recollection of Mr. Mompesson that, some time before, he had given
orders for the arrest and imprisonment of a wandering drummer, who went
about the country with a large drum, disturbing quiet people and
soliciting alms, and that he had detained the man's drum, and that,
probably, the drummer was a wizard, and had sent evil spirits to haunt
his house, to be revenged of him. He became strengthened in his opinion
every day, especially when the noises assumed, to his fancy, a
resemblance to the beating of a drum, "like that at the breaking up of a
guard." Mrs. Mompesson being brought to bed, the devil, or the drummer,
very kindly and considerately refrained from making the usual riot; but,
as soon as she recovered strength, began again, "in a ruder manner than
before, following and vexing the young children, and beating their
bedsteads with so much violence that every one expected they would fall
in pieces." For an hour together, as the worthy Mr. Mompesson repeated
to his wondering neighbours, this infernal drummer "would beat
'Roundheads and Cuckolds,' the 'Tat-too,' and several other points of
war, as cleverly as any soldier." When this had lasted long enough, he
changed his tactics, and scratched with his iron talons under the
children's bed. "On the 5th of November," says the Rev. Joseph Glanvil,
"it made a mighty noise; and a servant, observing two boards in the
children's room seeming to move, he bid it give him one of them. Upon
which the board came (nothing moving it, that he saw) within a yard of
him. The man added, 'Nay, let me have it in my hand;' upon which the
spirit, devil, or drummer, pushed it towards him so close, that he might
touch it. This," continues Glanvil, "was in the day-time, and was seen
by a whole room-full of people. That morning it left a sulphurous smell
behind it, which was very offensive. At night the minister, one Mr.
Cragg, and several of the neighbours, came to the house on a visit. Mr.
Cragg went to prayers with them, kneeling at the children's bedside,
where it then became very troublesome and loud. During prayer-time, the
spirit withdrew into the cock-loft, but returned as soon as prayers were
done; and then, in sight of the company, the chairs walked about the
room of themselves, the children's shoes were hurled over their heads,
and every loose thing moved about the chamber. At the same time, a
bed-staff was thrown at the minister, which hit him on the leg, but so
favourably, that a lock of wool could not have fallen more softly." On
another occasion, the blacksmith of the village, a fellow who cared
neither for ghost nor devil, slept with John the footman, that he also
might hear the disturbance, and be cured of his incredulity, when there
"came a noise in the room, as if one had been shoeing a horse, and
somewhat came, as it were, with a pair of pinchers," snipping and
snapping at the poor blacksmith's nose the greater part of the night.
Next day it came, panting like a dog out of breath; upon which some
woman present took a bed-staff to knock at it, "which was caught
suddenly out of her hand, and thrown away; and company coming up, the
room was presently filled with a _bloomy noisome smell_, and was very
hot, though without fire, in a very sharp and severe winter. It
continued in the bed, panting and scratching for an hour and a half, and
then went into the next room, where it knocked a little, and seemed to
rattle a chain."
The rumour of these wonderful occurrences soon spread all over the
country, and people from far and near flocked to the haunted house of
Tedworth, to believe or doubt, as their natures led them, but all filled
with intense curiosity. It appears, too, that the fame of these events
reached the royal ear, and that some gentlemen were sent by the King to
investigate the circumstances, and draw up a report of what they saw or
heard. Whether the royal commissioners were more sensible men than the
neighbours of Mr. Mompesson, and required more clear and positive
evidence than they, or whether the powers with which they were armed to
punish anybody who might be found carrying on this deception frightened
the evil-doers, is not certain; but Glanvil himself confesses, that all
the time they were in the house the noises ceased, and nothing was heard
or seen. "However," says he, "as to the quiet of the house when the
courtiers were there, the intermission may have been accidental, or
perhaps the demon was not willing to give so public a testimony of those
transactions which might possibly convince those who he had rather
should continue in unbelief of his existence."
As soon as the royal commissioners took their departure, the infernal
drummer recommenced his antics, and hundreds of persons were daily
present to hear and wonder. Mr. Mompesson's servant was so fortunate as
not only to hear, but to see this pertinacious demon; for it came and
stood at the foot of his bed. The exact shape and proportion of it he
could not discover; but "he saw a great body, with two red and glaring
eyes, which, for some time, were fixed steadily on him, and at length
disappeared." Innumerable were the antics it played. Once it purred like
a cat; beat the children's legs black and blue; put a long spike into
Mr. Mompesson's bed, and a knife into his mother's; filled the
porringers with ashes; hid a Bible under the grate; and turned the
money black in people's pockets. "One night," says Mr. Mompesson, "there
were seven or eight of these devils in the shape of men, who, as soon as
a gun was fired, would shuffle away into an arbour;" a circumstance
which might have convinced Mr. Mompesson of the mortal nature of his
persecutors, if he had not been of the number of those worse than blind,
who shut their eyes, and refuse to see.
In the mean time, the drummer, the supposed cause of all the mischief,
passed his time in Gloucester gaol, whither he had been committed as a
rogue and a vagabond. Being visited one day by some person from the
neighbourhood of Tedworth, he asked what was the news in Wiltshire, and
whether people did not talk a great deal about a drumming in a
gentleman's house there? The visiter replied, that he heard of nothing
else; upon which the drummer observed, "I have done it; I have thus
plagued him! and he shall never be quiet until he hath made me
satisfaction for taking away my drum." No doubt the fellow, who seems to
have been a gipsy, spoke the truth, and that the gang of which he was a
member knew more about the noises at Mr. Mompesson's house than anybody
else. Upon these words, however, he was brought to trial at Salisbury
for witchcraft; and, being found guilty, was sentenced to
transportation; a sentence which, for its leniency, excited no little
wonder in that age, when such an accusation, whether proved or not,
generally insured the stake or the gibbet. Glanvil says, that the noises
ceased immediately the drummer was sent beyond the seas; but that,
somehow or other, he managed to return from transportation,--"by raising
storms and affrighting the seamen, it was said;" when the disturbances
were forthwith renewed, and continued at intervals for several years. It
was believed by many at the time, that Mr. Mompesson himself was privy
to the whole matter, and permitted and encouraged these tricks in his
house for the sake of notoriety; but it seems more probable that the
gipsies were the real delinquents, and that Mr. Mompesson was as much
alarmed and bewildered as his credulous neighbours, whose excited
imaginations conjured up no small portion of these stories,--
"Which roll'd, and, as they roll'd, grew larger every hour."
Many instances of a similar kind, during the seventeenth century, might
be gleaned from Glanvil and other writers of that period; but they do
not differ sufficiently from these to justify a detail of them.
ROBERT ASLETT,
CONDEMNED TO DEATH FOR EMBEZZLING PUBLIC PROPERTY.
Mr. Aslett had been in the employ of the Governor and Company of the
Bank of England for about twenty-five years, and had conducted himself
faithfully and meritoriously until he was induced, unfortunately, to
speculate in the funds; when, in dereliction of that duty and fidelity
which he owed to his employers, he subtracted immense sums from the
property entrusted to his care.
In the year 1799, having gone through the necessary and regular
gradations, he was appointed one of the cashiers. It was a part of the
business of the Bank to purchase exchequer bills, to supply the
exigencies of government; and the purchases were entrusted to the care
of Mr. A. Newland; but on account of that gentleman's growing
infirmities, he having been fifty-eight years in the service of the
Bank, the management was left wholly under the care and direction of Mr.
Aslett. The purchases were made of Mr. Goldsmid, by the means of Mr.
Templeman, a broker. It was usual to make out a bill in the name of the
person from whom they were made, which was delivered to Mr. Aslett, to
examine and enter in what is called the Bought-book, and he gave orders
to the cashiers to reimburse the broker. The bills were afterwards
deposited in a strong chest, kept in Mr. Newland's room; and when they
had increased in bulk by subsequent purchases, they were selected by Mr.
Aslett, who tied them up in large bundles, and carried them to the
parlour, that is to say, the room in which the Directors held their
meetings, accompanied by one of the clerks, with the original book of
entry, when the Directors in waiting received the envelope, and
deposited it in the strong iron chest, which had three keys, and to
which none but the Directors had access; and from which it could not be
brought forth until the time of payment, unless by consent of at least
two of the Directors. Therefore it was not possible for them to find
their way into the hands of the public or the monied market, unless
embezzled for that purpose. On the 26th of February, 1803, Mr. Aslett,
according to the practice, made up three envelopes of exchequer bills,
of 1000_l._ each bill; the first containing bills to the amount of
100,000_l._, the second 200,000_l._, and the third 400,000_l._; making
in the whole 700,000_l._ These were, or in fact ought to have been,
carried into the parlour, and were signed as being received by two of
the Directors, Messrs. Paget and Smith; but one of the bundles, namely,
that containing the 200,000_l._ worth of bills, was withdrawn.
The confidence which the Governor and Company had placed in Mr. Aslett
had enabled him to conceal the transaction from the 26th of February to
the 9th of April; but on that day, in consequence of an application made
by Mr. Bish, the whole was discovered. On the 16th of March, Mr. Aslett
went to that gentleman, and requested he would purchase for him
50,000_l._ Consols, to which request no objection was made, provided he
deposited the requisite securities. The fluctuation of the market at
that time was six per cent., and Aslett, in order to cover any deficit,
deposited with Mr. Bish three exchequer bills, Nos. 341, 1060, and 2694,
which he knew had been previously deposited in the Bank. From some
circumstances, and from his general knowledge of the whole of the
business of the funds, Mr. Bish suspected all was not right, and he
accordingly went to the Bank, where an investigation took place, at
which Mr. B. Watson, one of the Directors, was present. Mr. Newland was
sent for, and asked whether any of the exchequer bills could, by
possibility, get into the market again from the Bank? To which he
answered in the negative, observing that they were a dormant security.
The same question was put to Mr. Aslett, and the same answer given by
him. It was found necessary to tell him that the bills in question,
which could be proved to have been in the Bank, had found their way into
the money-market; and at the same time it was observed, that he had made
purchases, to a large amount, of stock, with the bills: this was
acknowledged by him; but he said he had done so for a friend, named
Hosier, residing at the west end of the town; and he declared that they
were not Bank property, nor to be found in the Bought-book. The
Directors, however, were not satisfied on this point, and he was
immediately secured. His trial was postponed to July, as it occurred to
those employed in the prosecution that the bills in question had been
issued with an informality in them, not having the signature of the
Auditor of the Exchequer. They were aware of the objections that might
be taken, and Parliament not then being sitting, it was thought
advisable to postpone the trial, lest it might create an alarm in the
money-market. The fact was no sooner known, than a bill was brought into
Parliament for remedying those defects, and to render the bills valid.
On Friday, July 8, 1804, Mr. Aslett's trial commenced. Mr. Garrow, on
the part of the prosecution, stated the facts above mentioned; but when
about to call witnesses to give evidence, Mr. Erskine insisted that the
exchequer bills, which the prisoner stood charged with having stolen,
were not good bills till the act of parliament had made them so, and
consequently that they were pieces of waste paper when stolen. The Chief
Baron Macdonald, Mr. Justice Rooke, and Mr. Justice Lawrence concurred,
that the present indictment could not be maintained; and the jury were
accordingly desired to acquit the prisoner.
He was afterwards, however, tried on nine other indictments, the
evidence being the same, Mr. Garrow having applied to the Court to
detain him in custody, it being, he said, the intention of the Bank
Directors to issue a civil process against him for one hundred thousand
pounds, and upwards, the moneys paid for the bills which he had
converted to his own use.
Mr. Kirby at first hesitated to receive the prisoner, understanding he
was acquitted; but was peremptorily desired by the Court to take him
back.
Mr. Aslett was dressed in a lightish brown coat, his hair being full
powdered. He appeared quite collected, but held down his head, never
once looking up, except when the application was made to keep him in
custody, when he expressed symptoms of great surprise, and looked very
steadfastly at the Court.
On Saturday, September 17, Mr. Aslett was again brought to the bar of
the Old Bailey, before Baron Chambre and Mr. Justice Le Blanc. The
prisoner was attended by four or five gentlemen, who continued in the
Dock during the whole time of the trial.
Three indictments were read, with two counts in each, charging the
prisoner with secreting and embezzling three notes. The first indictment
was, for that he, being an officer or servant of the Governor and
Company of the Bank of England, had secreted and embezzled a certain
piece of paper, partly written, and partly printed, being No. 835,
purporting to be of the value of five hundred pounds; the second, 2694,
for one thousand pounds; and the third, No. 6061, for one thousand
pounds. One count in each stated them as securities, and the other as
effects belonging to the said Governor and Company. There were other
counts, diversifying the statement of the property in other forms, such
as were deemed to come within the law.
Mr. Garrow stated the case at considerable length to the jury. There was
one point, to which he called particular attention, and that was that
the prisoner had been tried before, and acquitted of the offence of
purloining exchequer bills to an immense amount; as it was then proved
to the satisfaction of the learned judges on the bench, for whom he
entertained the highest respect, that they were not actually such as
might in law be termed exchequer bills, in consequence of their not
having been signed as the act directs. The present indictments, however,
stated them as papers _purporting_ to be exchequer bills, which they
evidently were on the face of them, and subdivided the charge, by
stating them one time as securities, and at another time as effects
belonging to the Company. This he had no doubt that the jury would be
convinced of upon hearing them read; and it was an important duty which
the Bank owed to the public, that they should not suffer so great a
delinquent to escape the justice of the country, in consequence of any
want of exertion on their part.
Mr. Erskine, in behalf of the prisoner, delivered a most animated
address to the jury. He stated, that the former indictments against the
gentleman at the bar had been objected to on grounds which were approved
of by the learned judges who then sat upon the bench.--He was now
brought up again to be tried for exactly the same offence, though
differently stated; and he thought that the present proceeding was
liable to the same objections which were then admitted to be valid by
the bench; but he should oppose it on much stronger grounds. He then
objected to the legality of Mr. Jenning's signature, in the place of
that of Lord Grenville, as Auditor of the Exchequer. That the same
illegality in a criminal sense existed with respect to all bills issued
at that time from the Exchequer, was manifest from the circumstance of
the legislature having found it necessary to pass an act expressly for
the purpose of making them legal in a civil view; and that act had a
most humane proviso, which declared, in plain terms, that the act was to
be considered to make the exchequer bills issued at that time valid only
in a civil view, and was not to have any retrospective view to any
criminal offence committed before the passing of that act. The learned
gentleman stated, that as securities, they were nothing in law, for a
person, at the time of their being passed, could not recover at law. As
to the idea of calling them effects, he considered that, though the
legislature had thought proper to pass an act for the protection of that
company above all others, by passing what is generally termed the Bank
Act, in consequence of the immense magnitude of that concern, yet
effects must obviously mean the same as in a case of petty larceny would
be considered as effects, that is something intrinsically valuable in
themselves, without taking in or mixing in the mind the idea of their
professed or avowed value. If that was not the case, a clerk who took
away a loose half sheet of paper lying about the office, or a pen that
was worn to the stump, came within the limits of the act, and would be
liable to a prosecution for felony. If he did not know the highly
respectable character which that Company supported, and the very great
ability by which they were counselled, he should be induced to say that
the prosecution of the gentleman at the bar a second time, for exactly
the same offence of which he had been before acquitted by law, was
vexatious; and he should declare, not only as a lawyer, but as a man,
that they were rather inclined to be severe towards the prisoner, than
that they should be thought in the least to relax from their duty, or
from an idea of justice to the public. The articles stated in the
indictments must either be really and _bonâ fide_ exchequer bills, or
else they were no securities; they were no effects in law; they were no
more than pieces of waste paper, for the embezzlement of which he had
never known a prosecution to be sustained at law. The generosity of
government, or the justice of the country, could not at that time pay a
single farthing for them; the strings of the national purse were only to
be drawn by the consent of the legislature, and at that time there was
no such consent obtained; the articles in the indictment were at that
time nothing but so many pieces of waste, printed, and written paper,
which had not been called into existence as anything of valuable
property, as any effects belonging to the Bank which had obtained the
sanction of Parliament; they had not been animated by the breath of the
legislature. The learned gentleman then quoted several cases from the
Reports, showing that chattels or effects must be something valuable
intrinsically in themselves; and said that it was his firm belief that
the learned judges at present on the bench would deliver an opinion
similar in effect to that which had already been delivered by the
learned judges sitting on that bench at the time of Mr. Aslett's former
trial: he believed that they would find themselves in the same
situation, and instruct the jury to find a verdict for the acquittal of
that gentleman without hearing any evidence upon the case; as in his
opinion it was not such as could be supported in law.
Mr. Serjeant Best followed on the same side, and the Court determined to
reserve the point for consideration. Evidence was then given in proof of
the facts stated at the beginning of this article, and the jury returned
a verdict of Guilty.
Mr. Aslett betrayed neither a symptom of fear, nor levity, but seemed to
pay the greatest attention to everything that passed, and conducted
himself with a becoming firmness throughout the whole of the trial. When
the verdict was pronounced, there was a great buz in the Court: Mr.
Aslett waited for about two minutes, then bowed to the Court, and
withdrew, accompanied by his friends.
On February 16, 1804, Mr. Aslett was brought to the bar to receive his
sentence, when Mr. Baron Hothan addressed him as follows:--
"Robert Aslett, you were tried and convicted in this Court, in the
September sessions, 1803, for embezzling effects belonging to the
Governor and Company of the Bank of England, you being an officer and
servant of that Bank, and, as such, entrusted with their property. It
was argued by your counsel, that the bills were not valid or legal
bills, having been signed by a person not properly authorised by Lord
Grenville, though they had been issued as good, and paid as such. On
this indictment you have been lawfully convicted by a jury of your
countrymen; but judgment has been suspended till the opinion of the
twelve judges of England was taken on this important case, in order to
ascertain whether these bills were good, according to the statute 15
Geo. II. Eleven of these judges were of opinion that some of the
objections, so ably argued by your counsel, should be sustained; they
have since held various conferences, which produced various different
opinions; and it is now my duty to communicate to you the result of
their investigation. Several points were urged in your favour, upon all
of which, however except one, the Judges have given their decision
against you. The only material question for consideration was, whether
or not these bills fall within the meaning of the statute 15 Geo. II.,
and can be denominated effects according to that act. On this point,
indeed, the judges were not unanimous, but the majority are of opinion
that they are effects and securities within the true meaning of the act.
The great object of the legislature was to add security and administer
protection to the Bank of England. The immense national concerns with
which it was and still is entrusted, called upon the legislature for
particular provisions in its favour. The principles of legislation must
now be applied to the object under contemplation; and the view we take
of any code of laws must be more comprehensive when it concerns so
materially such a large incorporated body, than when it only relates to
private individuals. Considering this law then in the enlarged and
liberal view on which it was framed by the legislature (at the same time
that all the judges disclaim any wish to strain any part of it where it
is so penal,) the recollection of the enormous weight of exchequer
bills, in which the public were so deeply and materially concerned,
cannot fail to occur to every mind. That these bills had become the fair
and valuable property of the Bank was allowed on all hands; but still it
was argued that they were not such securities as fell within the true
meaning of the Act of Parliament, because they were not of any positive
or intrinsic value. Now, whatever shall be deposited with the Bank, was
expressly guarded by the words of the act; and although the bills in
question be of no descriptive legal value, yet they carry about them
such a consequence at least as may make their preservation of the utmost
importance to the Bank. In that view, therefore, they surely have their
value. They are at least valuable papers, whatever they may be called,
and the holders of them have them as such, having paid for them the
value which they respectively import. They are therefore to be included
in the true meaning of the word securities, which may be in the end
available to any person who may be possessed of them."
The conviction was therefore determined to be good, and on the following
Monday, 20th February, 1804, this unfortunate man received sentence of
death. This punishment was, however, subsequently commuted to
transportation.
SAMUEL WILD MITCHELL.
EXECUTED FOR MURDER.