near ten at night in Moorfields, and attempted to ravish her; but the
poor woman (who was the wife of a watchman, and sold gingerbread in the
streets) doing all in her power to resist his villanous attacks, he beat
her so cruelly that streams of blood issued from her eyes and mouth, one
of her arms was broken, some of her teeth were knocked out, her head was
bruised in a most dreadful manner, and one of her eyes was forced from
the socket. Some persons, hearing the cries of the unhappy creature,
repaired to the spot, took Price into custody, and lodged him in the
watch-house; and the woman, being attended by a surgeon and a nurse, was
unable to speak, but she answered the nurse's questions by signs, and in
that manner described what had happened to her. She died, after having
languished four days. The prisoner, on his trial, denied that he was
guilty of the murder; but he was found guilty and sentenced to death. He
then gave himself up to the use of intoxicating liquors, and continued
obstinately to deny his guilt until the day of execution. He then,
however, admitted the justice of his punishment, but said that he was in
a state of intoxication when he committed the crime for which he
suffered. He was executed on the 21st May, 1718 at Bunhill-row, and was
afterwards hung in chains at Holloway.
It maybe remarked, that this case affords a striking instance of the
absence of the effect of example: for, however much the miserable
calling of the unhappy man may have hardened his mind, and rendered him
callous to those feelings of degradation which would arise in the heart
of any ordinary person, placed in a similar situation, it cannot be
supposed that his fear of the dreadful punishment of death could have
been in any degree abated by his having so frequently witnessed its
execution in all its horrors.
BARBARA SPENCER.
STRANGLED, AND THEN BURNED, FOR COINING.
This is the first case on record, in which any person appears to have
been executed for counterfeiting the coin of the realm. The punishment
for this offence, at first, of necessity, severe, to check the alarming
prevalence of the crime, has long since been materially mitigated; and
although the evil still exists to a great degree, it has been diminished
very considerably in consequence of the judicious steps taken by the
officers of the Mint.
In the month of May, 1721, Barbara Spencer, with two other women, named
Alice Hall, and Elizabeth Bray, were indicted for high treason, in
counterfeiting the king's current coin of the realm. The evidence went
to prove the two latter prisoners to be agents only, and they were
acquitted; while Spencer appeared to be the principal, and she was found
guilty, and sentenced to be burned. It turned out that the prisoner had
before been guilty of similar offences, and the sentence was carried
into execution, although not in its direct terms. The law which then
existed was, indeed, that women, convicted of high or petit treason,
should be burned; but the wisdom and humanity of the authorities
provided a more easy death, in directing that the malefactor should be
strangled, while tied to the stake, and that the body should afterwards
be consumed by fire.
While under sentence of death, the prisoner behaved in the most indecent
and turbulent manner; nor could she be convinced that she had been
guilty of any crime in making a few shillings. She was for some time
very impatient under the idea of her approaching dissolution, and was
particularly shocked at the thought of being burned; but at the place of
execution, she seemed willing to exercise herself in devotion, but was
much interrupted by the mob throwing stones and dirt at her.
She was strangled and burned at Tyburn on the 5th of July, 1721.
WILLIAM SPIGGOT, AND THOMAS PHILLIPS.
EXECUTED FOR HIGHWAY ROBBERY.
This case is rendered worthy of notice, by the fact that, the prisoners
refusing to plead, they were placed under the torture. They were
indicted for a robbery upon the king's highway; but refused to plead
until some of their property, which had been taken from them, was
returned. This was denied them by the Court, under the provisions of the
statute of the 4th & 5th William and Mary; and as, in spite of all
entreaties, they persisted in their refusal, to deny or confess the
charge against them, the Court ordered that the judgment ordained by law
should be read to them. This was,
"That the prisoner shall be sent to the prison from whence he came, and
put into a mean room, stopped from the light, and shall there be laid on
the bare ground, without any litter, straw, or other covering, and
without any garment about him, except something to hide his privy
members. He shall lie upon his back, his head shall be covered, and his
feet shall be bare. One of his arms shall be drawn with a cord to one
side of the room, and the other arm to the other side; and his legs
shall be served in the like manner. Then there shall be laid upon his
body as much iron or stone as he can bear, and more. And the first day
after he shall have three morsels of barley bread, without any drink;
and the second day he shall be allowed to drink as much as he can, at
three times, of the water that is next the prison-door, except running
water, without any bread; and this shall be his diet till he dies; and
he against whom this judgment shall be given, forfeits his goods to the
king."
The reading of this sentence producing no effect, they were ordered back
to Newgate, there to be pressed to death; but when they came into the
press-room, Phillips begged to be taken back to plead. The favour was
granted, though it might have been denied to him; but Spiggot was put
under the press, and he continued half an hour, with three hundred and
fifty pounds' weight on his body; but, on the addition of fifty pounds
more, he also begged to plead.
They were in consequence brought back, and again arraigned; when, the
evidence being clear and positive against them, they were convicted, and
received sentence of death; in consequence of which they were executed
at Tyburn on the 8th of February, 1721.
The prisoner Phillips, after sentence, behaved in a manner which
exhibited that he was a person of the most abandoned character. His
companion was more attentive to his devotions; but Phillips declared
that he did not fear to die, for that he was sure of going to heaven. It
appeared, from the declarations of the prisoners, that they had been
very successful in their depredations; in the commission of which they
were accompanied by a clergyman named Joseph Lindsay, and a lunatic, who
had escaped from Bedlam, named Burroughs. The mad prattling of the
latter caused the apprehension of his companions, while the evidence of
the former tended materially to secure their conviction.
It is almost needless to add, that that remnant of barbarity, the
torture, has long since been abolished.
NATHANIEL HAWES.
TORTURED AND AFTERWARDS EXECUTED FOR ROBBERY.
The case of this prisoner may not prove uninteresting, as connected with
that last detailed.
Nathaniel Hawes was a native of Norfolk, in which county he was born in
the year 1701. His father was a grazier in good circumstances; but dying
while the son was an infant, a relation in Hertfordshire took care of
his education.
At a proper age he was apprenticed to an upholsterer in London; but,
becoming connected with people of bad character, he robbed his master
when he had served only two years of his time, for which he was tried at
the Old Bailey, and, being convicted, was sentenced to seven years'
transportation.
His sentence was, however, withdrawn on his becoming evidence against
the receiver of the stolen property. But the warning which he had
received was of no avail; and after having been once in custody for a
robbery, when he was again admitted king's evidence, he soon joined a
fellow with whom he had become acquainted in prison, and meeting a
gentleman on Finchley Common, they demanded his money, swearing to
murder him, if he did not give it to them.
The gentleman quitted his horse, and at the same moment seized the
pistol which was placed at his throat by the robber, and, presenting it
to the latter, told him to expect death if he did not surrender himself.
His companion having fled, Hawes was now as terrified as he had been
insolent, and made no opposition; and the driver of a cart coming up
just at the moment, he was easily made prisoner, conveyed to London, and
committed to Newgate. When the sessions came on, and he was brought to
the bar, he refused to plead to his indictment, alleging as a reason for
so doing, that he would die, as he had lived, like a gentleman:--"The
people," said he, "who apprehended me, seized a suit of fine clothes,
which I intended to have gone to the gallows in; and unless they are
returned, I will not plead; for no one shall say that I was hanged in a
dirty shirt and ragged coat."
On this, sentence was pronounced that he should be pressed to death;
whereupon he was taken from the Court, and, being laid on his back,
sustained a load of two hundred and fifty pounds' weight about seven
minutes; but, unable any longer to bear the pain, he entreated he might
be conducted back to the Court. He then pleaded not guilty; but the
evidence against him being conclusive, he was convicted, and sentenced
to die.
He was executed at Tyburn on the 22nd of December, 1721.
The subject of torture may not be inaptly illustrated by an account
given by Stedman of a scene witnessed by him at Surinam, when a young
man, a free negro, was tortured for the murder of the overseer of the
estate of Altona in the Para Creek. He says, "This man having stolen a
sheep to entertain a favourite young woman, the overseer, who burned
with jealousy, had determined to see him hanged; to prevent which, the
negro shot him dead among the sugar-canes. For these offences, of
course, he was sentenced to be broken alive upon the rack, without the
benefit of the _coup de grace_, or mercy-stroke. Informed of the
dreadful sentence, he composedly laid himself down upon his back on a
strong cross, on which, with his arms and legs extended, he was fastened
by ropes. The executioner, also a black man, having now with a hatchet
chopped off his left hand, next took up a heavy iron bar, with which, by
repeated blows, he broke his bones to shivers, till the marrow, blood,
and splinters flew about the field; but the prisoner never uttered a
groan nor a sigh! The ropes being next unlashed, I imagined him dead,
and felt happy; till the magistrates stirring to depart, he writhed
himself from the cross, when he fell on the grass, and damned them all
as a set of barbarous rascals. At the same time, removing his right
hand by the help of his teeth, he rested his head on part of the timber,
and asked the by-standers for a pipe of tobacco, which was infamously
answered by kicking and spitting on him, till I, with some American
seamen, thought proper to prevent it. He then begged his head might be
chopped off, but to no purpose. At last, seeing no end to his misery, he
declared, 'that though he had deserved death, he had not expected to die
so many deaths: however,' said he, 'you Christians have missed your aim
at last, and I now care not, were I to remain thus one month longer.'
After which he sung two extempore songs with a clear voice; the subjects
of which were to bid adieu to his living friends, and to acquaint his
deceased relations that in a very little time he should be with them, to
enjoy their company for ever in a better place. This done, he calmly
entered into conversation with some gentlemen concerning his trial,
relating every particular with uncommon tranquillity. 'But,' said he
abruptly, 'by the sun it must be eight o'clock, and by any longer
discourse I should be sorry to be the cause of your losing your
breakfast.' Then casting his eyes on a Jew, whose name was Deveries,
'Apropos, sir,' said he, 'won't you please to pay me the ten shillings
you owe me?' 'For what to do?' 'To buy meat and drink, to be sure: don't
you perceive I'm to be kept alive?' Which speech, on seeing the Jew
stare like a fool, the mangled wretch accompanied with a loud and hearty
laugh. Next, observing the soldier that stood sentinel over him biting
occasionally a piece of dry bread, he asked him how it came to pass that
he, a _white man_, should have no meat to eat along with it. 'Because I
am not so rich,' answered the soldier. 'Then I will make you a present,
sir,' said the negro. 'First pick my hand that was chopped off, clean to
the bones; next begin to devour my body till you are glutted; when you
will have both bread and meat, as best becomes you:' which piece of
humour was followed by a second laugh. And thus he continued until I
left him, which was about three hours after the dreadful execution."
Subsequently, on proceeding to the spot, the writer discovered that
after the poor wretch had lived thus more than six hours, he was knocked
on the head by the commiserating sentinel; and that having been raised
upon a gallows, the vultures were busy picking out the eyes of the
mangled corpse, in the skull of which was clearly discernible the mark
of the soldier's musket.
CAPTAIN JOHN MASSEY.
EXECUTED FOR PIRACY.
Captain Massey was the son of a gentleman of fortune, who gave him an
excellent education. When young, he grew weary of home; and his father
having procured him a commission in the army, he served with great
credit as lieutenant under the command of the Duke of Marlborough,
during the wars in Flanders, in the reign of Queen Anne. After this he
went with his regiment to Ireland, and at length got appointed to the
rank of lieutenant and engineer to the Royal African Company, and sailed
in one of their ships to direct the building of a fort. The ship being
ill supplied with provisions, the sufferings of the crew were
inexpressibly great. Those who lived to get on shore drank so greedily
of the fresh water, that they were thrown into fluxes, which destroyed
them so rapidly, that only Captain Massey and a very few of his people
were still alive. These, being totally unable to build a fort, and
seeing no prospect of relief, began to abandon themselves to despair;
but at this time a vessel happening to come near the shore, they made
signals of distress, on which a boat was sent off to their assistance.
They were no sooner on board than they found the vessel was a pirate;
and, distressed as they had been, they too hastily engaged in their
lawless plan, rather than run the hazard of perishing on shore. Sailing
from hence, they took several prizes; and at length on the ship reaching
Jamaica, Mr. Massey seized the first opportunity of deserting; and
repairing to the governor, he gave such information, that the crew of
the pirate vessel were taken into custody, convicted, and hanged. Massey
might have been provided for by the governor, who treated him with
singular respect, on account of his services to the public; but he
declined his generous offers, through an anxiety to visit his native
country. On his sailing for England, the governor gave him
recommendatory letters to the lords of the admiralty; but, astonishing
as it may seem, instead of his being caressed, he was taken into
custody, and committed till a session of admiralty was held for his
trial, when he pleaded guilty, and received sentence of death.
His sentence was subsequently carried out, although it may readily be
supposed that that due attention was scarcely given to the case which
the interests of the prisoner demanded.
ARUNDEL COOKE, ESQ. AND JOHN WOODBURNE.
EXECUTED FOR CUTTING AND MAIMING.
The prosecution of these offenders took place under the provisions of a
statute, passed in the reign of Charles the Second, commonly called "Sir
John Coventry's Act," the origin of which we have elsewhere described,
and which has since been followed by an enactment, more extensive in its
operation, called "Lord Ellenborough's Act."
Mr. Cooke, who by virtue of his profession as a barrister was entitled
to the rank of esquire, was born at Bury St. Edmunds, in Suffolk, and
was a man of considerable fortune at the time of his execution.
Woodburne, his companion in crime, was a labouring man in his service,
who, having a family of six children, was induced to join in the
commission of the crime, of which he was found guilty, upon the promise
of the payment to him of 100_l._ for his aid in the diabolical plan. Mr.
Cooke, it appears, was married to the daughter of Mr. Crisp, the victim
of his attack. The latter was a gentleman of very large property, and of
infirm habit of body, and having made his will in favour of his
son-in-law, the latter became anxious to possess the estate, and
determined, by murdering the old gentleman, to secure its immediate
transfer to himself. For this purpose, he procured the co-operation of
Woodburne on the terms which we have already mentioned, and Christmas
evening of the year 1721 was fixed upon for the perpetration of the
intended murder. Mr. Crisp was to dine with his son-in-law on that day,
and Woodburne was directed to lie in wait in the churchyard, which lay
between the houses of the old gentleman and his son-in-law, behind a
tomb-stone, in the evening, when, at a given signal, he was to fall upon
and kill the former. The time arrived when Mr. Crisp was to depart, and
upon his going out, Mr. Cooke followed him, and then aided his assistant
in a most violent attack upon his father-in-law. The old man was left
for dead, but in spite of the wounds which he had received, he crawled
back to his daughter, to whom he communicated his suspicions, that her
husband was the originator of the murderous attempt which had been made.
Woodburne was impeached by his sudden disappearance; and the affair
having created a great deal of excitement in the neighbourhood, he was
followed and secured, and then he exposed the enormity of his offence,
by confessing the whole of the circumstances attending its commission.
Mr. Cooke was also taken into custody, and a bill of indictment was
preferred at the ensuing assizes, at Bury St. Edmunds, upon which the
two prisoners were tried and found guilty.
Upon their being called up to receive sentence of death, Cooke desired
to be heard: and the court complying with his request, he urged that
"judgment could not pass on the verdict, because the act of parliament
simply mentions an intention to maim or deface, whereas he was firmly
resolved to have committed murder." He quoted several law cases in
favour of the arguments he had advanced, and hoped that judgment might
be respited till the opinion of the twelve judges could be taken on the
case.
Lord Chief Justice King, however, who presided on this occasion,
declared that he could not admit the force of Mr. Cooke's plea,
consistently with his own oath as a judge: "for (said he) it would
establish a principle in the law inconsistent with the first dictates of
natural reason, as the greatest villain might, when convicted of a
smaller offence, plead that the judgment must be arrested, because he
intended to commit a greater. In the present instance therefore judgment
cannot be arrested, as the intention is naturally implied when the crime
is actually committed."
Sentence of death was then passed, and the prisoners were left for
execution. After condemnation, the unhappy man Woodburne exhibited signs
of the most sincere penitence; but his wretched tempter to crime
conducted himself with unbecoming reserve and moroseness, steadily
denying his guilt, and employing his most strenuous exertions to procure
a pardon.
The 3d April, 1722, was at length fixed for the execution of the
sentence, and Cook was hanged at four in the morning of that day, in
obedience to a request which he made, in order that he should not be
exposed to the public gaze; while Woodburne was turned off, in the
afternoon, on the same gallows. The execution took place at Bury St.
Edmunds, the crime having been committed within a mile of that place.
CHRISTOPHER LAYER, ESQ.
EXECUTED FOR HIGH TREASON.
Mr. Layer was a barrister of considerable standing and reputation, at
the time when he was convicted and executed on a charge of being the
projector of a scheme for the destruction of the king, and the
subversion of the government, which had for its object the elevation of
the Pretender to the throne of England.
Numerous were the plots which had been laid for the same purpose, and
frequent were the proceedings which had been had upon complaints laid
before the various courts of criminal justice in the kingdom, since the
year 1715, when the rebellion first broke out; but the plan laid by Mr.
Layer was one of those which gained the greatest degree of notoriety.
This infatuated man had received a liberal education, and was a member
of the society of the Inner Temple; but being impressed with the
possibility of the success of a scheme for the dethronement of the
existing monarch, and the elevation of the Pretender to the rank, to
which it was contended that he was entitled, he made a journey to Rome,
in order to confer with that prince upon the propriety of putting his
design into execution, promising that he would effect so secret a
revolution in England, that no person in authority should be apprised of
the scheme until it had been actually completed. Having procured the
concurrence of the prince, he instantly returned to London, and
proceeded to the completion of his preparations His plan was to hire an
assassin to murder the king on his return from Kensington; and, this
being done, the other parties engaged in the plot were to seize the
guards; and the Prince of Wales and his children, and the great officers
of state, were to be secured, and confined during the confusion that
such an event would naturally produce.
Mr. Layer having settled a correspondence with several Roman Catholics,
non-jurors, and other persons disaffected to the government, he engaged
a small number of disbanded soldiers, who were to be the principal
actors in the intended tragedy. A meeting of the whole of the partisans
having, however, been held at Stratford, they talked so loudly of the
plot, that their designs were suspected, and information was conveyed to
the authorities; upon which Mr. Layer was taken into custody, under a
secretary of state's warrant, and conveyed to the house of a king's
messenger for security. His chambers being searched, papers were found,
the contents of which sufficiently indicated his intentions, and
witnesses as to repeated declarations on his part, in reference to the
rebellion, having been discovered in the persons of two women, who were
living under his protection, it was determined that a prosecution should
be instantly commenced against him. But it was not until he had nearly
given his jailers the slip, that this determination was carried into
execution with effect; for it appears that the prisoner became convinced
of the practicability of an escape from the room where he was confined,
through an ale-house, which was situated at the back of the messenger's
house, and resolved to make the attempt to procure his liberty. He
therefore formed a rope of his blanket, and, dropping from the window of
his apartment, he fell into the yard below, unscathed; but in his
descent, he overset a bottle-rack, and from the noise which was caused,
the family of the house was disturbed. Mr. Layer managed, nevertheless,
to gain the street in the confusion which prevailed; but being instantly
pursued by officers, he was traced to have taken a boat at the Horse
Ferry, Westminster, from thence to St. George's Fields; and he was at
length overtaken at Newington Butts. On the following day he was
committed to Newgate; and a Grand Jury of the county of Essex having
found a true bill against him for high treason, his trial came on before
Chief Justice Pratt, and the other judges of the Court of King's Bench,
in the month of January 1723, when, after an inquiry, which lasted
sixteen hours, he was found guilty, and sentenced to death in the
customary manner.