several years, he believed not less than thirty. He had heard of a
marriage between Mr. Hervey and the lady at the bar, which circumstance
was afterwards mentioned to him by both parties, previous to Mr.
Hervey's last going to sea. By the desire of her grace, he was in the
room when the issue of the marriage was born, and once saw the child. He
was sent for by Mr. Hervey soon after his return from sea, and desired
by him to wait upon the lady, with proposals for procuring a divorce,
which he accordingly did; when her grace declared herself absolutely
determined against listening to such terms; and he knew that many
messages passed on the subject. Her grace some time after informed him,
at his own house, that she had instituted a jactitation suit against Mr.
Hervey in Doctors' Commons. On another visit she appeared very grave,
and desiring him to retire into another apartment, said she was
exceedingly unhappy, in consequence of an oath, which she had long
dreaded, having been tendered to her at Doctors' Commons to disavow her
marriage, which she would not do for ten thousand worlds. Upon another
visit, a short time after, she informed him that a sentence had passed
in her favour at Doctors' Commons, which would be irrevocable unless Mr.
Hervey pursued certain measures within a limited time, which she did not
apprehend he would do. Hereupon he inquired how she got over the oath;
and her reply was, that the circumstance of her marriage was so blended
with falsities, that she could easily reconcile the matter to her
conscience; since the ceremony was a business of so scrambling and
shabby a nature, that she could as safely swear she was _not_ as that
she _was_ married.
Judith Philips, being called, swore that she was the widow of the Rev.
Mr. Ames; that she remembered when her late husband performed the
marriage ceremony between Mr. Hervey and the prisoner; that she was not
present, but derived her information from her husband; that some time
after the marriage the lady desired her to prevail upon her husband to
grant a certificate, which she said she believed her husband would not
refuse; that Mr. Merrill, who accompanied the lady, advised her to
consult his attorney from Worcester; that in compliance with the
attorney's advice, a register-book was purchased, and the marriage
inserted therein, with some late burials in the parish. The book was
here produced, and the witness swore to the writing of her late
husband.
The writing of the Rev. Mr. Ames was also proved by the Rev. Mr. Inchin
and the Rev. Mr. Dennis; and the entry of a caveat to the duke's will
was proved by a clerk from Doctors' Commons. The book in which the
marriage of the Duke of Kingston with the lady at the bar was registered
on the 8th of March, 1769, was produced by the Rev. Mr. Trebeck, of St.
Margaret's, Westminster; and the Rev. Mr. Samuel Harpur, of the British
Museum, swore that he performed the marriage ceremony between the
parties on the day mentioned in the books produced by Mr. Trebeck.
Monday, the 22nd of April, after the attorney-general had declared the
evidence on behalf of the prosecution to be concluded, the lord high
steward called upon the prisoner for her defence, which she read; and
the following are the most material arguments it contained to invalidate
the evidence adduced for the prosecutor:--She appealed to the Searcher
of all hearts, that she never considered herself as legally married to
Mr. Hervey; she said that she considered herself as a single woman, and
as such was addressed by the late Duke of Kingston; and that, influenced
by a legitimate attachment to his grace, she instituted a suit in the
Ecclesiastical Court, when her supposed marriage with Mr. Hervey was
declared null and void; but, anxious for every conscientious as well as
legal sanction, she submitted an authentic statement of her case to the
Archbishop of Canterbury, who, in the most decisive and unreserved
manner, declared that she was at liberty to marry, and afterwards
granted, and delivered to Dr. Collier, a special licence for her
marriage with the late Duke of Kingston. She said that on her marriage
she experienced every mark of gracious esteem from their majesties, and
her late royal mistress, the Princess Dowager of Wales, and was publicly
recognized as Duchess of Kingston. Under such respectable sanctions and
virtuous motives for the conduct she pursued, strengthened by a decision
that had been esteemed conclusive and irrevocable for the space of seven
centuries, if their lordships should deem her guilty on any rigid
principle of law, she hoped, nay, she was conscious, they would
attribute her failure as proceeding from a mistaken judgment and
erroneous advice, and would not censure her for intentional guilt. She
bestowed the highest encomiums on the deceased duke, and solemnly
assured the Court that she had in no one instance abused her ascendency
over him; and that so far from endeavouring to engross his possessions,
she had declared herself amply provided for by that fortune for life
which he was extremely anxious to bequeath to her in perpetuity. As to
the neglect of the duke's eldest nephew, she said it was entirely the
consequence of his disrespectful behaviour to her; and she was not
dissatisfied at a preference to another nephew, whose respect and
attention to her had been such as the duke judged to be her due on her
advancement to the honour of being the wife of his grace.
The lord high steward then desired Mr. Wallace to proceed with the
evidence on behalf of the duchess. The advocate stated the nature of the
evidence he meant to produce to prove that Anne Cradock had asserted to
different people that she had no recollection of the marriage between
Mr. Hervey and the lady at the bar; and that she placed a reliance on a
promise of having a provision made for her in consequence of the
evidence she was to give on the present trial: and to invalidate the
depositions of Judith Philips, he ordered the clerk to read a letter,
wherein she supplicated her grace to exert her influence to prevent her
husband's discharge from the duke's service; and observed, that Mrs.
Philips had, on the preceding day, sworn that her husband was not
dismissed, but voluntarily quitted his station in the household of his
grace.
Mr. Wallace called Mr. Berkley, Lord Bristol's attorney, who said his
lordship told him he was desirous of obtaining a divorce, and directed
him to Anne Cradock, saying she was the only person then living who was
present at his marriage; and that a short time previous to the
commencement of the jactitation suit, he waited upon Anne Cradock, who
informed him that her memory was bad, and that she could remember
nothing perfectly in relation to the marriage, which must have been a
long time before.
Anne Pritchard deposed, that about three months before she had been
informed by Mrs. Cradock that she expected to be provided for soon after
the trial, and that she expected to be enabled to procure a place in the
Custom-house for one of her relations.
This being the whole of the evidence to be produced on behalf of her
grace, the lord high steward addressed their lordships, saying, that the
evidence on both sides having been heard, it now became their lordships'
duty to proceed to the consideration of the case; that the importance
and solemnity of the occasion required that they should severally
pronounce their opinions in the absence of the prisoner at the bar, and
that it was for the junior baron to speak first.
The prisoner having then been removed, their lordships declared that
they found her guilty of the offence imputed to her.
Proclamation was then made that the usher of the black rod should
replace the prisoner at the bar; and immediately on her appearing, the
lord high steward informed her that the lords had maturely considered
the evidence adduced against her, as well as the testimony of the
witnesses who had been called on her behalf, and that they had
pronounced her guilty of the felony for which she was indicted. He then
inquired whether she had anything to say why judgment should not be
pronounced against her?
The duchess immediately handed in a paper containing the words, "I plead
the privilege of the peerage," which were read by the clerk at the
table.
The lord high steward then informed her grace that the lords had
considered the plea, and agreed to allow it, adding, "Madam, you will be
discharged on paying the usual fees."
The duchess during the trial appeared to be perfectly collected, but on
sentence being pronounced she fainted, and was carried out of court.
This solemnity was concluded on the 22nd of April, 1776; but the
prosecutors still had a plan in embryo to confine the person of the
Countess of Bristol, for to this rank she was now again reduced, to the
kingdom, and to deprive her of her personal property; and a writ of _ne
exeat regno_ was actually in the course of preparation: but private
notice being conveyed to her of this circumstance, she was advised
immediately to quit the country. In order to conceal her flight, she
caused her carriage to be driven publicly through the streets, and
invited a large party to dine at her house; but, without waiting to
apologise to her guests, she drove to Dover in a post-chaise, and there
entering a boat with Mr. Harvey, the captain of her yacht, she
accompanied him to Calais. Circumstances of which she had been advised,
and which had occurred during the period of her absence from Rome,
rendered her immediate presence in that city necessary, and proceeding
thither, without loss of time, she found that a Spanish friar, whom she
had left in charge of her palace and furniture, had found means to
convert her property into money, and after having seduced a young
English girl, who had also been left in the palace, had absconded.
Having now obtained the whole of her plate from the public bank where
she had deposited it, she returned to Calais, which she adopted as the
best place at which she could fix her residence, in consequence of the
expeditious communication which existed between that town and London, by
means of which she might be afforded the earliest intelligence of the
proceedings of her opponents. Their business was now to set aside, if
possible, the will of the Duke of Kingston. There was no probability of
the success of the attempt, but there was sufficient doubt upon the
subject in the mind of the countess to keep all her apprehensions alive.
The will of his grace of Kingston, however, received every confirmation
which the courts of justice could give, and the object of the countess
now was to dissipate rather than expend the income of his estates. A
house which she had purchased at Calais was not sufficient for her
purpose; a mansion at Mont Martre, near Paris, was fixed on, and the
purchase of it was negotiated in as short a time as the duchess could
desire. There were only a few obstacles to enjoyment which were not
considered until the purchase was completed. The house was in so ruinous
a condition as to be in momentary danger of falling. The land was more
like the field of the slothful than the vineyard of the industrious; and
these evils were not perceived by the countess till she was in
possession of her wishes. A lawsuit with the owner of the estate was the
consequence, and the countess went to St. Petersburgh, and there turned
brandy distiller, and returned to Paris before it was concluded. The
possession of such a place, however, was not sufficient for the
countess, and she proceeded to make a second purchase of a house, built
upon a scale of infinite grandeur. The brother of the existing French
king was the owner of a domain, suited in every respect for the
residence of a person of such nobility, and the countess determined to
become its mistress. It was called the territory of St. Assise, and was
situated at a pleasant distance from Paris, abounding in game of all
descriptions, and rich in all the luxuriant embellishments of nature.
The mansion was of a size which rendered it fit for the occupation of a
king; it contained three hundred beds. The value of such an estate was
too considerable to be expected in one payment: she therefore agreed to
discharge the whole of the sum demanded, which was fifty-five thousand
pounds, by instalments. The purchase on the part of the countess was a
good one. It afforded not only game, but rabbits in plenty; and finding
them of superior quality and flavour, her ladyship, during the first
week of her possession, had as many killed and sold as brought her three
hundred guineas. At St. Petersburgh she had been a distiller of brandy;
and now at Paris she turned rabbit-merchant.
Such was her situation, when one day, while she was at dinner, her
servants received the intelligence that judgment respecting the house
near Paris had been awarded against her. The sudden communication of the
news produced an agitation of her whole frame. She flew into a violent
passion, and burst an internal blood-vessel: but she appeared to have
surmounted even this, until a few days afterwards, when preparing to
rise from her bed, a servant who had long been with her endeavoured to
dissuade her from her purpose. The countess said, "I am not very well,
but I will rise;" and on a remonstrance being attempted, she said, "At
your peril disobey me: I will get up and walk about the room; ring for
the secretary to assist me." She was obeyed, dressed, and the secretary
entered the chamber. The countess then walked about, complained of
thirst, and said, "I could drink a glass of my fine Madeira, and eat a
slice of toasted bread. I shall be quite well afterwards; but let it be
a large glass of wine." The attendant reluctantly brought, and the
countess drank the wine. She then said, "I am perfectly recovered; I
knew the Madeira would do me good. My heart feels oddly. I will have
another glass." The servant here observed that such a quantity of wine
in the morning might intoxicate rather than benefit. The countess
persisted in her orders, and the second glass of Madeira being produced,
she drank that also, and pronounced herself to be charmingly indeed. She
then walked a little about the room, and afterwards said, "I will lie
down on the couch; I can sleep, and after that I shall be entirely
recovered." She seated herself on the couch, a female having hold of
each hand. In this situation she soon appeared to have fallen into a
sound sleep, until the women felt her hands colder than ordinary, and
she was found to have expired. She died August 26th, 1796.
PETER LE MAITRE.
CONVICTED OF ROBBING THE ASHMOLEAN MUSEUM AT OXFORD.
When Lord Thurlow was chancellor of England some villains broke into his
house, in Great Ormond-street, and stole the great seal of England,
which was never recovered, nor were the thieves known. We have heard
also of a valuable diamond being stolen from the late Duke of
Cumberland, when pressing into the theatre in the Haymarket to see the
bubble of the bottle conjurer. It is also a fact that the Duke of
Beaufort was robbed of his diamond order of St. George as he went to
Court on a royal birthday; but we have yet to tell that a museum was
robbed of its curious medals.
Peter Le Maitre, the thief, was a French teacher at Oxford, and being
supposed to be a man of industry and good morals, he was indulged with
free admission to the Ashmolean Museum. Thither he frequently went, and
appeared very studious over the rare books, and other valuable articles
there deposited. He was frequently left alone to his researches. At one
of such times he stole two medals, and at another he secreted himself
until the doors were locked for the night. When all had retired he came
from his lurking-place, and broke open the cabinet where the medals were
locked up, and possessed himself of its contents; he then wrenched a bar
from the window, and, unsuspected, made his escape.
The college was thrown into the utmost consternation on finding their
Museum thus plundered. Some were suspected, but least of all Le Maitre,
until it was discovered that he had privately left the city in a
post-chaise and four, and that he had pledged two of the stolen medals
to pay the post-boys. This left little doubt that he was the ungrateful
thief. He was advertised and described, and by this means apprehended in
Ireland.
He was conveyed back to Oxford, in order to take his trial; and it
appeared that two of the stolen medals were found in a bureau in his
lodgings, of which he had the use; and two more were traced to the
persons to whom he had sold them.
He had little to offer in extenuation of his crime, and on the clearest
evidence he was found guilty on the 7th March, 1777; and he paid the
penalty of his offence by enduring five years' hard labour at
ballast-heaving on the river Thames.
Whether the ungrateful depredation of Le Maitre stimulated others to the
commission of similar crimes we know not, but it is certain that soon
afterwards Magdalen College Chapel, Oxford, was broken open by two
thieves, who stole from the altar a pair of large silver candlesticks
and a silver dish, with which they escaped undetected.
DAVID BROWN DIGNUM.
CONVICTED OF PRETENDING TO SELL PLACES UNDER GOVERNMENT.
The case of this offender may be well looked upon as a warning to many
of those whose advertisements are daily seen in the newspapers of the
present day, offering a premium to any person who will find a situation
for the advertiser. Many persons have recently been duped in their
search after employment, by fellows who have obtained their money by
means of false pretences; but few have gone the length to pretend to put
the advertiser in possession of the place which he sought.
Dignum was indicted on the 5th of April, 1777, at the Guildhall,
Westminster, for defrauding Mr. John Clarke of the sum of one hundred
pounds two shillings and tenpence, which he had obtained from him under
pretence of investing him with the office of clerk of the minutes in his
majesty's custom-house in Dublin. The evidence in the case was very
simple. The negotiation was commenced between Mr. Clarke and the
prisoner at an early period in the year; and the money having been paid
over, the prisoner handed to the prosecutor a stamped paper or warrant,
bearing the signature of Lord Weymouth, and countersigned by "Thomas
Daw," which he told him would enable him to assume the office which it
mentioned. Upon his proceeding to do so, however, he was found to have
been hoaxed; and upon inquiry, he discovered that the signatures were
forged, and that the seals attached to the warrant had been taken from
some other instrument. The jury immediately found the prisoner guilty;
but the magistrates hesitated a long time on the punishment which should
be inflicted on such an offender, and at length sentenced him to work
five years on the river Thames.
The prisoner, while in Tothill-fields Bridewell, tried every means in
his power to effect his escape, and offered to bribe an attendant in the
prison with a bank-note of ten pounds, to favour his escape in a large
chest. Upon his conviction, no time was now lost in conveying him on
board the ballast-lighter. Being possessed of plenty of money, and
having high notions of gentility, he went to Woolwich in a post-chaise,
with his negro servant behind, expecting that his money would procure
every indulgence in his favour, and that his servant would be still
admitted to attend him: but in this he was egregiously mistaken. The
keepers of the lighter would not permit him to come on board, and Dignum
was immediately put to the duty of the wheelbarrow.
On Monday, the 5th of May, Dignum sent a forged draft for five hundred
pounds for acceptance to Mr. Drummond, banker, at Charing-cross, who,
discovering the imposition, carried the publishers before Sir John
Fielding: but they were discharged; and it was intended to procure an
habeas corpus to remove Dignum to London for examination.
This plan, however, was soon seen through; for, on consideration, it
seemed evident that Dignum, by sending the forged draft from on board
the lighter, preferred the chance of escape, even though death presented
itself on the other side, to his situation; so that no further steps
were taken in the affair, and he remained at work for the period to
which he was sentenced by the laws of his country.
JAMES HILL, _alias_ HIND, _alias_ ATKINS, _alias_ JOHN THE PAINTER.
EXECUTED FOR FIRING PORTSMOUTH DOCK-YARD.
A more dangerous character than this has rarely existed. His offence was
of a nature aimed at the very safety of the kingdom, and, if successful,
and followed up by the operations of his more powerful friends, for
whose benefit it eventually appeared that he had committed the foul
crime of which he was guilty, the most disastrous consequences might
have ensued.
Hill, it appears, was a Scotchman by birth, and was by trade a painter;
from which circumstance he obtained the name by which he is generally
known, of "John the Painter." Having gone to America at an early age,
during a residence there of some years, he imbibed principles opposed to
the interests of his own country. Transported with party zeal, he formed
the desperate resolution of committing a most atrocious crime against
the welfare of England--namely, the burning of the dock-yards at
Portsmouth and Plymouth. At about four o'clock in the afternoon of the
7th of December, 1776, a fire broke out in the round-house of Portsmouth
dock, by which the whole of that building was consumed, and from whose
ravages the rest of the surrounding warehouses were with difficulty
saved. The fire was at first attributed to accident; but on the 5th of
January following, three men, who were engaged in the hemp-house,
discovered a tin machine, somewhat resembling a tea-canister, and near
the same spot a wooden box, containing various kinds of combustibles.
This circumstance being communicated to the commissioner of the dock,
and circulated among the public, several vague and indefinite suspicions
fell upon Hill, who had been lurking about the dock-yard, where he was
distinguished by the appellation of "John the Painter."
In consequence of advertisements in the newspapers, offering a reward of
fifty pounds for apprehending him, he was secured at Odiham, and on the
17th of February the prisoner was examined at Sir John Fielding's
office, Bow-street, where John Baldwin, who exercised the trade of a
painter in different parts of America, attended, by the direction of
Lord Temple. The prisoner's conversations with Baldwin operated very
materially to secure his conviction.