such forged or counterfeited mark, every person so offending, and being thereof convicted, shall be adjudged guilty of felony, and shall suffer as a felon, without benefit of clergy.” I will now lay before you the evidence by which we propose to establish this charge against the prisoner.
A person of the name of Taylor, being desirous of borrowing upon the security of an estate the sum of 180l., of a Friendly Benefit Society, called the Clothiers’ Society, sent the title deeds of his estate to the office of the prisoner, who as you will have already collected is an attorney; to enable him to make out the necessary security, and who accordingly prepared a mortgage deed. This deed bears date the 13th of September 1812; but whether it was executed at that time we do not know, but it was executed some time before February in the ensuing year, because we find that on the 12th February it was registered at the proper office at Wakefield. At what period the stamp upon this deed, which we allege to be a forged one, was affixed to this deed we have no means of proving, but it must have been previous to its passing into the hands of Thompson the steward, who deposited it in the box of the society, where it remained until it was taken out for the purpose of this inquiry. That this is the deed delivered by the prisoner to Thompson, I shall prove beyond all doubt. Gentlemen, I shall prove to your entire satisfaction, that the stamp affixed to this deed is a forged one, and we shall also offer the strongest evidence to convince you it was forged by the prisoner, and uttered by him, knowing it to be forged. But before I enter directly upon this proof, it may be proper to state to you something of the manner in which the business of the Stamp-office is managed, particularly with respect to the state and manner in which stamps are issued from it, but which statement I shall prove by evidence. It will be clearly proved to you, that stamps are not issued from the office in detached labels, to be afterwards affixed to the different instruments, but are stamped upon the paper or parchment on which the instrument or deed is to be prepared, and the impression is made with an engine of such power, that the impression made by it is visible on the back of the parchment. This is a circumstance of some importance to be attended to in this inquiry. I would also observe to you that on all the stamped parchments, issued by the Stamp-office in London, the words “This Indenture,” are printed from an engraved plate in large characters. These circumstances will be fully proved by the evidence of the gentlemen from the Stamp-office, whom I shall call before you. The prisoner did not choose to have his skins from the Stamp-office, but provided them himself, and employed an engraver in Leeds, to engrave him a plate, or rather two plates with the words “This Indenture,” in characters resembling those issued by the Stamp-office, and from these plates he had impressions taken upon skins at various times. I do not mention this with a view to prejudice the prisoner, or to insinuate anything to his disadvantage, because he had a right to prepare his own skins, and send them to be stamped, if he chose it; but I mention it because it will be necessary to explain part of the evidence which I shall lay before you, and to show the manner in which (as we allege) the offence imputed to the prisoner has been committed.
Gentlemen, the whole of the stamp affixed to this deed is not false and counterfeited; the impression of the king’s arms and the “device,” are part of the genuine stamp, but the words, “Two Pounds,” which denote the value of it, are forged, and the way in which we account for it is this; we say that the stamp affixed to this deed has been taken from some other deed, and affixed by some cement to this, and that the former denominating words have been obliterated, and the words “Two Pounds,” impressed by some die or stamp, resembling that used for denoting the duty of two pounds by the commissioners of stamps. Gentlemen, I state it without hesitation, as the law, and I am sure his lordship concurs with me, that the forgery of any material part of any stamp or die, or other instrument, is as much a forgery, as if the whole of it was actually forged: and the words which denote the value of the stamp, must unquestionably be considered as a most material part of it, and the person who has done this, or aided the doing of it, or caused it to be done, is guilty of forgery. That this stamp was not affixed to the deed at the Stamp-office, and in the usual manner may be made evident to an inexperienced eye; for it will be proved to you, that those parchments which have passed through the stamping engine have a visible impression of the stamp on the back of the skin, which is not the case in this deed; the stamp of which has been transferred from some other instrument. These circumstances would alone form a strong presumption against the prisoner: but the next branch of evidence I shall adduce, will convert this presumption into certainty; for I shall prove to you, that he employed an engraver at Leeds to make him thirteen or fourteen dies, suitable for the purpose of making any impression, resembling the words which denote the value that are upon the stamps used by the commissioners. I have the impression from those dies now in my hand, and it will be proved to you that the numerals and words “II Pounds,” impressed upon the stamp of the deed, which I will lay before the court, is an impression from one of those dies. These dies, gentlemen, were found in the possession of the prisoner, under the circumstances I shall shortly state to you. When the rumour of these transactions first came out, the house of the prisoner was searched by the officers of justice; the prisoner was not at home, but in a room which was locked and broken open by the officers, was found upon a table a box containing these dies; and on a further search, a number of old deeds were found, from which the stamps had been cut off, and also a number of articles material for throwing light on this subject, which will be produced to you. Perhaps it may not be necessary to point out to you the manner in which the prisoner would be benefited by this transfer, and forgery of stamps. But as it will complete the statement, I will just add that by taking the stamps from old instruments, and affixing them upon new ones, he was enabled to put into his pocket the whole amount of the duty, as he would of course charge the nominal value of the stamps to his clients, and where the denominating value was not for the sum he wished, we presume that it might be changed by the use of these dies. I think I have before stated, that we shall prove the uttering of this deed to Mr. Thompson. This, gentlemen, is a short detail of the circumstances, from which we contend, that you must come to the conclusion, that the prisoner forged, or procured to be forged, this stamp, and that it was uttered by him, or with his privity, he knowing it to be forged. It is for you, gentlemen, after hearing the evidence which shall be laid before you, on the part of the prosecution, and for the prisoner, with the observations and recapitulation of the learned judge, to decide upon his guilt or innocence, and with your decision the prosecutors will be satisfied. If, having heard the whole of the case, any reasonable doubt remains upon your minds, the prisoner ought to have the benefit of that doubt, and in that case you ought to acquit him; but if you find the circumstances which go to prove the guilt of the prisoner so strong and well connected, as fully to satisfy you upon the subject, it will then be a duty you owe to your oaths, to God, and your country, to find the prisoner guilty. The prisoner, to use the impressive language of the law, has put himself upon God and his country—which country you are; and I feel convinced that your verdict will be such as will be just to the prisoner, and to the public justice of the country.
Witnesses were then called, who proved the material circumstances related by the learned counsel in his opening speech, as to the drawing the deed, and depositing it with the steward of the society. The evidence as to the practice of the Stamp-office, and the forgery of the stamp in question, was as follows:—
Mr. Abraham Smith stated, that he was one of the stampers at the Stamp-office, in London, and had been in that situation sixteen or seventeen years. Being requested to state the manner in which the operation of stamping was performed, he said, that when the stamping for the day was concluded, the dies were put into strong-boxes, placed in the strong-room and locked up. They were taken into the room and delivered out to the stampers by one of the clerks of the office, who kept the key of the room. No labels were ever on any occasion stamped without being attached to the parchment, and of course no stamps could ever be issued detached from the parchment or paper on which the instrument was intended to be executed. The die for the two-pound stamps had not been varied; the die was fixed in an engine, which struck the impression with great force. On looking at the deed, witness stated that he had no hesitation in saying, that the numeral “II” and the word “Pounds” were false and counterfeit, and were not a genuine impression from the die used by the commissioners; but that the device of the King’s arms and the rest of the stamps were genuine. Witness then proceeded to point out the difference between the impression of the genuine stamp, and that affixed to the die in question, which partly consisted in a variation of the semicircle, and in a further difference of the depth and entire appearance of the denominating part of the stamp in question. This difference, he said, arose from the circumstance that in the genuine stamp the whole impression was struck at once, both the King’s arms and the letters, but that in that on the deed now in his hands, it was evident that the numeral letters “II” had been impressed by one instrument, and the word “Pounds” by another; and from which the original words denoting the value had been by some means erased. Witness then examined the back of the deed, and said, it was clear that the stamp had not been impressed upon it at the office, because if it had, the impression would have penetrated the parchment, and made an indention on the back. Upon the whole, witness stated it as his decided opinion that the stamp shown him was false and counterfeit. The witness was cross-examined by Mr. Scarlett, and admitted that the impression of the King’s arms, and all parts of it, with the exception of the words denoting the value, were genuine; and that the stamp had undoubtedly at some time or other been issued from the office.
William Kappen, Esq. stated that he was secretary to the Stamp-office, and had in October last been employed twenty-four or twenty-five years in that office, though not the whole of the time in the situation he then occupied. He was perfectly acquainted with the various dies used by the office, and the manner in which the general business of the office was conducted. The deed being handed to him he examined it with great attention, and then stated that the “II” and the word “Pounds” were not impressed by the stamp used by the commissioners, but that the rest of the stamp was genuine. Witness then produced a paper which contained an impression from the II Pound stamp used by the commissioners, which he stated to have been struck in his presence, and pointed out to the court and jury the respects in which the impression of the forged stamp differed from that produced by him. Witness having completed his description, said he had not the least hesitation in stating that that part of the stamp shown to him which denoted the value, was false and counterfeit: he also stated, that the back of the deed bore no resemblance to the impression of the stamps struck at the office, which made an impression through the parchment perfectly visible on the other side of the skin, being impressed with great force by the engine, which completed the whole of the stamp at once. Witness was cross-examined by Mr. Littledale. He stated that the commissioners continued the use of the dies in these cases where they were applicable after any augmentation of the duties, and this they were empowered to do by act of parliament. After any augmentation of the duties, the commissioners had impressions taken of all the dies in use, from which they selected such as were applicable to the new duties, and impressions of these were struck in the presence of the commissioners, or the major part of them. These impressions were put into a book, and signed by the officers employed in that department, and the dies from which these impressions were taken, continued to be used until some further alteration took place in the duties. The office never sold stamps to private individuals, but they were furnished to the public through the medium of the stamp distributors. He also stated, that no stamp was ever printed on any separate label, detached from the papers or parchment on which the instrument was to be executed. But he added, that if any person should send an unexecuted parchment or instrument to stamp, to the head office, it would be stamped upon the payment of the proper duty.
Evidence as to the discovery of the forged dies, in the office of the prisoner, was next adduced; and on the cross-examination of the witnesses, an effort was made to show that a person named Jacques, who had been the informant against the prisoner, might have been implicated in placing the dies in the position in which they were found, and that he might have been induced to take that course, in consequence of a threatened prosecution by the prisoner, in whose service he had been as clerk, for embezzlement. Two witnesses were called, who were engravers, and who had prepared the copper plates of “This Indenture,” printed on the deeds, and also the dies for counterfeiting the words “II Pounds.” Mr. Topham, the engraver, who was last called, however, failed in proving very distinctly, that the impressions on the stamp alleged to be forged were taken from the dies which he had prepared. The officers of stamps expressed their belief that they were so taken from the dies. Upon the production of the detached stamps found at the prisoner’s house, it was stated that in their present state they were useless, because although the Stamp-office returned the value of stamps which were spoiled, yet they would not do so unless when attached to the parchment. Those stamps were also proved to have been detached from the original deeds with some object, as they were found enclosed in parcels in papers, with indorsements in the prisoner’s hand-writing, denoting their amount and value.
The evidence for the prosecution having been concluded,
Mr. Scarlett rose and said, “My Lord, I have two objections, which I will submit to the consideration of your lordship, which will, as I conceive, be fatal to this prosecution. There are two facts which the prosecutor is bound to make out before he can substantiate the allegations in this indictment. The first is, that the die or stamp, respecting which the forgery is alleged to have been committed, was a die used by the direction and under the authority of the commissioners of the stamps. Now, my lord, I contend that there is no evidence of this fact to go to the jury, because I confidently submit to your lordship, that parole evidence, which is all they have offered, is not admissible under the circumstances which have been given in evidence, because it is an axiom in law, that the best evidence must always be given which the case will admit of; your lordship has heard from Mr. Kappen that the stamps authorised to be used by the commissioners, were in their presence impressed in a book. This book has not been produced, and as no evidence has been given to show that it was lost or destroyed, parole evidence was not admissible to show the nature of its contents. That it is an essential part of the case, that the die should have been directed or authorised to be used by the commissioners of the stamps, is evident from a reference to the 52 of the King, section 7, which states, that if any person after the passing of that act, shall forge or counterfeit, or cause to be forged or counterfeited, any mark, stamp, die, or plate, which in pursuance of any act of parliament shall have been provided, made, or used, by or under the direction of the commissioners appointed to manage the duties on stamped paper, and so on. Now, my lord, what I contend for is this, that the entry in that book is the only proof that this die of £2 was used by or under the direction and authority of the commissioners, and that this entry can only be proved by the production of the book itself. Supposing, my lord, that the book had been produced, and that upon inspection it should turn out that there was no stamp of 2l. inserted there, in this case your lordship must allow that the prosecution would fail; but as the best evidence that it does contain this entry has not been given, it must be presumed in favour of the prisoner, that the book does not contain this entry. Had there been a written order in the usual acceptation of the term by the commissioners for the use of such and such stamps, your lordship would not have admitted parole evidence to be given of the contents of this order, unless satisfactory proof was given that it was destroyed, or could not be produced; and I humbly submit to your lordship, that the entry of the impressions of the dies in this book renders it completely of the nature of a written document, and places it within the same rules of law. I therefore humbly submit to your lordship, that there is no legal evidence to go before the jury, on this material allegation in the indictment, and that the prisoner is entitled to be acquitted.”