feelings at the time of execution; to which he repeatedly replied, in
substance, as follows:--"That when he was turned off, he, for some time,
was sensible of very great pain, occasioned by the weight of his body,
and felt his spirits in a strange commotion, violently pressing upwards;
that having forced their way to his head, he, as it were, saw a great
blaze, or glaring light, which seemed to go out at his eyes with a
flash, and then he lost all sense of pain. That after he was cut down,
and began to come to himself, the blood and spirits, forcing themselves
into their former channels, put him, by a sort of pricking or shooting,
to such intolerable pain, that he could have wished those hanged who had
cut him down." From this circumstance he was called "Half-hanged Smith."
After this narrow escape from the grave, Smith pleaded to his pardon on
the 20th of February, and was discharged; yet such was his propensity to
evil deeds, that he returned to his former practices, and, being
apprehended, was again tried at the Old Bailey, for housebreaking; but
some difficulties arising in the case, the affair was left to the
opinion of the twelve judges, who determined in favour of the prisoner.
After this second extraordinary escape, he was a third time indicted;
but the prosecutor happening to die before the day of trial, he once
more obtained that liberty which his conduct showed had not deserved.
We have no account of what became of this man after this third
remarkable incident in his favour; but Christian charity inclines us to
hope that he made a proper use of the singular dispensation of
Providence evidenced in his own person.
It was not infrequently the case, that, in Dublin, men were formerly
seen walking about who, it was known, had been sentenced to suffer the
extreme penalty of the law, and upon whom, strange as it may appear to
unenlightened eyes, the sentence had been carried out. The custom until
lately was, that the body should hang only half an hour; and, in a
mistaken lenity, the sheriff, in whose hands was entrusted the execution
of the law, would look away, after the prisoner had been turned off,
while the friends of the culprit would hold up their companion by the
waistband of his breeches, so that the rope should not press upon his
throat. They would, at the expiration of the usual time, thrust their
"deceased" friend into a cart, in which they would gallop him over all
the stones and rough ground they came near, which was supposed to be a
never-failing recipe, in order to revive him, professedly, and indeed in
reality, with the intention of "waking" him. An anecdote is related of a
fellow named Mahony, who had been convicted of the murder of a
Connaught-man, in one of the numerous Munster and Connaught wars, and
whose execution had been managed in the manner above described; who,
being put into the cart in a coffin by his Munster friends, on his way
home was so revived, and so overjoyed at finding himself still alive,
that he sat upright and gave three hearty cheers, by way of assuring his
friends of his safety. A "jontleman" who was shocked at this indecent
conduct in his defunct companion, and who was, besides, afraid of their
scheme being discovered and thwarted, immediately, with the sapling
which he carried, hit him a thump on the head, which effectually
silenced his self-congratulations. On their arrival at home, they found
that the "friendly" warning which had been given to the poor wretch, had
been more effectual than the hangman's rope; and the wailings and
lamentations which had been employed at the place of execution to drown
the encouraging cries of the aiders of the criminal's escape, were
called forth in reality at his wake on the same night. It was afterwards
a matter of doubt whether the fellow who dealt the unfortunate blow
ought not to have been charged with the murder of his half-hanged
companion; but "a justice" being consulted, it was thought no one could
be successfully charged with the murder of a man who was already dead in
law.
WILLIAM GREGG.
EXECUTED FOR HIGH TREASON.
The treason of which this offender was convicted was that of "adhering
to the Queen's enemies, and giving them aid, without the realm," which
was made a capital offence by the statute of Edward III.
It appears that Gregg was a native of Montrose, in Scotland, and having
received such instruction as the grammar-schools of the place afforded,
he
[Illustration: _An Irish Wake._]
completed his education at Aberdeen university, where he pursued these
studies which were calculated to fit him for the profession of the
church, for which he was intended. London, however, held forth so many
attractions to his youthful eye, that the wishes of his relatives were
soon overruled; and having visited that city, with good introductions,
he was, after some time, appointed secretary to the ambassador at the
court of Sweden. But while performing the duties of his office, he was
guilty of so many and so great excesses, that he was at length compelled
to retire, and London once more became his residence. His good fortune
placed him in a situation alike honourable and profitable, but his
dishonest and traitorous conduct in his employment, was such as to cost
him his life, and to involve his employers in political difficulties of
no ordinary kind. Having been engaged by Mr. Secretary Harley, minister
of the reigning sovereign, Queen Anne, to write despatches, he took
advantage of the knowledge which he thus gained, and voluntarily opened
a communication with the enemies of his country. England, it will be
remembered, was at this time in a situation of no ordinary difficulty;
and the position of her Majesty's ministers, harassed as they were by
the opposition of their political antagonists, was rendered even more
difficult by the disclosures of their traitorous servant.
We shall take the advantage afforded us by Bishop Burnet's History, of
laying before our readers a more authentic account of this transaction
than is given by the usual channels of information to which we have
access. He says, "At this time two discoveries were made very unlucky
for Mr. Harley: Tallard wrote often to Chamillard, but he sent the
letters open to the secretary's office, to be perused and sealed up, and
so be conveyed by the way of Holland. These were opened upon some
suspicion in Holland, and it appeared that one in the secretary's office
put letters in them, in which, as he offered his services to the courts
of France and St. Germains, so he gave an account of all transactions
here. In one of these he sent a copy of the letter that the Queen was to
write in her own hand to the Emperor; and he marked what parts were
drawn by the secretary, and what additions were made to it by the lord
treasurer. This was the letter by which the Queen pressed the sending
Prince Eugene into Spain; and this, if not intercepted, would have been
at Versailles many days before it could reach Vienna.
"He who sent this wrote, that by this they might see what service he
could do them, if well encouraged. All this was sent over to the Duke of
Marlborough; and, upon search, it was found to be written by one Gregg,
a clerk, whom Harley had not only entertained, but had taken into a
particular confidence, without inquiring into the former parts of his
life; for he was a vicious and necessitous person, who had been
secretary to the Queen's envoy in Denmark, but was dismissed by him for
his ill qualities. Harley had made use of him to get him intelligence,
and he came to trust him with the perusal and sealing up of the letters,
which the French prisoners, here in England, sent over to France; and by
that means he got into the method of sending intelligence thither. He,
when seized on, either upon remorse or hopes of pardon, confessed all,
and signed his confession: upon that he was tried, and, pleading guilty,
was condemned as a traitor, for corresponding with the Queen's enemies.
"At the same time Valiere and Bara, whom Harley had employed as his
spies to go often over to Calais, under the pretence of bringing him
intelligence, were informed against, as spies employed by France to get
intelligence from England, who carried over many letters to Calais and
Boulogne, and, as was believed, gave such information of our trade and
convoys, that by their means we had made our great losses at sea. They
were often complained of upon suspicion, but they were always protected
by Harley; yet the presumptions against them were so violent, that they
were at last seized on, and brought up prisoners."
The Whigs took such advantage of this circumstance, that Mr. Harley was
obliged to resign; and his enemies were inclined to carry matters still
further, and were resolved, if possible, to find out evidence enough to
affect his life. With this view, the House of Lords ordered a committee
to examine Gregg and the other prisoners, who were very assiduous in the
discharge of their commission, as will appear by the following account,
written by the same author:--
"The Lords who were appointed to examine Gregg could not find out much
by him: he had but newly begun his designs of betraying secrets, and he
had no associates with him in it. He told them that all the papers of
state lay so carelessly about the office that every one belonging to it,
even the door-keepers, might have read them all. Harley's custom was to
come to the office late on post-nights, and, after he had given his
orders, and wrote his letters, he usually went away, and left all to be
copied out when he was gone. By that means he came to see every thing,
in particular the Queen's letter to the Emperor. He said he knew the
design on Toulon in May last, but he did not discover it; for he had not
entered on his ill practices till October. This was all he could say.
"By the examination of Valiere and Bara, and of many others who lived
about Dover, and were employed by them, a discovery was made of a
constant intercourse they were in with Calais, under Harley's
protection. They often went over with boats full of wool, and brought
back brandy, though both the import and export were severely prohibited.
They, and those who belonged to the boats carried over by them, were
well treated on the French side at the governor's house, or at the
commissary's: they were kept there till their letters were sent to
Paris, and till returns could be brought back, and were all the while
upon free cost. The order that was constantly given them was, that if an
English or Dutch ship came up with them, they should cast their letters
into the sea, but that they should not do it when French ships came up
with them: so they were looked on by all on that coast as the spies of
France. They used to get what information they could, both of
merchant-ships and of the ships of war that lay in the Downs, and upon
that they usually went over; and it happened that soon after some of
those ships were taken. These men, as they were Papists, so they behaved
themselves insolently, and boasted much of their power and credit.
"Complaints had been often made of them, but they were always protected;
nor did it appear that they ever brought any information of importance
to Harley but once, when, according to what they swore, they told him
that Fourbin was gone from Dunkirk, to lie in wait for the Russian
fleet, which proved to be true; he both went to watch for them, and he
took the greater part of the fleet. Yet, though this was a single piece
of intelligence that they ever brought, Harley took so little notice of
it, that he gave no advertisement to the Admiralty concerning it. This
particular excepted, they only brought over common news, and the Paris
Gazeteer. These examinations lasted for some weeks; when they were
ended, a full report was made of them to the House of Lords, and they
ordered the whole report, with all the examinations, to be laid before
the Queen."
Upon the conviction of Gregg, both houses of parliament petitioned the
Queen that he might be executed; and, on the 28th April, 1708, he was
accordingly hanged at Tyburn.
While on the scaffold, he delivered a paper to the sheriffs of London
and Middlesex, in which he acknowledged the justice of his sentence,
declared his sincere repentance of all his sins, particularly that
lately committed against the Queen, whose forgiveness he devoutly
implored. He also expressed his wish to make all possible reparation for
the injuries he had done; and testified the perfect innocence of Mr.
Secretary Harley, whom he declared to have been no party to his
proceedings. He professed that he died a member of the Protestant
church; and declared that the want of money to supply his extravagances
had tempted him to commit the fatal crime, which cost him his life.
It is a remarkable circumstance in the life of this offender, that while
he was corresponding with the enemy, and taking measures to subvert the
government, he had no predilection in favour of the Pretender. On the
contrary, he declared, while he was under sentence of death, that "he
never thought he had any right to the throne of these realms."
RICHARD THORNHILL, ESQ.,
CONVICTED OF MANSLAUGHTER, IN KILLING SIR C. DEERING IN A DUEL.
This was a case which arose out of the practice of duelling, which has
always existed almost peculiarly among the higher classes of society.
Mr. Thornhill and Sir Cholmondeley Deering having dined together on the
7th of April, 1711, in company with several other gentlemen, at the Toy
at Hampton Court, a quarrel arose, during which Sir Cholmondeley struck
Mr. Thornhill. A scuffle ensuing, the wainscot of the room broke down,
and Thornhill falling, the other stamped on him, and beat out some of
his teeth. The company now interposed, and Sir Cholmondeley, convinced
that he had acted improperly, declared that he was willing to ask
pardon; but Mr. Thornhill said, that asking pardon was not a proper
retaliation for the injury that he had received; adding, "Sir
Cholmondeley, you know where to find me." Soon after this the company
broke up, and the parties went home in different coaches, without any
farther steps being taken towards their reconciliation.
On the next day, the following letter was written by Mr. Thornhill:--
"April 8th, 1711.
"Sir,--I shall be able to go abroad to-morrow morning, and desire
you will give me a meeting with your sword and pistols, which I
insist on. The worthy gentleman who brings you this will concert
with you the time and place. I think Tothill Fields will do well;
Hyde Park will not at this time of year, being full of company.
"I am your humble servant,
"RICHARD THORNHILL."
On the 9th of April, Sir Cholmondeley went to the lodgings of Mr
Thornhill, and the servant showed him to the dining-room. He ascended
with a brace of pistols in his hands; and soon afterwards, Mr. Thornhill
coming to him, asked him if he would drink tea, but he declined. A
hackney-coach was then sent for, and the gentlemen rode to Tothill
Fields, where, unattended by seconds, they proceeded to fight their
duel. They fired their pistols almost at the same moment, and Sir
Cholmondeley, being mortally wounded, fell to the ground. Mr, Thornhill,
after lamenting the unhappy catastrophe, was going away, when a person
stopped him, told him he had been guilty of murder, and took him before
a justice of the peace, who committed him to prison.
On the 18th of May, Mr. Thornhill was indicted at the Old Bailey
sessions for the murder; and the facts already detailed having been
proved, the accused called several witnesses to show how ill he had been
used by Sir Cholmondeley; that he had languished some time of the wounds
he had received; during which he could take no other sustenance than
liquids, and that his life was in imminent danger. Several persons of
distinction swore that Mr. Thornhill was of a peaceable disposition, and
that, on the contrary, the deceased was of a remarkably quarrelsome
temper; and it was also deposed, that Sir Cholmondeley, being asked if
he came by his hurt through unfair usage, replied, "No; poor Thornhill!
I am sorry for him; this misfortune was my own fault, and of my own
seeking. I heartily forgive him, and desire you all to take notice of
it, that it may be of some service to him, and that one misfortune may
not occasion another."
The jury acquitted Mr. Thornhill of the murder, but found him guilty of
manslaughter; in consequence of which he was burnt in the hand.
COLONEL JOHN HAMILTON.
CONVICTED OF MANSLAUGHTER AS SECOND IN A DUEL.
There was no occurrence which at the time occupied so much of the public
attention, and excited so much general interest, as the duel which took
place in the year 1711, between the Duke of Hamilton and Lord Mohun; in
which, unhappily, both the principals fell.
The gentleman who is the subject of the present notice, was the second
of the noble duke, and appears to have been connected with him by the
ties of relationship. At the sessions held at the Old Bailey, on the
11th of September, he was indicted for the murder of Charles Lord Mohun,
Baron of Oakhampton, on the 15th of November preceding; and at the same
time he was indicted for abetting Charles Lord Mohun, and George
Macartney, Esq., in the murder of James, Duke of Hamilton and Brandon.
Colonel Hamilton pleaded not guilty; and evidence was then adduced,
which showed that Lord Mohun having met the Duke of Hamilton at the
chambers of a master in chancery, on Thursday the 13th of November, a
misunderstanding arose between them respecting the testimony of a
witness.
On the return home of his lordship, he directed that no person should be
admitted to him, except Mr. Macartney; and subsequently he went with
that gentleman to a tavern. The Duke of Hamilton and his second, Colonel
Hamilton, were also at the tavern; and from thence they all proceeded to
Hyde Park. The only evidence which exhibited the real circumstances
immediately attending the duel, was that of William Morris, a groom, who
deposed that, "as he was walking his horses towards Hyde Park, he
followed a hackney-coach with two gentlemen in it, whom he saw alight by
the Lodge, and walk together towards the left part of the ring. They
were there about a quarter of an hour, when he saw two other gentlemen
come to them; and, after having saluted each other, one of them, who he
was since told was the Duke of Hamilton, threw off his cloak; and one of
the other two, who he now understands was Lord Mohun, his surtout coat,
and all immediately drew. The duke and lord pushed at each other but a
very little while, when the duke closed, and took the lord by the
collar, who fell down and groaned, and the duke fell upon him. That just
as Lord Mohun was dropping, he saw him lay hold of the duke's sword, but
could not tell whether the sword was at that time in his body; nor did
he see any wound given after the closing, and was sure Lord Mohun did
not shorten his sword. He declared he did not see the seconds fight; but
they had their swords in their hands, assisting their lords."
It further appeared that the bodies of the deceased noblemen were
examined by Messrs. Boussier and Amie, surgeons; and that in that of the
duke, a wound was found between the second and third ribs on his right
side; and also that there were wounds in his right arm, which had cut
the artery and one of the small tendons, as well as others in his right
and left leg. There was also a wound in his left side between his second
and third ribs, which ran down into his body, and pierced the midriff
and caul: but it appeared that the immediate cause of the sudden death
of his grace was the wound in his arm. It was further proved, as
regarded the body of Lord Mohun, that there was a wound between the
short ribs, quite through his belly, and another about three inches deep
in the upper part of his thigh; a large wound, about four inches wide,
in his groin, a little higher, which was the cause of his immediate
death; and another small wound on his left side; and that the fingers of
his left hand were cut.
The defence made by the prisoner was, that "the duke called him to go
abroad with him, but he knew not anything of the matter till he came
into the field."
Some Scottish noblemen, and other gentlemen of rank, gave Mr. Hamilton a
very excellent character, asserting that he was brave, honest, and
inoffensive; and the jury, having considered of the affair, gave a
verdict of "Manslaughter;" in consequence of which the prisoner prayed
the benefit of the statute, which was allowed him.
At the time the lives of these noblemen were thus unfortunately
sacrificed, many persons thought they fell by the hands of the seconds;
and some writers on the subject subsequently affected to be of the same
opinion: but nothing appears in the written or printed accounts of the
transaction, nor did anything arise on the trial, to warrant so
ungenerous a suspicion; it is therefore but justice to the memory of all
the parties to discredit such insinuations.
WILLIAM LOWTHER AND RICHARD KEELE.
EXECUTED FOR THE MURDER OF EDWARD PERRY, A TURNKEY OF CLERKENWELL
BRIDEWELL.
William Lowther was a native of Cumberland, and being bound to the
master of a Newcastle ship which traded to London, he became acquainted
with low abandoned company in the metropolis. Richard Keele was a native
of Hampshire, and served his time to a barber at Winchester; and on
coming to London, he married and settled in his own business in
Rotherhithe: but not living happily with his wife, he parted from her,
cohabited with another woman, and associated with a number of disorderly
people.
On the 10th of December, 1713, they were indicted at the Old Bailey, for
assisting Charles Houghton in the murder of Edward Perry. The case was
as follows:--The prisoners, together with two other desperate offenders,
of the name of Houghton and Cullum, having been convicted of felony at
the Old Bailey, were sentenced to be kept to hard labour in Clerkenwell
Bridewell for two years. On their being carried thither, Mr. Boreman,
the keeper, thought it necessary to put them in irons, to prevent their
escape. This they all refused to submit to; and Boreman having ordered
the irons, they broke into the room where the arms were deposited,
seized what they thought fit, and then attacked the keeper and his
assistants, and cruelly beat them. Lowther bit off part of a man's nose.
At this time, Perry, one of the turnkeys, was without the gate, and
desired the prisoners to be peaceable; but, advancing towards them, he
was stabbed by Houghton, and, during the fray, Houghton was shot dead.
The prisoners being at length victorious, many of them made their
escape; but the neighbours giving their assistance, Keele and Lowther,
and several others, were taken and convicted on the clearest evidence.
Some time after conviction, a smith went to the prison to take measure
of them for chains, in which they were to be hung, pursuant to an order
from the secretary of state's office; but they for some time resisted
him in this duty.
On the morning of execution (the 13th December, 1713), they were carried
from Newgate to Clerkenwell Green, and there hanged on a gallows; after
which, their bodies were put in a cart, drawn by four horses, decorated
with plumes of black feathers, and hung in chains.
WILLIAM JOHNSON AND JANE HOUSDEN.
EXECUTED FOR THE MURDER OF SPURLING, A TURNKEY IN THE OLD BAILEY.