MITIGATION OF CAPITAL PUNISHMENT TO FORGERS.

(Vol. iv., p. 434., &c.)

I have asked many questions, and turned over many volumes and files of

newspapers, to get at the real facts of the cases of mitigation stated in

"N. & Q." Having winnowed the chaff as thoroughly as I could, I send the

very few grains I have found. Those only who have searched annual

registers, magazines, and journals for the foundation of stories defective

in names and dates, will appreciate my difficulties.

I have not found any printed account of the "Jeannie Deans" case, "N. &

Q.," Vol. iv., p. 434.; Vol. v., p. 444.; Vol. vi., p. 153. I have inquired

of the older members of the Northern Circuit, and they never heard of it.

Still a young man may have been convicted of forgery "about thirty-five

years ago:" his sister may have presented a well-signed petition to the

judges, and the sentence may have been commuted without the tradition

surviving on the circuit. All however agree, that no man who ever sat on

the bench deserved the imputation of "obduracy" less than Baron Graham. I

should not have noticed the anecdote but for its _mythic_ accompaniments,

which I disposed of in "N. & Q.," Vol. v., p. 444.

In Vol. vi., p. 496., W. W. cites from Wade's _British History_:

"July 22, 1814. Admiral William B----y found guilty of forging letters

to defraud the revenue. He was sentenced to death, which was commuted

to banishment."

The case is reported in _The Sun_, July 25, 1814; and the subsequent facts

are in _The Times_, July 30, and August 16 and 20. It was tried before Mr.

Justice Dampier at the Winchester Summer Assizes. There were five bills

against the prisoner for forgery, and one for a fraud. That on which he was

convicted, was for defrauding the post-master of Gosport of 3l. 8s. 6d. He

took to the post-office a packet of 114 letters, which he said were "ship

letters," from the "Mary and Jane." He received the postage, and signed the

receipt "W. Johnstone." The letters were fictitious. The case was fully

proved, and he received sentence of death. He was respited for a fortnight,

and afterwards during the pleasure of the Prince Regent. He was struck off

the list of retired {574} rear-admirals. It was proved at the trial, that,

in 1809, he commanded "The Plantagenet;" but, _from the unsettled state of

his mind_, the command had been given up to the first lieutenant, and that

he was shortly after superseded. This, and the good character he received,

were probably held to excuse the pardon.

I now come to the great case of George III. and Mr. Fawcett. I much regret

that WHUNSIDE has not replied in your pages to my question (Vol. vii., p.

163.), as I could then have commented upon the facts, and his means of

knowing them, with more freedom. I have a private communication from him,

which is ample and candid. He objects to bring his name before the public,

and I have no right to press that point. He is not _quite_ certain as to

the convict's name, but can procure it for me. He would rather that it

should not be published, as it might give pain to a respectable family.

Appreciating the objection, and having no use for it except to publish, I

have declined to ask it of him.

The case occurred in 1802 or 1803, when WHUNSIDE was a pupil of Mr.

Fawcett. He says:

"Occasionally Mr. Fawcett used to allow certain portions of a weekly

newspaper to be read to the boys on a Saturday evening. This case was

read to us, I think from the _Leeds Mercury_; and though Mr. Fawcett's

name was not mentioned, we were all aware who the minister was."

Thus we have no _direct_ evidence of the amount of Mr. Fawcett's

communications with George III. How much of the story as it is now told was

read to the boys, we do not know; but that it came to them first through a

weekly paper, is rather against than for it.

We all know the tendency of good stories to pick up additions as they go. I

have read that the first edition of the _Life of Loyola_ was without

miracles. This anecdote seems to have reached its full growth in 1823, in

Pearson's _Life of W. Hey, Esq._, and probably in the two lives of George

III., published after his death, and mentioned by WHUNSIDE. Pearson, as

cited in "N. & Q.," Vol. vi., p. 276., says, that by some means the _Essay

on Anger_ had been recommended to the notice of George III., who would have

made the author a bishop had he not been a dissenter; that he signified his

wish to serve Mr. Fawcett, &c. That on the conviction of H----, Mr. Fawcett

wrote to the king; and a letter soon arrived, conveying the welcome

intelligence, "You may rest assured that his life is safe," &c.

It is not stated that this was "private and confidential:" if it was, Mr.

Fawcett had no right to mention it; if it was not, he had no reason for

concealing what was so much to his honour, and so extraordinary as the

king's personal interference in a matter invariably left to the Secretary

of State for the Home Department. If, however, Mr. Fawcett was silent from

modesty, his biographers had no inducement to be so; yet, let us see how

they state the case. The _Account of the Life, Writings, and Ministry of

the late Rev. John Fawcett_: London, 1818, cited in "N. & Q.," Vol. vi., p.

229., says:

"He was induced, _in conjunction with others_, to solicit the exercise

of royal clemency in mitigating the severity of that punishment which

the law denounces: and it gladdened the sympathetic feelings of his

heart to know that these petitions were not unavailing; but the modesty

of his character made him regret the publicity which had been given to

this subject."

The fifth edition of the _Essay on Anger, printed for the Book Society for

Promoting Religious Knowledge_, London, no date, has a memoir of the

author. The "incident" is said not to have been circulated _in any

publication by the family_; but "it was one of the secrets which obtain a

wider circulation from the reserve with which one relator invariably

retails it to another." That is exactly my view. Secrecy contributes to

diffusion, but not to accuracy. At the risk of being thought tedious, I

must copy the rest of this statement:

"Soon after the publication of this treatise, _the author took an

opportunity of presenting a copy_ to our late much revered sovereign;

whose ear was always accessible to merit, however obscure the

individual in whom it was found. Contrary to the fate of most

publications laid at the feet of royalty, it was diligently perused and

admired; and a communication of this approbation was afterwards made

known to the author. It happened some time afterwards, a relative of

one of his friends was convicted of a capital crime, for which he was

left for execution. Application was instantly made for an extension of

royal favour in his behalf; and, among others, one was made by Mr.

Fawcett: and his majesty, _no doubt recollecting the pleasure he had

derived from the perusal of his_ Essay on Anger, _and believing that he

would not recommend an improper person to royal favour_, was most

graciously pleased to answer the prayer of the petition; but _as to

precisely how far the name of Mr. Fawcett might have contributed to

this successful application must await the great disclosures of a

future judgment._"

The reader will sift this jumble of inferences and facts, and perhaps will

not go so far as to have "no doubt."

WHUNSIDE tells me, that about 1807 he employed a bookbinder from Halifax;

who, on hearing that he had been a pupil of Mr. Fawcett, said he had seen

two copies of the _Essay on Anger_, most beautifully bound, to be sent to

the king.

The conclusion to which I come is, that Mr. Fawcett sent a copy of the

_Essay on Anger_ to the king; that the receipt of it was acknowledged,

possibly in some way more complimentary than the ordinary circular; that a

young man was convicted of forgery; that Mr. Fawcett and others petitioned

for his pardon, and that he was {575} pardoned. All the rest I hold to be

mere rumours, not countenanced by Mr. Fawcett or his family, and not

_asserted_ by his biographers.

Notes and Queries, Number 189, June 11, 1853 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 38 / 124 题