We were far from being sorry to hear that the exit of the miscreants

from a world to which they were a disgrace, was marked by shouts of

execration from the assembled thousands. It was an honest feeling that

prompted men to rejoice in the destruction of beings, from the deep

damnation of whose iniquity even a Thurtell might have shrunk appalled.

The most profligate among the lower orders of the English people abhor

the crime of murder,--even the daring gangs of thieves by whom the

metropolis is infested, though they live by daily robberies, invariably

refrain from destroying life. Ours is not a blood-thirsty population;

theft is unfortunately of common occurrence, and peculations of almost

every description are continually practised amongst us; but happily

murder is, comparatively, of very rare occurrence, and we have no doubt

that all who witnessed the execution of these human boas rejoiced in

their punishment. Nor ought mistaken pity nor affected sentiment to

silence the expression of indignation to which we have referred. No

man will say that the punishment of hanging was commensurate with the

offences committed, according to their own confessions alone, by Bishop

and Williams; but whilst we would not subject even such creatures to

bodily torture, we cannot regret that the mental agony of their last

moments was increased by the unequivocal tokens of detestation that

assailed their ears on the scaffold. The great end of all punishment

is example, to deter others; and surely the death of these cowardly

murderers, signalized by the audibly-expressed hatred of all men, both

good and bad, must operate as the most effectual warning that could

possibly be devised, to prevent any other human being from imitating

these atrocities, to die like them amid shouts of detestation, and to

purchase an immortality of infamy.

We shall now proceed to the investigation of another part of this most

horrid transaction, and we particularly allude to the acquittal of May,

or, more properly speaking, to his being respited during his Majesty's

pleasure. Connected, however, with this part of our subject, we will

previously insert a sketch of the speech made by the Duke of Sussex

to the Lord Mayor at the close of the trial,--which, although in some

respects conferring high honour upon him, is not wholly borne out in

its sentiments, by the result which afterwards took place.

After the trial had concluded, and the judges, nobility, and other

visitors had retired to a private room, the Duke of Sussex (who had

remained in Court the whole day, paying the most marked attention

to the evidence) took occasion to express the gratification he had

experienced at the manner in which the prosecution had been arranged

and conducted. 'I have,' said his Royal Highness, addressing himself

to the Lord Mayor, 'always made it a point of attending every trial

of national interest that has occurred in the metropolis, and I have

done so, not only from a desire to become acquainted, as far as I

could, with the laws of my country and their practical application, but

because in the station I fill, I feel it to be a sacred duty to take

a personal interest in everything calculated to affect the character

or the security of the people of this country. I have never, my Lord

Mayor, been present at such inquiries without increasing the admiration

with which I regard the criminal jurisprudence of England;--the most

perfect, the most intelligent, and the most humane system that human

ingenuity or wisdom ever devised. Upon the present occasion, whatever

pain I may have felt at the sad necessity for taking away the lives

of the wretched persons whose crimes have excited so powerfully the

indignation of the public, I cannot help feeling proud of being the

native of a country where such a sentiment of indignation has been

universally evinced, and where such disinterested exertions have

been made to expose and bring to justice the perpetrators of crimes

happily, I trust, rare amongst us. In what other part of the world,

indeed, could such a scene be witnessed as that which we have this day

contemplated? The judges of our land, the learned in our law, nobility,

magistrates, merchants, medical professors, and individuals of every

rank in society, anxiously devoting themselves, and co-operating in

the one common object of redressing, as far as human power can do so,

an injury inflicted upon a pauper child, wandering friendless and

unknown in a foreign land. Seeing this, I am indeed proud of being an

Englishman, and prouder still to be a prince in such a country and of

such a people.'

In the first place, however, taking the respite of May into our

consideration, some very serious reflections present themselves to

our mind, and we are induced to give publicity to them, with the sole

view of preserving the purity of our courts of law, and, by pointing

out their existing errors and defects, remove that stigma, which

certain persons are too prone to attach to them. We dispute not the

integrity or the principles of the jury who pronounced the verdict

of guilty upon May, but having ourselves paid the closest attention

to the evidence during the whole of the trial, we were always led to

draw the conclusion, that neither the commission of the crime, nor any

participation in it, was actually so definitely brought home to him, as

to render his life a sacrifice to the laws. We never could discover the

reason of the distrust of the testimony as given by two females, who

clearly proved an alibi on the part of May, on the very night in which

the murder, as stated in the indictment, was supposed to be committed.

Their questionable mode of life might have had some influence in

throwing discredit over their testimony in the opinion of the court;

but we enter our protest decidedly against the deduction, that, because

a female has been driven to prostitution for her support, her testimony

is not to be believed on her oath. In some respects, indeed, the

principle appears to be acted upon, that certain parts of the evidence

of such witnesses may be received, whilst other parts are to be wholly

rejected.

The stains of blood on the jacket of May, which was found in the

lodgings of one of these women, was brought forward as corroborative

of the participation of May in the act of murder, and it cannot be

denied that it was a circumstance which had its weight in influencing

the minds of the jury respecting the guilt of May. This woman in her

evidence states the hours when May came to her lodgings, and which, if

credited, would have gone a great way towards his entire exculpation;

it was, however, impugned on the ground of _her profession_: and

we cannot here conceal our censure at the manner in which these

females were examined by Mr. Adolphus, who seemed to think that if

he could extract from their own lips the confession that they lived

by prostitution, it would follow as a natural conclusion that their

evidence was unworthy of belief. It however, happened, that one of

these women proved, and to the satisfaction of the court, the manner in

which the blood came upon the jacket of May, which happened to issue

from the wounded leg of a jackdaw; and Mr. Thomas himself mounted the

witness-box, after the woman had given her evidence, and declared his

belief, that in that particular the woman spoke the truth, for he

was satisfied that the blood was too fresh to have been cast upon it

previously to the committal of May. Thus one link in the chain of the

evidence against May was broken; but our chief objection was upon the

principle, that if credibility is to be attached to one part of the

evidence of a witness, it should not be optional in the opposite party

to reject any other part which is confirmatory of the innocence of the

accused. We see no more cogent reason why the evidence of the woman

respecting the cause of the stains of the blood should be believed,

and if we may be allowed a mercantile expression, placed to the credit

of May, than that her evidence ought not also to have been received

touching the alibi. The question of immaculacy of character has little

to do in the witness-box, for were that principle to be acted upon, we

suspect that many witnesses, who are believed upon their oath, would

never be put into it at all. It is a very probable case, that a poor

unfortunate girl, whose only crime perhaps is her prostitution, may

in her mind be impressed with the solemn obligations of an oath, and

the consequences which would result to her, morally and religiously,

from the infraction of it; but it by no means follows, that because a

blustering counsel has extracted from her the confession of the mode

of life by which she gains her livelihood, that her testimony is to be

wholly rejected or only partially received, especially when the life

of a human being is dependent upon it. Station in life ought not to

form any distinction in the exercise of these principles; but we could

allude to many instances in which the evidence of titled demireps has

been received, without the smallest disposition being shown to call

into question its truth and credibility. It happened, however, in the

case of the evidence of these women,--that from the confession of both

Bishop and Williams, and on which the highest authority of the nation

was called upon to act, such evidence was in fact substantially true,

and that May was not in the company of those two sanguinary wretches

when the murder was committed. With great truth might May write the

following doggrel rhymes, which were penned on the Sunday morning

previously to the arrival of the respite:--

'James May is doomed to die,

And is condemned most innocently;

The God above he knows the same,

And will send a mitigation for his pain.'

The paper on which the above rhymes were written, contained also some

notes in the prisoner's hand-writing, which appeared to be private

notes to assist the memory in some communications that he intended

to make relative to the manner in which subjects are obtained at the

hospitals, the conduct of watchmen, &c.

The evidence of May's guilt we never considered on the trial to

be conclusive; and, in fact, so general was the opinion, that his

acquittal was considered as put beyond a doubt. His subsequent escape

from an ignominious death may, in reality, be ascribed to the joint

statements of Bishop and Williams; and this leads us to the discussion

of the justice of the punishment, which has been subsequently inflicted

on May. We espouse his cause on the abstract principle of right and

justice, and in accordance with that principle, we would punish the

guilty, and pardon the innocent. The indictment against May stated,

that, in conjunction with Bishop and Williams, he had murdered an

Italian boy, of the name of Carlo Ferrari; and another count stated,

that he had been an accomplice in the murder of some other person

unknown. On this indictment he was found guilty, and sentenced to be

executed. On the confession, however, of the murderers themselves,

it appeared that May had no participation whatever in the crime, and

that he was wholly ignorant of the manner in which the body of the

boy had been procured, but supposed that it had been obtained by the

usual method of exhumation. It was acknowledged that he assisted in

the attempt to dispose of it, on the ground that he was enabled to

obtain a higher price, and that, in the attempt to dispose of it at the

King's College, he was apprehended, and finally committed to prison

to take his trial as an accomplice in the murder. The sequel of that

trial is already known; and his life was spared, it having been made

evident to the competent authorities that he was neither a principal

in the murder nor an accessory after it. The great question, then, is,

and which involves a very important point in the administration of

justice of this country, for what crime has May been sentenced to the

severest punishment, with the exception of death, which our sanguinary

code exhibits, namely, transportation for life? He was either guilty

or innocent of the murder,--the most cogent and valid testimony was

adduced in favour of the latter, and it was considered so conclusive,

that a respite was granted. In the eye of the law he therefore stood

assoilzed from the crime for which he was tried, and therefore not

subject to any punishment. If it be urged that his participation

in the attempt to dispose of the body of the murdered boy rendered

him amenable to the laws, and, being taken in _delicto flagrante_,

to the punishment attached to that act, we perfectly coincide in the

proposition; but then, as the law now stands, the having a dead body

in our possession is not a felony, but simply a misdemeanour, and

punishable, as all other misdemeanours, by imprisonment, hard labour,

or whipping. Of what crime then, we repeat it, has May been found

guilty, to subject him to the punishment of transportation for life.

The confessions of both Bishop and Williams distinctly negatived the

fact that May had the slightest participation in any of the murders

committed by them, and that he even did not know in what manner they

had procured the body, in the attempted sale of which he gave his

assistance. If the simple fact of rendering that assistance rendered

him subject to punishment, how, then, comes it to pass, that no

punishment has been inflicted on Shields, who, with the exception

of negotiating with the purchasers of the body, was, setting the

murder out of the question, as deeply implicated in the affair as May

himself. The entire gist of this extraordinary business lies simply in

the following question,--After the respite was sent to May, for the

commission of what crime was he then detained in prison, for which

he had been tried, or was yet to be tried? We know it may be urged

that it is a rule, that if, through the royal clemency, the life of a

criminal sentenced to death be spared, his punishment is commuted to

transportation for life; but then these general cases do not apply to

the individual one of May. The respited criminals still stand convicted

of the crime for which, by the laws of their country, their lives

became forfeit; and although the royal clemency steps in to prevent the

sacrifice of human life, their offended country still demands their

punishment, and the next severest to death itself is inflicted upon

them. Those cases will not, however, apply to May. He was tried at the

bar of his country for murder, and a jury of that country, on account

of a long chain of circumstantial evidence, many of the links of which

snapped in the attempt to force them to their utmost influence, found

him guilty of the crime charged in the indictment;--he received the

usual sentence of death, and, according to all human calculation, his

hours on earth were numbered. As it has frequently happened in the

cases of criminals sentenced to death, a subsequent investigation took

place in regard to the guilt of May, or, indeed, to any participation

on his part in the murder of the individual for which he was indicted.

From the coincident testimony of the real murderers, it was most

distinctly made to appear that May was wholly innocent, not only of

any participation in the crime, but that he was actually ignorant of

the manner in which the body of the boy had been procured. The judge

himself who tried the prisoners fully coincided in the propriety of

granting a respite to May, founded on the confessions of Bishop and

Williams; and his innocence was at length so strongly confirmed, that

his life was spared. But we now come to the great question,--On what

condition?--That he should be transported for life. Here, then, in the

most enlightened nation of the world, whose courts of judicature are

held up as the pattern for all surrounding nations--whose laws are

boasted of as being founded on mercy, clemency, and truth,--here we

have the example of an individual tried, condemned--found innocent, and

respited--but still punished with the next severest punishment after

death which the criminal code of his country could inflict upon him!

May could not be deemed, in the eye of the law, innocent and guilty at

the same time; but if he was declared to be the former, he had a right

to expect all the benefits and advantages of that innocence. There was

no intermediate state of guilt; he was either guilty of the murder, or

not guilty; and as his innocence was made manifest, he ought to have

been placed in the same situation as he would have been had the verdict

of Not Guilty been pronounced upon him by his Jury.

It was owing to these sentiments operating so powerfully on our mind,

that we were led to analyze a little more closely than we might

otherwise have done, the speech of the Duke of Sussex, in which he

enlarges in such laudatory terms on the enviable superiority of our

courts of law, and the manner in which justice is administered in them;

and all this on an occasion in which a man, afterwards discovered to be

innocent, is condemned to death, and who would certainly have suffered

but for the concurrent testimony of his associates, on which his

innocence was established.

We are aware that not one of our contemporaries has taken this view

of the case of May; and until we are informed of the crime which

May committed, and for which he was tried and convicted at the bar

of his country, we shall always consider that his transportation is

an indelible stain upon the judicature of this country, and that an

irreparable injury has been done to the individual, for which no after

redress can be sufficient.

The public mind, in the mean time, was by no means at rest respecting

the identity of the body of Carlo Ferrari; and as it involved some very

nice points connected with the manner in which the prosecution was got

up, Mr. Corder, on the 8th of December, appeared at Bow-street, before

Sir Richard Birnie and Mr. Minshull, attended by Joseph Paragalli and

Andrew Colla, the two Italian witnesses who gave evidence on the trial

of Bishop, Williams, and May, at the Old Bailey, on Friday, the 5th

instant, and stated, that in consequence of the confessions made by

Bishop and Williams, denying that the body found and sworn to was that

of the Italian boy, the two witnesses now present were most anxious

to remove an impression which had gone abroad, in consequence of the

confessions referred to, and wished to reiterate their firm belief that

the body of the boy brought to King's College for sale was that of

Carlo Ferrari.

Paragalli and Colla then came forward and reasserted their former

evidence.

Mr. Corder said that there were strong grounds for believing that

the confessions of Bishop and Williams, so far as related to their

statement that the body found in their possession was not that of the

Italian boy, was wholly untrue; and in consequence of the denial put

forth in their confessions, which appeared in some degree to cast

discredit upon the whole prosecution, the parish of St. Paul, Covent

Garden, had determined to publish a statement in a few days of the

whole transaction, in order to relieve the public mind from the doubts

occasioned by the confessions of Bishop and Williams. He was perfectly

satisfied, that when that statement was submitted to the public, there

would no longer be any doubt upon the subject, and that the body found

in the possession of Bishop, Williams, and May, was not that of the

drover's boy, but the body of Carlo Ferrari.

Mr. Minshull said he had no doubt but such was the fact, and expressed

his desire that the public mind should be set at rest with respect to

the identity of the body.

Mr. Corder said he would lose no time in drawing up the statement to

which he had alluded.

He then retired, accompanied by the witnesses.

In a few days afterwards, Mr. Corder transmitted the following

statement to the editor of the _Times_, but which still leaves the

identity of the boy as mystical as before.

'SIR,

'Without travelling through a very long statement which has

recently appeared in most of the public journals, purporting to be

"the confession of the murderers," and signed "John Bishop," there

are two points contained in it which appear to me to require some

notice, and upon which the public have some right to be satisfied.

The points are, first--"That the boy, supposed to be the Italian

boy, was a Lincolnshire boy;" and second--"That the death of

the deceased was caused by drowning him in the well, into which

Bishop and Williams put him head-foremost, and where he remained

about three-quarters of an hour." Upon the first point I beg to

trouble you with one or two observations, and in reference to the

second, I shall content myself with the written report, which the

surgeons, who examined the body, both at and previous to the _post

mortem_ examination, have been kind enough, at the request of the

prosecutors, to furnish, and which will be open to the opinions of

all medical and scientific men, as to the probable cause of the

death of the deceased.

'Regarding the identity of the deceased, his person, as Charles

Ferrier, is positively sworn to by several witnesses of

unimpeachable integrity, some of whom were his fellow-countrymen,

and knew him intimately. Two of them had lived for some time in

the same street with him, and one of them (Colla) had actually

made the cage for him in which he carried about his white mice.

All these witnesses saw the body of the deceased within two or

three days after his death, and unhesitatingly recognized him

as the same. Two of them had seen him alive and well the same

week; and one of them accurately described the trousers worn by

the deceased, (which precisely correspond with those found in the

garden,) before he was allowed to see them. In addition to this,

we have it in evidence that an Italian boy with a cage and white

mice was seen close to Bishop's house on the day of the murder;

wearing a cap similar to the one found on the premises, and which

Bishop endeavoured in vain to account for. We then find the

white mice and cage at Bishop's house, in the possession of his

children, on Friday, the 4th instant, the day after the murder,

as proved by a very young witness, but who gave his evidence with

all the simplicity characteristic of truth. And, lastly, we find

the clothes of the deceased in Bishop's garden, the lower buttons

being cut off the jacket, apparently to admit the revolution of

his cage; the tapes also stitched to the lower part of the same

garment for the passage of the strap or riband by which the cage

was confined to his body. And against this body of evidence what

is set up? The unsupported assertion of the wretched culprits,

who, to the latest hour of existence, evinced no penitent or

religious feeling, and who, during their short passage to the

scaffold, on the morning of their execution, execrated the jury

who so justly condemned them. A Lincolnshire boy! Where are his

friends or relations? It is now nearly six weeks since the murder,

and no inquiries are made for him. On the contrary, where is

Charles Ferrier? Why does he not appear? It is a fact that the

body of the deceased was recognized by at least a hundred persons

as a poor Italian boy, whom they had seen carrying white mice

about the streets of London. But were there any appearances to

indicate that the deceased was a Lincolnshire drover boy? None.

His hands were smooth and soft, and no horny substance upon them,

as though he had been used to manual labour. These facts, and

this evidence, together with the verdict of a jury, after a long

and patient trial, before a humane and discerning judge, stand

at present alone opposed by the statement of the murderers, and

between them the public must judge.

'On the second point, as to the mode of death of the deceased,

which is described in the confessions as that of drowning, it will

be only necessary to read the following report which the surgeons

have been requested to prepare on the appearances of the body,

both at and previous to the _post mortem_ examination, and it will

then be for medical and scientific persons to say whether it is

morally possible that the heart should have been perfectly empty

and contracted, and that the other appearances described should

have manifested themselves, if death had been produced as the

murderers allege.

The history of the London Burkers Containing a faithful and authentic account of the horrid acts of the noted Resurrectionists, Bishop, Williams, May, etc., etc., and their trial and condemnation at the Old Bailey for the wilful murder of Carlo Ferrari, with the criminals' confessions after trial. Including also the life, character, and behaviour of the atrocious Eliza Ross, the murderer of Mrs. Walsh, etc., etc. · 第 16 / 27 段