“February 4, 1837.
“Dear Madam,—Having had several letters in answer to my advertisement, yours is the third to which I have applied for an interview, and is the last one I shall answer. I advertised in the ‘Times’ newspaper of the 23d of January for a partner with 300l. to join me in a patent to bring forward a new invented machine, of which I have enclosed you a printed specification from scientific gentlemen of property, each anxious to co-operate with me in it; but upon mature consideration, and by the advice of my friends, I have determined not to throw away the half of this most important discovery for the trifling sum of 300l., as it is certainly worth as many thousands.
“It is, therefore, my wish to meet with a female companion, with a small capital, one with whom a mutual and tender attachment might be formed, who would share with me in those advantageous pecuniary prospects which are now before me, and thereby secure the advantages of my own production.
“No man can have a greater aversion than myself to advertising for a wife; nevertheless, this advertisement was intended to give an opportunity, by which I might make propositions of an honourable nature to one whom I might prefer as a companion for life. It may be, however, that the first impression from our short interviews has left very different feelings towards me than those by which I am influenced to write this letter to you; I hope however otherwise, or at least that you will not yield to any unfavourable conjectures relative to the moderation of my views, as regards the sum of money I named in my advertisement. It is, I think, sufficient to convince you, or any of your advisers and friends, that property forms but a small share of my hopes and object, in turning my attention towards a partner for life.
“I am a widower, thirty-eight years of age, without any incumbrance, and am in the possession of a small income arising from the rent of some houses. I was sixteen years in a large way of business, which I relinquished about three years ago, but have lost much of my property by assisting others and confiding too strongly in the professions of pretended friends. Under these circumstances, I am induced to seek a partner, or a companion with a small sum, to co-operate with me in securing the advantages of this machine, which will be a great public benefit, and which has long been attempted by many scientific persons, and is certain of realizing a competency.
“Having given you this plain statement of my situation, I beg leave to add, that my mind is thoroughly fixed upon making you the future object of my affections and constant regard. If you should feel disposed to favour my sincere and honourable intentions, I shall take the liberty of calling upon you, and hope that you will divest your mind of any idea beyond that of the most sacred candour and honourable intentions on my part. Should you feel disposed to communicate any remarks on the subject by letter, I hope that you will do so.
“Excuse the dissimulation by which I have obtained an introduction to you, and believe that my present proposal is dictated by every honourable and affectionate feeling towards you.—I am, dear Madam, yours most sincerely,
“James Greenacre.
“No. 6, Carpenter’s-place, Camberwell, Surrey.”
The “new-invented machine” referred to in the advertisement, appears to have been an apparatus for washing linen, as an article of that description was found in his possession at the time of his being taken into custody. It was fortunate for the individual with whom the correspondence was commenced, that the intimacy proceeded no farther than it did, for inevitable ruin and misery must have followed upon a matrimonial connexion. The letters to which we have alluded as having been written by Greenacre on the morning of his death, were addressed to his relations and to his legal assistants, Mr. Price, and Mr. Hobler. In both these effusions he maintained the same ground which he had taken both before and after his trial, that the death of Mrs. Brown was an accident; and that Mrs. Gale was totally unacquainted with the death of his victim until she was in custody.
Sarah Gale, it appears, had received a moderate education, and at an early period of her life is stated to have joined the theatrical corps of an East-end theatre, under the name of Wiston. From this position she sunk to that of an “unfortunate,” and in that station she is stated to have been a frequent attendant at the theatres of the metropolis. While thus circumstanced she became acquainted with a member of the legal profession, with whom she lived for a considerable time, and by whom she had one child which died in its infancy. The intimacy with her protector, however, being broken off, she was considerably reduced, and was eventually married to a hackney-coachman. She now applied to the gentleman to whose acquaintance with her we have alluded, and by his assistance she was enabled to commence business in the borough of Southwark in a chandler’s shop. Her husband soon dissipated all her profits, and again reduced to poverty by his desertion of her, about two years before the period of the murder, for her participation in which she was convicted, she became acquainted with Greenacre, with whom she lived at intervals up to the time of their apprehension. Her maiden name was Farr; and the child which remained with her throughout her confinement, was understood to be that of her husband.
A short memoir of the life of Mrs. Brown shall conclude our notice of this dreadful case. Mrs. Brown, it appears, was born in the year 1780, within two miles of the city of Norwich, of respectable parents. Her maiden name was Gay. At the age of sixteen years she entered into service in the family of Lord Wodehouse, at Crimley-hall, but after remaining there for four years, she determined to come to London. For a considerable time she supported herself there as a servant, but at length she was married to a person named Thomas Brown, a shoemaker. This union proved an unhappy one, and at the expiration of two years her husband quitted her in order to proceed to Jamaica to claim some property, to which, by the death of a relation, he had become entitled. On his voyage he was washed overboard; and his wife, unacquainted with the precise nature of his claim, was unable to secure the bequest of her husband’s relative. From this
Bartlett shooting Mrs. Lewis.
P. 453.
period she appears to have lived constantly in service, and it was supposed by her friends that she had amassed a considerable property by her savings. She was a person of reserved disposition, however, and communicated with few as to her position in life. Her acquaintance with Greenacre appears to have commenced only about three months before her murder, but the precise manner in which that connexion originated does not seem to have been known to her friends.
CHARLES SAMUEL BARTLETT.
EXECUTED FOR MURDER.
AT the Gloucester Assizes on Thursday the 6th of April 1837, Charles Samuel Bartlett was indicted for the wilful murder of Mary Lewis, his mother-in-law, on the 10th of September, in the previous year, at Stapleton, near Bristol.
The case had excited an unusual degree of interest, and the court was much crowded. On his being called upon to plead to the indictment, the prisoner said, “With the word of God upon my heart and lips, I can firmly and truly say ‘Not Guilty.’ ” This assertion, however, was satisfactorily and by indisputable evidence disproved. The circumstances which were detailed by a great number of witnesses were these:—The prisoner was a young man of decent parentage and education, but of a somewhat dissipated disposition; and he had followed a wandering life as a member of a strolling company of players, called Ingleby’s Company, frequenting fairs, race-courses, and other such places of entertainment. In the month of August 1836, he visited Monmouth with his troop; and having become acquainted with the daughter of a shoemaker named Lewis, he was married to her. He received 45l. as her wedding portion, and a promise of a further amount upon the death of her father; and after a short sojourn with his wife’s friends, he proceeded to join his party. On the 5th of September, hearing that her daughter and son-in-law were at Bristol, Mrs. Lewis went to see them, and she visited them there repeatedly, the prisoner being engaged in the usual manner in attending the fair. On the 9th of September, Bartlett was seen in the possession of a horse-pistol; and he sent a boy to purchase powder and percussion caps, and the boy saw him roll up a piece of lead in the form of a bullet. Previously to this he and his mother-in-law had had some difference; but on Saturday, the 10th of September, they quitted his lodgings together, and were seen walking on the Stapleton-road. They entered the Mason’s Arms, and partook of some refreshment; and while there Bartlett borrowed a knife from the landlady, saying that he wanted to cut a piece of wood. He went out to the back yard with it where the firewood was kept; and on his return to the house, he was observed to be agitated, and he strove to conceal his features. Having then paid for the liquor which they had had, he and Mrs. Lewis went away, and they were seen to turn down a place called Tebbutt’s-lane, leading towards the river Frome. Soon afterwards a shot was heard; and within an hour the murdered body of Mrs. Lewis was discovered stretched on the ground. Her dress was disordered, her bonnet and shawl had been torn from her person, and one of her legs was found doubled under her, as if in the agonies of death. She was instantly conveyed to the Mason’s Arms; and upon an examination of her person she was found to have been shot through the back part of her head, the ball having passed through her bonnet. Bartlett went to the Mason’s Arms to see the body; and on being introduced to the room where it lay, he exclaimed, with affected surprise, “Good God! it is my mother-in-law!” Suspicion had already attached to him, and he was now taken into custody; and upon his lodgings being searched, a pistol was found which had been recently discharged, together with a piece of wood newly cut into the form of a ramrod. The evidence extended into the most minute particulars in reference to the transaction; and the chain of proof which was procured, appeared to leave no possible doubt on the guilt of the prisoner.
The defence which was set up was, that Bartlett had left his mother-in-law immediately on his quitting the Mason’s Arms, and that the pistol which had been found at his lodgings was one which he had been in the habit of discharging at the fairs, in order to attract attention to his employer’s booth.
The trial lasted during the whole of two days, and then a verdict of “Guilty” was returned. Upon the unhappy man being called up for judgment, he threw himself into a theatrical attitude, and delivered a set speech of some length, which was distinguished by great force and vehemence both of style and manner, and produced an extremely strong and painful sensation throughout the court. He stated in substance that he should meet his death with firmness and resignation, protesting his innocence even in his dying moments, and calling upon God to visit with his awful retribution the murderer of his mother-in-law. Sentence of death was then passed, and the prisoner was removed from the bar.
On Saturday, the 15th of April, the sentence of the law was carried into effect upon the wretched criminal. He had been visited by the clergymen of the jail, but they could not succeed in making any impression on him; and although in his demeanour he was serious and respectful, he remained firm and prompt in his denial of the existence of any circumstances from which an inference of his guilt or even guilty knowledge could be drawn.
Throughout the whole of the preparations for his execution he maintained his characteristic steadiness; and he walked from his cell to the platform without any appearance of wavering, except that his face became fearfully pale. He held a bible in his hand, and bowed respectfully to the various officers presiding over this final operation of the law. When arrived on the drop he gazed on the assembled multitude, and looked as if he desired to address them. The executioner motioned for silence; and perfect stillness prevailing, he spoke in a calm and impressive manner as follows:—
“Englishmen and Fellow-countrymen—I have a few words to say to you, and they shall be but very few. Yet let me entreat you, one and all, that the few words that I shall utter may strike deep into your hearts. Bear them in your mind, not only now while you are witnessing this sad scene, but take them to your homes—take them and repeat them to your children and friends. I implore you, as a dying man, one for whom the instrument of death is even now prepared; and these words are, that you may loose yourselves from the love of this dying world, and its vain pleasures. Think less of it, and more of your God. Do this; repent! repent! for be assured that without deep and true repentance, without turning to your heavenly Father, you will never attain or can hold the slightest hope of ever reaching those bowers of bliss and that land of peace to which I trust I am now fast advancing.—I will say a few more words. All good Christians and repentant men that behold my disgrace here, shall—at least I trust they will—behold my glory hereafter; and my last words are—I am an injured man!” The cap was then drawn over his face, and in a few moments the drop fell from under his feet, and he ceased to exist. As an instance of the cool determination of this wretched man, we may mention, that on being locked up on Friday night, he inquired if there was a phrenologist in the town, and on being answered in the affirmative, he expressed a wish that his head might be delivered to him, and that his trunk, for the good of society, might be sent to the Infirmary.
JOHN SMITH, alias DAY; JOHN VARNHAM; AND GEORGE TIMMS.
EXECUTED FOR MURDER.
AT the Norwich Assizes, on Thursday the 6th of April, 1837, John Smith, alias Day, John Varnham, and George Timms (all of whom were about the age of twenty-six), were indicted for the wilful murder of Hannah Mansfield, at Denver, in the County of Norfolk, on the night of Monday, the 1st of January, in the same year. The unfortunate object of this violence was a woman of about forty years of age, who resided alone in a house at Denver, adjoining a common, across which a path led from the high road to the residence of the deceased, and of a Mrs. Dungay, which was under the same roof. Being possessed of a small property, (of what nature it did not appear), this woman had eked out her subsistence by professing the mysterious trade and occupation of a conjuror and fortune-teller, in which she had gained much reputation among her neighbours and such was her success that she had become (unfortunately for herself), the possessor of a considerable quantity of silver plate, consisting of cream jugs, tankards, table and tea-spoons, sugar-tongs, and four salt-cellars. These articles she was wont to keep in a corner cupboard; and she had been known, on many occasions, boastfully to have displayed what, for persons in her class of life, was esteemed wondrous wealth; in addition to which her more intimate friends had frequently seen her take out her curious old leathern purse, and empty its precious contents in her lap, and count out her treasures. These latter consisted of various coins current in England, at the beginning of this century, which the poor fortune-teller used to take an especial pride in burnishing, and keeping as bright as they had ever been on the day they first issued from the Mint.
Such being the habits and situation of the deceased, Hannah Mansfield, it was shown that the prisoner Smith had, about fifteen months before, had an opportunity of becoming acquainted with them, for he was known to have called late one evening at Mrs. Dungay’s house, when he asked, “for advice on some losses;” but being advised of his mistake, he was conducted by Mrs. Dungay to the conjuror. There he held a conversation at the door of the house, while two men, by whom he was accompanied, stood aloof. Satisfied with the result of his visit he went away, and nothing more was seen of him till about eight o’clock of the evening preceding the night on which the murder took place, when it was proved that he was seen, with two other men described in a manner corresponding to the other two prisoners, by a boy, on the high road leading to Denver, at a spot about three miles from that place. Thence they proceeded to a public-house at Hilgay, where they remained till nearly eleven o’clock, drinking and spending the evening in the public room. This was the last time they were seen that day. During the night a noise was heard to proceed from the fortune-teller’s door, by Mrs. Dungay, and she got up, and opening her window, listened. Nothing more being heard, no further notice was taken of the circumstance till next morning, when it was discovered, about ten o’clock, that the poor creature had been most foully murdered, and her property carried off. Suspicion rested on the prisoners; they were traced through the snow, and, upon the clearest testimony, the atrocious deed was fixed upon them. They were found guilty, and received sentence of death.
During their subsequent imprisonment they confessed their guilt. They were all men of low station, and procured a livelihood as labourers; but occasionally employed themselves in the less creditable occupation of tramps. Lately before the murder they had been engaged as workmen on the railroad at Berkhampstead. Smith, it appeared, was the leader of the party, and he had persuaded his companions to assist him in the execution of his plot. He had obtained information of the riches of the deceased during a short residence at Downham, in the beginning of the year 1836. He then determined on robbing her, but was unable to put his design into execution until January 1837, when he procured the co-operation of his fellow-convicts. Both of them had expressed unwillingness to join in the enterprise, but Smith led them on, and he and Timms murdered the old woman, while Varnham kept watch. Varnham was respited, and his sentence commuted to transportation; but Smith and Timms were executed on Saturday the 29th of April, 1837.
GEORGE DARWELL.
CONVICTED OF EMBEZZLEMENT.
THE scene of the very extraordinary case of this person was Liverpool, where he had for a considerable time occupied the situation of confidential clerk to Mr. Wolstenholme, a cotton-broker of that city. On Saturday the 14th of October, 1837, he was taken in the custody of Whittle, a police-officer, before Mr. Hall, the chief magistrate of Liverpool, charged with having embezzled a sum of money amounting to 8,264l. the property of his employer: and at the same time a fat and somewhat vulgar woman, named Frances M‘Lean, alias Flood, alias Butler, and Richard M‘Lean, were charged with having participated in the proceeds of the robbery.
The circumstances of the case were remarkable, and afforded a striking instance of the extent of delinquency which may be produced by the commission of one error. Darwell was about fifty years of age, and it appeared that some years before his apprehension he had formed an intimacy with Mrs. M‘Lean, the result of which was the birth of an infant. Alarmed for the effects which a general knowledge of this circumstance might produce upon his character, he was induced to hand over to her various sums of money, to secure her silence as to the paternity of her child; and his own means being exhausted, he at length gave her money which was the property of his employer. Having thus taken one false step, every month served to increase his difficulties; and the new demands which were made upon him, accompanied by threats of exposure if they were not complied with, in the course of a considerable length of time, drew from him various amounts, until at length he had appropriated money to the extent of upwards of 8,000l., of his master’s property. The abstraction of so large an amount, it may be presumed, could not long remain undiscovered, and at length Whitty having received certain information upon the subject, he took the prisoner into custody. Darwell at once candidly confessed to him his criminality, and explained to him the manner in which he had disposed of the money; informing him at the same time that he would find Mrs. M‘Lean residing in Junction-street, Manchester. Whitty, in consequence, proceeded thither, and finding the male prisoner M‘Lean, he demanded to know whether he was acquainted with a person named Darwell? He answered in the negative; but the officer having searched the house, found a great number of documents in the handwriting of Darwell, which appeared to be letters in which money had been transmitted to the female prisoner. M‘Lean, it was ascertained, had been recently married to the woman, and it was also found that he had engaged largely in the business of brick-making, and had a stock valued at between 2,000l. and 3,000l. Mrs. M‘Lean was not then in the house, and upon his return to Liverpool Whitty found that she had just before arrived there, having started upon another expedition to procure money from Darwell. Upon his finding her, he acquainted her with the fact of the apprehension of Darwell, when she declared her regret for what had occurred, and admitted that she had received about 8,000l. from him; but assured the officer, that she had always believed that the money belonged to Darwell himself, whom she took to be a person of property. She expressed her willingness to give up all that she retained, but asserted her innocence of any felonious intention. The officer added, (in his evidence), that he had found books in the possession of the female prisoner, in which the amounts, which she had received from Darwell, were regularly entered and posted up; and he ascertained from them, that since the preceding Christmas, he had paid her no less than 2,273l.
These were the main facts of the case, and a legal gentleman, who attended for the two M‘Leans, contended that there was nothing in the proofs to implicate them in the felonious charge. The prisoners were all remanded; but after another examination the M‘Leans were set at liberty, and Darwell was committed for trial.
Between the period of the inquiry before the magistrates, and the final investigation of the case before the jury, upwards of 5,000l. were given up by the M‘Leans to Mr. Wolstenholme; and a singular circumstance in the transaction was elicited, in the fact that Mrs. M‘Lean, at the very time at which she was so unscrupulously receiving such large sums from Darwell, was in the possession of a handsome annuity, granted to her by a merchant resident in America, in respect of the same child, which had been the cause of the unfortunate Darwell’s crime.
At the Liverpool sessions, on Friday the 27th of October, Darwell was put upon his trial. The facts of the case were clear and uncontradicted, and a verdict of “Guilty” was returned. Mr. Wolstenholme recommended the convict to the mercy of the court; and in consideration of the atonement which he had made, by his confession and interference to procure the return of the money, he was sentenced to twelve months’ imprisonment only.
GEORGE FLETCHER, WILLIAM ROACH, AND THOMAS TAYLOR.
EXECUTED FOR MURDER.
THESE unhappy men underwent the infliction of the penalty of death for the murder of an aged pensioner of the 49th regiment of foot, named William Bennett, on Wednesday evening, the 28th of October 1837.
It appears that Bennett, the murdered man, had lived at Temen-green, a place about four miles distant from Hertford, for a great number of years, and he had a pension of one shilling and tenpence halfpenny per day, which he was in the habit of going to Hertford to receive quarterly. He went to Hertford for that purpose on the day of the murder, and called upon Mr. Duncan, the superintendant of the Hertford police, who accompanied him to receive his pension, which amounted to nearly ten pounds; and Mr. Duncan observed that at this time he had more money about him. He left Hertford about four o’clock in the afternoon, perfectly sober and collected. Nothing more was seen of him until about half-past four o’clock, when a boy named Bolton met him about a quarter of a mile from his own house, and he also observed four men in the wood by the road side, who were evidently watching the unfortunate man. The boy said to the deceased, “Who are those men?” The deceased replied, that he knew who they were very well, and he did not mind them. The boy went on his way, and the deceased was never more seen alive. A labouring man going to his work about half-past five o’clock on the next morning, saw the body of a man lying by the roadside at Temen, and on going close to it he discovered it was that of the deceased. He immediately gave an alarm, and assistance being procured the body was taken to the Feathers public-house, Temen-green, where Mr. Davies, a surgeon, was sent for. It was then discovered that the head of the deceased had been literally crushed by repeated blows of a bludgeon and kicks. It was found that the bulk of the deceased’s money had been taken, as well as his watch and pocket-book, but in his waistcoat pockets were still a half-sovereign and a small quantity of silver, and some half-pence. The moment the knowledge of these facts came to the magistrates of Hertford, they took the most prompt measures to apprehend the parties who had perpetrated the horrible crime, and Mr. Duncan, the superintendant of police, received directions to institute the minutest inquiries upon the subject with that view. Accordingly Mr. Duncan, accompanied by Knight and Baker, two of his men, proceeded to the neighbourhood of Temen-green, and they there obtained information which led to the apprehension of two men, Fletcher and Sams, the former at Burling-green, near the place where the murder was committed, and the latter at a beer-shop in Hertford.
Subsequent inquiries led to the belief that two young men, named Taylor and Roach, were also engaged in the perpetration of the murder; and, in the course of a few days, the latter was apprehended. For some time after they were taken into custody, the prisoners persisted in denying their knowledge of the deceased or of his murder; but after about a fortnight’s imprisonment, they sent for Mr. Carter, a magistrate, to whom each of them in succession made a statement. The story which they all related implicated them in an intention to rob the deceased, but they denied that they had attacked him with the object of committing murder. Sams, however, they stated, was no party to the actual attack, although he had consented to accompany them, for that he became alarmed before they came up with the deceased, lest he should recognise him, and turned back. The others then advanced, and, getting close behind the old man, tripped him up and fell upon him. He struggled violently on the ground, and exclaimed that he knew them, but they robbed him of his money and then beat him violently. After this they went away and divided the booty; and on the next day heard that the old man was dead. Roach now absconded to London, but was taken into custody in the crowd assembled to witness the procession of her majesty into the City on Lord-mayor’s day, by a police-constable, who recognised him from the description of his person which had been circulated. They all stated that Taylor, who was now nowhere to be found, had been the most active in the murder and robbery; but that he, as well as they, had had no original intention to commit any violence upon the deceased.
On Friday, the 2nd of March 1838, the three prisoners were put upon their trial before Mr. Justice Vaughan, at the Hertford Assizes, and the jury, after a patient inquiry, found Roach and Fletcher “Guilty,” but acquitted Sams.
Sentence of death was immediately passed on the convicts, and on Wednesday, the 14th of March, their execution took place. Both the culprits were mere lads, and the most strenuous exertions had been made to save them, but without effect. They conducted themselves with much propriety while they were in prison, but maintained a firm consistency in their assertion that murder had formed no part of their object when they first attacked the old man. They met death with much fortitude and resignation.
In the following month of September, Taylor was recognised at Plymouth, whither he had gone with the 15th regiment of foot, into which he had enlisted almost immediately after the murder, in the name of Evans. He was sent back to Hertford, and, at the ensuing Spring Assizes was tried, convicted, and executed.
RIOTS AT CANTERBURY.
THESE singular but mischievous riots occurred on Thursday, the 31st of May 1838, at a place called Bossenden Wood, situated about five miles from the ancient city of Canterbury, and were the result of the pranks of a madman who had assumed the title of Sir William Percy Honeywood Courtenay, Knight of Malta, and whose insane spirit communicated itself to the rustics, and produced severely calamitous consequences. The infatuation with which this insane impostor was followed, and even worshipped, by the peasantry of the district into which he intruded himself, affords a striking and melancholy proof of the magic powers of fanaticism. But while one is not surprised that among the lower orders he should find persons incapable of resisting his wily and specious arguments, and the impudent falsehood of his assertions, it cannot but be the subject of the greatest astonishment that he should have procured the countenance, during a very considerable period, of individuals of superior rank and education in the county.
The best mode of introducing this extraordinary event will be by detailing succinctly the circumstances of the early life of the supposed Sir William Courtenay. The real name of this pretender was John Nichols Thom, and he was the son of a small farmer and maltster at St. Columb, in Cornwall. While yet a lad, he procured employment in the establishment of Messrs. Plumer and Turner, wine-merchants of Truro, as cellarman; but after five years’ service, the firm was broken up, and the business ceased. Thom now commenced trading on his own account, as a wine-merchant, maltster, and hop-dealer, and for three or four years he carried on his trade with great apparent respectability. At the end of that time his premises and stock were consumed by an accidental fire, and he recovered from an Insurance-office, for the losses which he alleged he had sustained by this event, the sum of 3000l., being a much larger amount than those judged him to be entitled to, who were well able to form an opinion as to his probable station in the world. Subsequently he re-built his house and continued his trade; but, after about two years more, he made a considerable sum of money by a successful venture in malt, which he disposed of in Liverpool. For two years after this event he was lost sight of by his friends, and it was presumed that he was out of England, and the first intimation which was received of his return was his declaring himself a candidate to represent the city of Canterbury in Parliament, under the name of Sir William Courtenay, in the month of December 1832. He was found to have taken up his residence at the Rose Hotel, Canterbury; and the splendour of his dress, and the eccentricity of his manners, soon gained for him many admirers, even among the respectable inhabitants of the town. During his canvass he increased the number of his friends, and his success in procuring supporters was most extraordinary. His effort, however, was not fortunate. His opponent candidates were the Hon. R. Watson and Lord Fordwich, the former of whom obtained 832 votes, the latter 802, while Courtenay polled 375. This attempt gained him many friends, and great popularity among the lower orders. His persuasive language was exceedingly useful to him; but the peculiarity of his dress, combined with the absurdity of many of his protestations, induced a belief among some of those to whom he procured introduction that he was insane.
After his defeat he did not confine his proceedings to Canterbury alone, but he passed through most of the towns in Kent, declaiming against the poor laws, the revenue laws, and other portions of the statutes of the realm which are usually considered by the poor to be obnoxious to their interests. By his speeches he obtained much éclat; but his exertions in favour of some smugglers led him into a scrape, from which he was likely to have suffered serious consequences. An action took place in the month of July 1833 between the revenue cruiser Lively and the Admiral Hood smuggler, near the Goodwin Sands, and, in the course of the flight of the latter vessel, and her exertions to escape from the Lively, her crew were observed to throw a great number of tubs overboard, which, on their being picked up, proved to contain spirit. The Admiral Hood was captured, but no contraband goods were found on board; and, on the men being taken into custody, Courtenay presented himself as a witness before the magistrates. He swore positively that he had seen the whole of the action, and that no tubs had been thrown from the Admiral Hood; and he further stated, that he had observed those which had been picked up by the revenue men floating in the sea all day. This was so diametrically opposed to the truth, that a prosecution for perjury was determined on, and he was indicted at the Maidstone Assizes on the 25th of July 1833. A verdict of conviction followed; and Mr. Justice Park, the presiding judge, passed a sentence of imprisonment, to be followed by seven years’ transportation. The difficulty in which he was placed, however, having reached the knowledge of his friends in Cornwall, they made representations to the Home-secretary that he was insane; and, after having suffered four years’ confinement in a lunatic asylum at Barming Heath, he was at length liberated, on bail being given for his future good-behaviour.
He now took up his abode at the residence of Mr. Francis, a gentleman of fortune, of Fairbrook, near Boughton in the neighbourhood of Canterbury, and he speedily resumed his wild efforts to gain popularity for himself. His dress now was similar to that which he had worn before his incarceration; and the following sketch of his personal appearance, extracted from the romance of Rookwood, by Mr. Ainsworth, well describes him. “A magnificent coal-black beard decorated the chin of this worthy; but this was not all—his costume was in perfect keeping with his beard, and consisted of a very theatrical-looking tunic, upon the breast of which was embroidered in golden wire the Maltese cross; while on his shoulders were thrown the ample folds of a cloak of Tyrian hue. To his side was girt a long and doughty sword, which he termed, in his knightly phrase, Excalibur; and upon his profuse hair rested a hat as broad in the brim as a Spanish sombrero. Exaggerated as this description may appear, we can assure our readers that it is not overdrawn; and that a counterpart of the sketch we have given of the ruffler certainly ‘strutted his hour’ upon the stage of life, and that the very ancient and discriminating city of Canterbury (to which be all honour) was his theatre of action. His history is so far curious that it exemplifies, more strongly than a thousand discourses could do, how prone we are to be governed by appearances, and how easily we may be made the dupes of a plausible impostor.”
His impositions, unfortunately, proved as mischievous as they were plausible. He succeeded in persuading many of the ignorant peasantry that his origin was as high as that of the Saviour. His visits to the cottages of the labouring classes were numerous; and his striking appearance seems to have had considerable influence upon the minds both of men and women. An observation made by one of them, that he was like a picture which was suspended in a room where he stood, representing the Son of God, induced him to assume this holy character; and the infatuation of the lower orders forbade their disbelieving the stories which he related. He is stated even to have asserted that he was the Redeemer himself, and that the marks of wounds were still visible upon his hands and feet, and on his sides, but it can hardly be supposed that he could long have maintained this character, as his hands upon subsequent examination proved to be unscarred. Many of the poor people believed that he was in the habit of receiving barrels of sovereigns every week to meet his current expenses, and that he was the rightful owner of some of the largest estates in Kent, from the possession of which he was only driven by the violence and fraud of their present holders.
A misunderstanding with Mr. Francis compelled his retirement from that gentleman’s house, and he took up his abode at the residence of one of his most devoted followers named Wills, from whence subsequently he again removed to the farm-house of a person named Culver, at Boughton. During these changes he was constant in his exertions among the poorer classes; and the influence which he obtained over them was extraordinary. The women excited their husbands and sons to join him, “because he was Christ, and unless they followed him, fire would come from Heaven and burn them.” They asserted, as he had declared, that “he had come to earth upon a cloud, and would go away from it on a cloud;” and instances were not unfrequent in which the misguided people, the subjects of his imposture, had actually worshipped him as a God.
At length this excitement was destined to be brought to a conclusion; but not without the occurrence of events which are deeply to be lamented.
On Monday, the 28th of May, Courtenay, with about ten or fifteen followers, sallied forth from the village of Boughton, without having any very distinct or apparent object in view, and proceeded at once to the cottage of Wills. Here they formed themselves into a species of column; and a loaf having been procured, it was broken in halves, and one half of it was placed on the top of a pole, which bore a flag of blue and white, upon which a lion rampant was drawn. Wills having joined them, they all proceeded to Goodnestone, near Faversham; Courtenay, as they went along, haranguing them and the country people whom they met, and producing a great deal of excitement and astonishment at his proceedings. From thence they went to a farm at Herne Hill, where they received food, and then to Dargate Common. By Courtenay’s desire they all went to prayers here; and after that they returned to Bossenden Farm, where they retired to rest in a barn. At three o’clock on Tuesday morning, they went to Sittingbourne, and Courtenay provided them with breakfast, for which he paid twenty-seven shillings; and then they went to Newnham, where, at the George Inn, they had a similar treat. After visiting Eastling, Throwley, Seldwich, Lees, and Selling, where, as at Sittingbourne and Newnham, speeches were made, and new followers obtained, the party again returned to Bossenden farm.
During these progresses, it appears that Mr. Curling, a respectable farmer, lost some of his labourers, who were enticed away from their work by the crowd; and disinclined to permit them to join the riotous proceedings of Courtenay and his party, he went before a magistrate of the district, by whom, at his desire, a warrant was issued for their apprehension. Nicholas Mears, a constable, and his brother, were entrusted with the warrant for execution; and on Thursday morning at about six o’clock they went to Culver’s farm-house to secure the men. Upon their presenting themselves, Courtenay and several of his followers appeared; and almost before the unfortunate Mears could state his object, Courtenay drew a pistol from his breast and shot him dead. He returned into the house, exclaiming to the men who were there, “Now, am I not your Saviour?” and then going out again, he discharged a second pistol at the body of Mears, and mutilated his body with his sword.
This diabolical murder was communicated to the magistrates directly afterwards, and they proceeded to take steps for the apprehension of Courtenay. But the latter immediately called out his men, and marched them to Bossenden Wood, and there he administered the sacrament to them in bread and water. This over, a man named Alexander Foad, knelt down in the presence of the rest and worshipped him; and while on his knees, he demanded to know whether he should follow him in the body or whether he should go home, and follow him in the spirit? Courtenay answered, “In the body;” upon which Foad jumped up with great exultation, exclaiming “Oh! be joyful, be joyful; the Saviour has accepted me. Now go on; I will follow you till I drop.” Another man, named Blanchard, also worshipped him; and Courtenay then, in answer to a question which was put to him, said that he had shot the constable, and had eaten a good breakfast afterwards; and added, “I was only executing the justice of heaven in consequence of the power God has given me.” At twelve o’clock Sir William and his followers had shifted their position to the Osier-bed, and here he harangued them, informing them that he was invulnerable, and that they also could not be hurt by reason of the faith they put in him. He defied the attack of the magistrates, which he declared would do neither him nor them any harm; but then he proposed that they should take up a position in ambush in the wood. This was agreed to; and on their way thither, seeing the Rev. Mr. Handley, of Herne Hill, observing their motions, Courtenay fired at him, but happily missed his aim.
In the mean time the magistrates had been taking such steps as they deemed advisable, for the maintenance of the public peace; and in order to secure the person of the leader of these extraordinary proceedings, with his followers. Acquainted with the desperate violence of Courtenay, by his act of the morning, they deemed it unfit that an unarmed force should be brought in opposition to him and his party, and they in consequence despatched a messenger to Canterbury, requiring the aid of the military. A detachment of one hundred men of the 45th Foot, under the command of Major Armstrong, was at once placed at their disposal, and marched to Boughton. The rioters were known to be posted in Bossenden Wood, from the information of out-scouts; and in that direction the troops, accompanied by the magistrates and special constables, were marched. The position of Courtenay was ascertained to be about a mile from the road in Bossenden Wood. The wood was of very considerable extent, but was intersected by two roads; and it was found that the insurgent party were placed so that their front and rear were covered by the roads right and left. The military were in consequence divided; and while one party of fifty took the road nearest Canterbury, under the command of Captain Reed, the other was conducted by Major Armstrong, assisted by Lieutenant Bennett, and Lieutenant Prendergast, along the road next Boulton-under-Blea. Thus the insurgents were placed between the two bodies of troops, and their only chance of escape was to take a straight line through the woods. For this, however, the madman who was their leader, was in nowise disposed, and he soon presented himself to Major Armstrong’s troop. He was required to surrender; but without waiting to give any answer, he called upon his followers, (now only between thirty and forty in number), as if to prepare for the approaching conflict, and rushed at Lieutenant Bennett, who was rather in advance of the soldiers. Lieutenant Bennett observing this movement, rushed forward also, sword in hand; but almost before he had reached his assailant, Courtenay presented a pistol, fired, and the ball entered the right side, and passed completely through the body of the young officer, killing him instantaneously. At this moment Courtenay was felled to the ground by a constable named Millwood, but he jumped up again, and at the instant of his regaining his feet, he was shot by the troops. The order to “fire,” was then given by Major Armstrong, and being mounted, he dashed in among the peasantry. By the discharge eight men were killed on the spot, and several others were wounded; but the wretched peasantry fought desperately, until at length, perceiving the dreadful consequences which must result from persevering in their resistance, they at once dispersed, and scattered themselves through the woods. In the course of the afternoon twenty-seven prisoners were made by the military and constables, and of these seven were wounded, two of them mortally. Of the party who were employed in maintaining the law, George Catt, a constable, who acted with much determination, was shot under the mistaken impression that he was one of the rioters; and Lieutenant Prendergast received a contused wound on the head from the bludgeon of an insurgent.
During the remainder of the week the coroner of the county was engaged in conducting the necessary inquiries into the cause of death of the deceased persons. Evidence, the general effect of which was that which we have stated, was produced, and the result of the investigation fully bore out the course which had been adopted by the magistracy. Verdicts of “Wilful Murder” were returned in the cases of the constable Mears, and of Lieutenant Bennett, against Courtenay and his adherents; while in the case of Catt, the jury found “That he had been killed upon an erroneous belief that he was a rioter.” In the cases of death which had occurred amongst the insurgents, the jury found a verdict of “Justifiable Homicide.” The scene which presented itself, during the sitting of the jury, was distressing in the extreme. The Red Lion, at Boughton, was the place at which the coroner conducted the investigation; and there also all those prisoners who were suffering from the wounds which they had received were detained; while in the stable attached to the house, the bodies of the slain were extended. In the yard were the wives, widows, and children, of these deluded men, lamenting bitterly the position of danger into which the fanaticism
Courtenay shooting Lieut. Bennett.
P. 454.
of their relations had drawn them. During the sitting of the jury, two of the wounded men died, and upon their decease being communicated to the crowd outside, they gave vent to new expressions of grief. The body of Lieutenant Bennett lay in an upper chamber of the inn, and was a melancholy spectacle. The unfortunate gentleman was about twenty-five years of age, and had just obtained leave of absence, when the news of the riots reaching the barracks, he applied for and obtained permission to join the party.
At the conclusion of the proceedings before the coroner and the magistrates, the following prisoners were committed for trial, viz.:—Thomas Mears, alias Tyler, (the cousin of the murdered constable); Alexander Foad; William Nutting; William Price; James Goodwin; William Wills; William Spratt; John Spratt; John Silk; Edward Curling; Samuel Edwards; Sarah Culver; Thomas Myers, alias Edward Wraight; Charles Hills; Thomas Ovenden; William Couchworth; Thomas Griggs; William Foad; and Richard Foreman.
The names of those rioters who were killed, were, William Courtenay; William Burford; George Griggs; George Blanchard; William Foster; Phineas Harvey; Edward Wraight (the elder); William Rye; George Bonchett; and Stephen Baker.
The prisoners Mears, Alexander Foad, and Couchworth, were wounded. Foad was a respectable farmer, cultivating a farm of about sixty acres; and it was a matter of some surprise that he should have been implicated in so extraordinary a proceeding. The prisoner Sarah Culver was a woman about forty years of age, of respectable connexions, and possessing considerable property. She had been a devoted follower of Courtenay; but it was presumed that she, like him, was insane. The other prisoners were all persons of inferior station.
On Tuesday the 5th of June, the greater number of those who had been killed at the riot were interred in the churchyard of Herne Hill. Amongst these was Courtenay; and the funeral attracted a vast assemblage to the place. Considerable apprehensions were entertained lest the mob should use any violence to prevent the burial of their late fanatical leader, for many had been heard to declare their firm belief that he would “rise again;” but the whole affair passed off quietly, and no new outrage was committed. The bodies of the other deceased persons were buried by their friends.
At the Maidstone assizes, on Thursday the 9th of August, 1838, the trial of the prisoners commenced before Lord Denman.
The first persons who were tried were Mears and Price, and after a long investigation they were found guilty of being parties to the murder of Mears the constable, but recommended to mercy, on the ground of their having been led astray by their infatuation in favour of Courtenay.
Sentence of death was at once passed upon the prisoners, but they were informed that their lives would be spared.
On the next day, William Wills, Thomas Myers, alias Edward Wraight, Alex. Foad, Edward Curling, Thomas Griggs, Richard Foreman, Charles Hills, and William Foad, were indicted for the murder of Lieutenant Bennett; but upon their being arraigned they pleaded guilty, upon the same understanding as that which existed in the former case, namely, that their lives should be spared. The prosecutions in the cases of the other prisoners were not proceeded with, and they were discharged from custody.
On Friday the 17th of August, the extent of the commutation of the punishment of the convicts was made known to them. Mears and Wills were ordered to be transported for life; Price was ordered to be transported for ten years; and Wraight, the two Foads, Curling, Griggs, Foreman, and Hills, were directed to undergo one year’s imprisonment and hard labour in the House of Correction, during which, each of them was to pass one month in solitary confinement. A pension of 40l. per annum was granted to the widow of Mears the constable, in consideration of the death of her husband.
The unfortunate Courtenay appears to have been a man by no means devoid of ability, and who had turned what little education he possessed to the very best account. His speeches were energetic and well put together, and he possessed an ample flow of language. He was abundantly supplied with scriptural quotations, and appeared to be fully and intimately acquainted with the Old and New Testaments.
Shortly before the dreadful affray in which he lost his life, he left off the picturesque attire in which he had hitherto been in the habit of dressing, and assumed one of a more homely character. This was a blouse or frock of brown holland with a black belt, in which he carried a brace of pistols; and a round bat. He was usually also armed with a sword and dagger; but his miserable followers possessed no other weapons than those which the hedges or woods through which they passed afforded them. It is remarkable that none of them were of so low a station as to render it at all probable that want had induced them to listen to the insane promises of their leader. The precise object which was held in view appears to have been unknown even to the misguided men themselves; but the general impression was, that Courtenay, by his power, would take possession of all the private estates of the county, which he would bestow upon his trusty followers. The Sunday after the riot, according to the statements and promises which he made, was to have been “a glorious but a bloody day,” and some persons did not scruple to assert that it was his intention on that day to fire Canterbury. The distressing events, therefore, of the 31st of May, it is probable, served to prevent the occurrence of scenes even more terrible. The belief which existed among the lower orders that Courtenay would rise again from the dead was one which could scarcely be driven from their minds, even after they had seen that the process of decomposition had commenced in his remains. He had told one of his disciples, a woman, that if a little water were placed between his lips after his apparent death, he should rise again in a month; and so firm was the belief in his assertion of his and his followers being invulnerable, that the wretched men at the conflict in Bossenden-wood fought for a time with the most reckless carelessness of the consequences.
The visual proof of the existence of a degree of superstition so gross as that which is shown here to have been exhibited is almost necessary to induce its belief; but there can be no doubt that the lamentable ignorance and fanaticism of the peasantry was even more striking than we have described it to be. The general happy contentedness of the inhabitants of the county of Kent—the agricultural, and, therefore, simple nature of their employment—the proximity of their position to the metropolis, and the high state of cultivation to which the soil of that county has been brought, one would have thought would have tended to forbid the possibility of such occurrences among them. These remarkable details, however, only serve to afford an additional proof of the facility with which the human mind is moved, and how open it is to the operations of the allurements of fanaticism.
WILLIAM FRANCIS ADAMS.
TRANSPORTED FOR LARCENY.
THIS wretched convict there is too much reason to believe was guilty of the horrible crime of parricide, as well as that of larceny, of which he was convicted, although the evidence to show his participation in the more serious offence was deemed too inconclusive by the jury to warrant his conviction upon that charge.
At the time of his first trial, on the 16th of March, 1838, Adams had only recently reached his eighteenth year, and the charge which was then preferred against him was that of the wilful murder of his father. Upon this indictment he was acquitted; but within a few days of his liberation from custody he was again committed to gaol, upon a charge of threatening an old shepherd who had given evidence against him. Some new evidence of his guilt was obtained during this imprisonment of the unhappy youth, and on Thursday the 26th of July he was again indicted at the assizes held for the county of Buckingham, at Aylesbury. His acquittal upon the charge of murder rendered it impossible that he should be tried a second time for that offence; and the allegation in the indictment now preferred was, that he had stolen a pocket-book containing notes and cash, the property of his father.
The circumstances which appeared in evidence were these:—Old Adams was a man of some property, both personal and real, and lived at Burcot, near Wing, in Buckinghamshire. On the 28th of December, 1837, both he and his son (the prisoner) were seen by the workmen employed about the farm to go by different directions towards a place called the Fox-hill cow-house, which they entered about the hour of half-past two. From that time the old man was never more seen alive; but his son was shown to have ridden home at four o’clock on a mare on which his father had been seen at the hour first mentioned. In consequence of his non-appearance at nightfall, a strict search was instituted, which eventually resulted in the discovery of the body, cold and extended under some hay in the cow-house, with rifled pockets, and marks of injury produced by gunshot wounds in his head, which were quite sufficient to have caused instant death. At the time no suspicion was aroused against the prisoner, but on the following day he was taken up, and at the spring assizes tried for the murder of his father. Of this charge, however, after a trial of nearly fourteen hours’ duration, he was acquitted, and, being set at large, returned to his home, but shortly after his liberation, in consequence of the further statements of a fellow-prisoner (who had given at the former trial the most material testimony of an ample confession by the prisoner, but who had been discredited, we presume, for want of corroboration by other witnesses), the young man was again arrested, and after an examination before the magistrates, finally committed to take his trial at the present assizes for the offence of stealing the pocket-book and its contents as above stated. To support this charge, the former witness, James Fuel, was now again called, who deposed to the fact of “Young Adams” having asked him, during the time they were in prison together, before the first trial, if he could get anybody to get him some money if he told him where it was to be found? Upon which, his brother Richard being sent for, Adams wrote two notes, which were given to Richard with directions to “go by them.” These notes Richard now stated that he showed to three persons who read their contents to him, and who all now deposed that to the best of their memory (the notes having been burned and destroyed) they were to the following tenor:—“This is to inform you where to get the money. Go to Wing, at Burcot, and inquire for Adams’s farm, and then look round and see where the privy is. On the right-hand side, over the door, in a hole betwixt the tilings and the loft, in the day-time, you will find a pocket-book; you will take the money out of the pocket-book, and let the papers remain in, and drop it down against the Cock Inn, Wing.” The second note was as follows:—“The man you have got in hold is innocent. Them as done the deed find it out.” Having possessed himself of this information, Richard Fuel quitted his residence on Pinner-common, for the purpose of going to Burcot and taking the money, in conjunction with two others. They, however, got alarmed, as they said, when they heard that Mr. Adams had been murdered, and desisted from their intentions; but afterwards, some other men, with more nerve, to whom they had disclosed their secret, started on the same errand, and sleeping together at an inn at Tring, chanced to be overheard by the landlord while they discussed the whole affair. This person immediately set out himself, and, going to the house, asked for the prisoner’s brother-in-law, to whom he revealed all he knew of the matter. He, from a very pardonable motive no doubt, and a wish to keep secret so important a fact, for the trial of his relative had not then taken place, invited the landlord to dine, and sending for his lawyer, went in the mean time alone to the privy, where he found, just as he had been told, the pocket-book of his father-in-law. This was now produced, and its contents identified, by a long chain of evidence which we need not particularize, further than by saying that it was most conclusive.—Such is the outline of this extraordinary case, as detailed by the witnesses for the prosecution.
On the other hand, Mr. Andrews addressed the jury, in a speech of great acuteness and power, stigmatising the whole as a base fraud and conspiracy between the Fuels and their friends, who had got up this evidence, improbable and absurd as it was, against the unfortunate youth at the bar, with a view to secure the pardon of James Fuel, who having been convicted of felony since the last assizes, could only become a witness by the pardon of her Majesty. To obtain this wicked end this plot had been concocted, and to show its falsity witnesses would be called who would prove from Fuel’s own mouth, that he had over and over again said that he had got a convict, named Mead, to write the notes, in order that he might say Adams had given them to him, and to induce the magistrates to take up the affair again and clear him from the penalty of his own offence.
To substantiate this defence two men were called, named Daly and Palmer, to the former of whom, when a prisoner, and to the latter also, who had seen him in the prison, he had repeatedly admitted that he had spoken falsely, and had got up the charge for the purposes above mentioned: while another man further swore that Fuel’s character was such that he could not be believed upon his oath.
Mr. Byles having replied upon the whole case,
Mr. Justice Park elaborately, and with the utmost impartiality, summed up the lengthened chain of evidence in an address which lasted to a late hour. At the close of his lordship’s address, which was delivered in a tone and with a manner which showed how deeply the mind of the learned judge had been affected by the painful nature of the inquiry, the jury, after a short time spent in deliberation, returned a verdict of “Guilty.”
The prisoner was then immediately sentenced to transportation for a term of seven years.
FRANCIS LIONEL ELIOT, EDWARD DELVES BROUGHTON, JOHN YOUNG, AND HENRY
WEBBER.
INDICTED FOR A MURDER COMMITTED IN A DUEL.
ON the evening of Wednesday the 22nd of August, 1838, a duel took place on Wimbledon Common, which was unhappily attended with fatal consequences. The principal parties to this melancholy transaction were Mr. Francis Lionel Eliot and Mr. Charles Flower Mirfin; and they were accompanied, the former by Messrs. Young and Webber, the latter by Broughton and another person, whose name, we believe, was never ascertained with certainty, and also by Dr. Scott, a medical gentleman, who attended to render that professional aid which it was deemed possible might be required of him.
The circumstances which led to this duel are stated to be the following:—During Epsom races, 1838, both Mr. Mirfin and Mr. Eliot attended that far-famed sporting meeting. On the Derby-day they were returning to town, Mr. Eliot driving a phaeton, and Mr. Mirfin a gig, when, by some accident, the two vehicles came in contact, and Mr. Mirfin was overturned. In the fall some of his ribs were fractured; and, on getting up, an altercation arose, and offensive language passed, which ended in Mr. Eliot striking Mr. Mirfin a blow on his already injured side, of which injury, however, it is due to say, Mr. Eliot was ignorant. The pain at the moment was excessive, and Mr. Mirfin had only a faint recollection that the name of the party with whom he had come in contact was Eliot; but he had been unable to obtain his address, and therefore had no clue to his discovery, although extremely anxious to call him to an account. Months rolled on, and only on one occasion, till Tuesday night the 21st of August, had he obtained a transient view of Mr. Eliot, in a cigar-shop, but almost instantly lost sight of him. On Tuesday night, in company with two friends, he entered the saloon in Piccadilly, and while he was there he heard the name of Eliot mentioned. The name at once struck him, and, on looking at the party by whom it was acknowledged, he recognised him as the person whom he had so long sought, and from whom he had received a blow. He immediately requested one of his friends, Mr. Broughton, to address Mr. Eliot, and call the matter to his recollection Mr. Eliot admitted the fact, and offered to make an apology. It would seem, however, that neither party was in a situation to enter upon the subject then, and it was agreed that mutual friends should meet at the Opera Colonnade Hotel at twelve o’clock on the next morning to discuss the matter. Mr. Mirfin then proceeded to his residence, No. 2, Pleasant-place, West-square, Lambeth, where he retired to rest. At the time appointed the friends met, when an objection was made on the part of Mr. Eliot to meet Mr. Mirfin. A firm determination having been expressed, however, that such meeting must take place, on a second application to Mr. Eliot he acceded to the proposition, and a hostile meeting was arranged for the same evening, on Wimbledon-common.
The individuals whom we have named accompanied the principals to the intended scene of action; and a fitting spot having been selected, the parties proceeded to adjust the preliminaries. After some conversation among the parties, in which Mr. Mirfin refused to consent to receive a verbal apology, the ground was measured, twelve paces, and the principals being placed in their positions, each provided with a pistol, at a concerted signal both fired, when the ball of Mr. Eliot’s pistol passed through Mr. Mirfin’s hat, whilst that of Mr. Mirfin went harmlessly by his antagonist. Mr. Mirfin then impatiently demanded another pistol, having previously declared he would face a dozen shots rather than submit to the insult he had received. The second fire quickly followed, when Mr. Mirfin, placing his hand on his side, exclaimed, “He’s hit me!” and then, staggering a few paces back, fell into the arms of Dr. Scott and his second. The former soon ascertained that the wound was fatal, and in a moment the unfortunate man breathed his last. The ball had taken a transverse direction, and had passed through his heart. The fatal result being ascertained, Mr. Eliot and the two seconds left the ground in the same carriage, and some casual passengers coming up, the body was lifted into a cabriolet, and immediately driven off the ground. It was conveyed to Pleasant-place, and, with the assistance of Dr. Scott, who resided in Rockingham-row, Kent-road, was laid on the carpet in the parlour, when another medical gentleman, a Mr. Smith, was sent for, and the body was stripped, but all hope of recovery had vanished. It would seem that application was subsequently made to Mr. Reed, an undertaker in the London-road, to prepare a coffin, and to convey the body for interment to a distant part of the country. This he declined; and finding the cause of death, he felt it his duty to inform Mr. Young, a constable in the neighbourhood, who communicated the fact to Field, a police-inspector, who placed the corpse in charge of one of his men until a coroner’s inquest could be held.
On Saturday, the 25th of August, an inquest was held on the body of the deceased, which was continued by adjournment until the following Tuesday, when the circumstances which we have detailed were proved in evidence; and from the statements of the witnesses, the various parties whose names have been mentioned were shown to have been concerned in the affair. The duel appears to have been conducted, however, upon perfectly fair principles, and there was nothing in the conduct of any of the persons present to induce a supposition that any ungentlemanly advantage was taken on either side. Mr. Scott, the surgeon, entered into a detailed account of the whole transaction, which differed in no material degree from the general statement which we have given. The jury returned a verdict of “Wilful Murder” against all the parties concerned as principal or seconds; the verdict as to the latter, however, only referring to them as being accessory to the offence.
At the ensuing session at the Central Criminal Court, indictments were preferred against the various parties concerned; and it being understood that Mr. Broughton would surrender to take his trial on Friday the 21st of September, on that day the court was much crowded.
Upon Mr. Broughton being called, however, he did not appear, and his absence was stated to be accounted for by the indisposition of Mr. Clarkson, who had been retained as counsel on his behalf; but Messrs. Webber and Young presented themselves, and declared themselves ready to take their trial. They were defended respectively by Mr. Adolphus and Mr. C. Phillips, while Mr. Chambers conducted the case for the prosecution.
The whole of the facts were then again proved in evidence; and eloquent appeals having been made on behalf of the prisoners by their counsel, a great number of highly respectable witnesses were called, who gave them excellent characters for the general humanity of their disposition.
Mr. Justice Vaughan, in summing up the case to the jury, remarked upon the circumstances which had attended the duel. He observed, that it should have been the bounden duty of all those who had acted as seconds, or who were present, to have interfered to prevent this fatal meeting; and that, at all events, after the first shot, even supposing the mistaken ideas which might be entertained with regard to wounded honour might be deemed to have rendered the affair so far excusable, they should have positively refused to suffer any further proceedings. The principals in such cases were the mere tools in the hands of their seconds, and upon the latter rested the more serious responsibility. The learned judge having also offered some observations upon the omission of Mr. Scott to attempt to prevent the duel, said, that it sometimes occurred that the feelings of the man were in opposition to those of the judge, and considering that everything in this case appeared to have been conducted with what was deemed fairness, he could not but feel some compunction in stating, as he was bound to do, that persons who had acted under such circumstances as those which had been disclosed were guilty of murder. The question of the prisoners being connected with the case was one for the jury, and one upon which their decision was required. The jury, after some consideration, found the prisoners “Guilty,” and at the same time declared their opinion that Mr. Scott himself should have stood at the bar with them. Mr. Justice Vaughan expressed himself to be of the same opinion, and sentence of death was then recorded against the prisoners.
They were instantly conveyed to the interior of Newgate, where they were placed, in obedience to the usual course, in the condemned cells. The application of their friends to the crown, however, soon procured their liberation from this disagreeable confinement; but the sentence of death was only removed upon condition of their undergoing twelve months’ imprisonment in the House of Correction at Guildford, one month of which was to be passed in solitude.
On Friday, the 8th of February, 1839, Mr. Broughton surrendered at the Old Bailey to take his trial, and pleaded “Guilty” to the indictment. Sentence of death was recorded against him; but in this case, as in that of Webber and Young, the punishment was reduced to twelve months’ imprisonment.
Mr. Eliot, the surviving principal in this affair, was a gentleman of highly respectable connexions—his father being a major-general in the army. Mr. Mirfin, it appears, had formerly carried on business in Tottenham-court-road as a linen-draper, but subsequently retired from business upon a competency. His connexions were of great respectability, his father and brothers being engaged in trade in the north of England of a similar character with that in which he had been concerned. Mr. Broughton, we believe, was a relation of Sir John Delves Broughton, Bart., a general in the army, and descended of an ancient family.
Mr. Eliot succeeded in making his escape to the Continent, and has not yet surrendered to the indictment preferred against him, which, therefore, still remains in operation.