(Vol. iv., pp. 191. 243.)
Although your correspondent E. S. attempts to throw discredit on M. W.
B.'s narration of a deferred execution at Winchester, and carps at the
mention of a "warrant," as if that militated against the fact; yet
doubtless, in times when carelessness among official personages was not
uncommon, many deferred executions may have taken place.
It must be evident, that in the case of a convict _respited during
pleasure_, that _an order_ must at last be formally made for such
person's execution or commutation of punishment; during which interval
the prisoner would remain in custody of the gaoler. This in effect would
be tantamount to a warrant, and of course communicated to the
unfortunate delinquent.
A case somewhat similar to the Winchester one was told me by an old and
respectable inhabitant of Worcester, who was himself cognisant of the
circumstance, and had frequently seen the convict. It occurred in the
gaolership of the father of the present governor of the city gaol. A boy
of only thirteen or fourteen had been convicted of some capital offence,
but on account of his youth was respited indefinitely. He remained in
the gaol, was found to be a docile lad, and much liberty was accorded to
him; the authorities expecting that he would receive a pardon. Time flew
on, many months--I think my informant said nearly two years elapsed, and
his case seemed forgotten. If he was not actually sent on errands out of
the gaol, so loose was his captivity, that he might easily have slipt
away at any time, and been scarcely missed. In fact, he had the full run
of the prison, and was a great favourite with the debtors, whose sports
and amusements he joined in, for discipline was very lax in those days.
He was playing at ball one day in the yard with some debtors, full of
life and glee, when suddenly, to the utter astonishment of the gaoler,
and the awe of his associates, there came an order from London for his
execution. Why he had remained so long forgotten, or why such extreme
severity fell on him so unexpectedly at last, none could tell; but his
case was considered a very hard one, and was commiserated by the whole
city. My informant saw the poor boy conducted to execution. The old
citizen who gave me this account is dead, or I could have recovered the
date of its occurrence.