‘That he believes they were beating some plate, for he heard them make

a noise. They stayed there about an hour, and then came out of the

cave, and told him that Clark was gone off. Observing a bag they had

along with them, he took it in his hand, and saw that it contained

plate. On asking why Daniel did not take the plate along with him,

Terry and Houseman replied that they had bought it of him, as well as

the watches, and had given him money for it, that being more convenient

for him to go off with, as less cumbersome and dangerous. After which

they all three went into Houseman’s warehouse, and concealed the

watches, with the small plate, there; but that Terry carried away with

him the great plate; that, afterwards, Terry told him he carried it to

How Hill, and hid it there, and then went into Scotland and disposed of

it; but as to Clark, he could not tell whether he was murdered or not,

he knew nothing of him, only they told him he was gone off.’

Terry, being thus implicated, was arrested and committed to gaol; but

the prosecutors for the crown, after the bills of indictment were

preferred against all three, finding their proof insufficient to obtain

a conviction at the coming assizes, prevailed on the judge to hold

the case over until the Lammas Assizes. There was not enough outside

evidence to convict them all; evidence, if any, could only be furnished

by the criminals themselves. There was sufficient to convict either

Aram or Houseman singly, if one or other would tell the truth, and all

he knew; so after many consultations as to the person whom it was most

advisable and just to punish, it was unanimously agreed that Aram,

who from his education and position was the worst of the lot, should

be punished, and in order to do so it was necessary to try to acquit

Houseman, who would then be available as evidence against Aram. The

case against Terry was so slight, that he was, perforce, let go.

On Friday, 3rd of August, 1759, the trials took place, and Houseman

was first arraigned, but there being no evidence against him he was

acquitted, to the great surprise and regret of everyone who was not

behind the scenes.

Then Aram was put in the dock to stand his trial, and deep, indeed,

must have been his disgust, when he found his accomplice, Houseman,

step into the witness-box and tell his version (undoubtedly perjured)

of the murder. His evidence was, except in a few minor particulars,

similar to his previous statement. Sweet innocent! When he saw Aram

strike Clark, he made haste home, and knew nothing of the disposal of

the body until the next morning, when Aram called on him, and told him

he had left it in the cave, and dire were his threats of vengeance

should Houseman ever disclose the dread secret of that eventful night.

After this sensational evidence the other witnesses must have seemed

very tame. Clark’s servant proved that his master had just received

his wife’s little portion, and that Aram was perfectly cognizant

thereof. Another witness deposed to seeing Houseman come out of Aram’s

house about one o’clock in the morning of the 8th of February. A

third deposed to the recovery of some of his own goods of which Clark

had defrauded him, and which were found buried in Aram’s garden. The

constable who arrested him had a few words to say, and the skull was

produced in Court, when a surgical expert declared that the fractures

must have been produced by blows from some blunt instrument, and could

not possibly proceed from natural decay.

Aram was then called upon for his defence, and he produced a manuscript

of which the following is a copy. It is, as will be perceived, a

laboured and casuistical defence, not having a true ring about it, and

not at all like the utterance of a perfectly innocent man.

* * * * *

‘MY LORD,

I know not whether it is of right or through some indulgence of your

Lordship that I am allowed the liberty at this Bar and at this time to

attempt a defence, incapable, and uninstructed as I am to speak. Since,

while I see so many eyes upon me, so numerous and awful a concourse,

fixed with attention, and filled with I know not what expectancy, I

labour, not with guilt, my Lord, but with perplexity. For having never

seen a Court but this, being wholly unacquainted with law, the customs

of the Bar, and all judiciary proceedings, I fear I shall be so little

capable of speaking with propriety in this place, that it exceeds my

hope, if I shall be able to speak at all.

I have heard, my Lord, the indictment read, wherein I find myself

charged with the highest crime, with an enormity I am altogether

incapable of, a fact to the commission of which there goes far more

insensibility of heart, more profligacy of morals, than ever fell to my

lot. And nothing, possibly, could have admitted a presumption of this

nature, but a depravity not inferior to that imputed to me. However, as

I stand indicted at your Lordship’s Bar, and have heard what is called

evidence induced in support of such a charge, I very humbly solicit

your Lordship’s patience, and beg the hearing of this respectable

audience, while I, single and unskilful, destitute of friends, and

unassisted by counsel, say something, perhaps like an argument, in my

defence. I shall consume but little of your Lordship’s time; what I

have to say will be short, and this brevity, probably, will be the best

part of it. However, it is offered with all possible regard, and the

greatest submission to your Lordship’s consideration, and that of this

honourable Court.

_First._ My Lord, the whole tenor of my conduct in life contradicts

every particular of this indictment. Yet I had never said this, did

not my present circumstances extort it from me, and seem to make it

necessary. Permit me here, my Lord, to call upon malignity itself,

so long and cruelly busied in this prosecution, to charge upon me

any immorality, of which prejudice was not the author. No, my Lord,

I concerted not schemes of fraud, projected no violence, injured no

man’s person or property. My days were honestly laborious, my nights

intensely studious. And I humbly conceive my notice of this, especially

at this time, will not be thought impertinent or unreasonable, but, at

least, deserving some attention. Because, my Lord, that any person,

after a temperate use of life, a series of thinking and acting

regularly, and without one single deviation from sobriety, should

plunge into the very depth of profligacy, precipitately, and at once,

is altogether improbable and unprecedented, and absolutely inconsistent

with the course of things. Mankind is never corrupted at once; villainy

is always progressive, and declines from right, step after step, till

every regard of probity is lost, and all moral obligation totally

perishes.

Again, my Lord, a suspicion of this kind, which nothing but malevolence

could entertain, and ignorance propagate, is violently opposed by my

very situation at that time, with respect to health. For, but a little

space before, I had been confined to my bed, and suffered under a very

long and severe disorder, and was not able, for half a year together,

so much as to walk. The distemper left me, indeed, yet slowly, and in

part; but so macerated, so enfeebled, that I was reduced to crutches,

and was so far from being well about the time I am charged with this

fact, that I never to this day perfectly recovered. Could, then, a

person in this condition take anything into his head so unlikely, so

extravagant? I, past the vigour of my age, feeble and valetudinary,

with no inducement to engage, no ability to accomplish, no weapon

wherewith to perpetrate such a fact; without interest, without power,

without motive, without means.

Besides, it must needs occur to everyone that an action of this

atrocious nature is never heard of, but, when its springs are laid

open, it appears that it was to support some indolence or supply some

luxury, to satisfy some avarice or oblige some malice, to prevent some

real, or some imaginary want; yet I lay not under the influence of any

one of these. Surely, my Lord, I may, consistent with both truth and

modesty, affirm thus much; and none who have any veracity, and knew me,

will ever question this.

In the second plea, the disappearance of Clark is suggested as an

argument of his being dead; but the uncertainty of such an inference

from that, and the fallibility of all conclusions of such a sort, from

such a circumstance, are too obvious and too notorious to require

instances; yet, superseding many, permit me to produce a very recent

one, and that afforded by this castle.

In June, 1757, William Thompson, for all the vigilance of this

place, in open daylight, and double-ironed, made his escape, and,

notwithstanding an immediate inquiry set on foot, the strictest search,

and all advertisements, was never seen or heard of since. If, then,

Thompson got off unseen, through all these difficulties, how very

easy was it for Clark, when none of them opposed him? But what would

be thought of a prosecution commenced against any one seen last with

Thompson?

Permit me next, my Lord, to observe a little upon the bones which have

been discovered. It is said, which, perhaps, is saying very far, that

these are the skeleton of a man. It is possible, indeed it may; but is

there any certain known criterion which incontestably distinguishes

the sex in human bones? Let it be considered, my Lord, whether the

ascertaining of this point ought not to precede any attempt to identify

them.

The place of their deposition, too, claims much more attention than is

commonly bestowed upon it. For, of all places in the world, none could

have mentioned anyone wherein there was greater certainty of finding

human bones than an hermitage, except he should point out a churchyard.

Hermitages, in times past, being not only places of religious

retirement, but of burial, too, and it has scarce or never been heard

of, but that every cell now known, contains, or contained, these relics

of humanity, some mutilated and some entire. I do not inform, but give

me leave to remind, your Lordship, that here sat solitary sanctity, and

here the hermit, or the anchoress, hoped that repose for their bones,

when dead, they here enjoyed when living.

All this while, my Lord, I am sensible this is known to your Lordship,

and many in this Court, better than I. But it seems necessary to my

case, that others, who have not at all, perhaps, adverted to things

of this nature, and may have concern in my trial, should be made

acquainted with it. Suffer me, then, my Lord, to produce a few of many

evidences that these cells were used as repositories of the dead,

and to enumerate a few, in which human bones have been found, as it

happened in this in question, lest, to some, that accident might seem

extraordinary, and, consequently, occasion prejudice.

1. The bones, as was supposed, of the Saxon, St. Dubritius, were

discovered buried in his cell at Guy’s Cliff near Warwick, as appears

from the authority of Sir William Dugdale.

2. The bones, thought to be those of the anchoress Rosia, were but

lately discovered in a cell at Royston, entire, fair, and undecayed,

though they must have lain interred for several centuries, as is proved

by Dr. Stukeley.

3. But our own country, nay, almost this neighbourhood, supplies

another instance; for in January, 1747, was found by Mr. Stovin,

accompanied by a reverend gentleman, the bones in part of some recluse,

in the cell at Lindholm, near Hatfield. They were believed to be those

of William of Lindholm, a hermit, who had long made this cave his

habitation.

4. In February, 1744, part of Woburn Abbey being pulled down, a large

portion of a corpse appeared, even with the flesh on, and which bore

cutting with a knife, though it is certain this had lain above two

hundred years, and how much longer is doubtful, for this abbey was

founded in 1145, and dissolved in 1558 or 1559.

What would have been said, what believed, if this had been an accident

to the bones in question?

Further, my Lord, it is not yet out of living memory that a little

distance from Knaresborough, in a field, part of the manor of the

worthy and patriotic baronet who does that borough the honour to

represent it in Parliament, were found, in digging for gravel, not one

human skeleton alone, but five or six, deposited side by side, with

each an urn placed at its head, as your Lordship knows was usual in

ancient interments.

About the same time, and in another field, almost close to this

borough, was discovered also, in searching for gravel, another human

skeleton; but the piety of the same worthy gentleman ordered both pits

to be filled up again, commendably unwilling to disturb the dead.

Is the invention[25] of these bones forgotten, then, or industriously

concealed, that the discovery of those in question may appear the

more singular and extraordinary? whereas, in fact, there is nothing

extraordinary in it. My Lord, almost every place conceals such remains.

In fields, in hills, in highway sides, and in commons lie frequent

and unsuspected bones. And our present allotments for rest for the

departed, is but of some centuries.

Another particular seems not to claim a little of your Lordship’s

notice, and that of the gentlemen of the jury; which is, that perhaps

no example occurs of more than _one_ skeleton being found in _one_

cell, and in the cell in question was found but _one_; agreeable, in

this, to the peculiarity of every other known cell in Britain. Not

the invention of one skeleton, then, but of two, would have appeared

suspicious and uncommon.

But then, my Lord, to attempt to identify these, when even to identify

living men sometimes has proved so difficult--as in the case of Perkin

Warbeck and Lambert Symnel at home, and of Don Sebastian abroad--will

be looked upon, perhaps, as an attempt to determine what is

indeterminable. And I hope, too, it will not pass unconsidered here,

where gentlemen believe with caution, think with reason, and decide

with humanity, what interest the endeavour to do this is calculated to

serve, in assigning proper personality to those bones, whose particular

appropriation can only appear to eternal omniscience.

Permit me, my Lord, also, very humbly to remonstrate that, as human

bones appear to have been the inseparable adjuncts of every cell, even

any person’s naming such a place at random as containing them, in this

case, shows him rather unfortunate, than conscious prescient, and that

these attendants on every hermitage only accidentally concurred with

this conjecture. A mere casual coincidence of _words_ and _things_.

But it seems another skeleton has been discovered by some labourer,

which was full as confidently averred to be Clark’s as this. My

Lord, must some of the living, if it promotes some interest, be made

answerable for all the bones that earth has concealed, and chance

exposed! and might not a place where bones lay, be mentioned by a

person by chance, as well as found by a labourer by chance? Or, is it

more criminal accidentally to _name_ where bones lie, than accidentally

to _find_ where they lie?

Here, too, is a human skull produced, which is fractured; but was

this the _cause_ or was it the consequence of death--was it owing to

violence, or was it the effect of natural decay? If it was violence,

was that violence before or after death? My Lord, in May, 1732, the

remains of William, Lord Archbishop of this province, were taken up by

permission, in this cathedral, and the bones of the skull were found

broken; yet certainly he died by no violence offered to him alive, that

could occasion that fracture there.

Let it be considered, my Lord, that upon the dissolution of religious

houses, and the commencement of the Reformation, the ravages of those

times affected the living and the dead. In search after imaginary

treasures, coffins were broken up, graves and vaults broken open,

monuments ransacked, and shrines demolished; your Lordship knows

that these violations proceeded so far, as to occasion parliamentary

authority to restrain them; and it did, about the beginning of the

reign of Queen Elizabeth. I entreat your Lordship, suffer not the

violence, the depredations, and the iniquities of these times to be

imputed to this.

Moreover, what gentleman here is ignorant that Knaresborough had a

castle, which, though How a ruin, was once considerable, both for its

strength and garrison. All know it was vigorously besieged by the arms

of the Parliament. At which siege, in sallies, conflicts, flights,

pursuits, many fell in all the places around it; and where they fell

were buried. For every place, my Lord, is burial-earth in war; and

many, questionless, of these yet rest unknown, whose bones futurity

shall discover.

I hope, with all imaginable submission, that what has been said will

not be thought impertinent to this indictment, and that it will be

far from the wisdom, the learning, and the integrity of this place to

impute to the living what zeal, in its fury, may have done; what nature

may have taken off, and piety interred; or what war alone may have

destroyed, alone deposited.

As to the circumstances that have been raked together, I have nothing

to observe; but that all circumstances whatsoever are precarious,

and have been but too frequently found lamentably fallible; even

the strongest have failed. They may rise to the utmost degree of

probability, yet they are but probability still. Why should I name

to your Lordship the two Harrisons, recorded in Dr. Howel, who both

suffered upon circumstances, because of the sudden disappearance of

their lodger, who was in credit, had contracted debts, borrowed money,

and went off unseen, and returned again a great many years after their

execution. Why name the intricate affair of Jaques du Moulin under King

Charles II., related by a gentleman who was counsel for the Crown.

And why the unhappy Coleman, who suffered innocent, though convicted

upon positive evidence, and whose children perished for want, because

the world uncharitably believed the father guilty. Why mention the

perjury of Smith, incautiously admitted king’s evidence; who, to screen

himself, equally accused Fainlotte and Loveday of the murder of Dunn;

the first of whom, in 1749, was executed at Winchester; and Loveday was

about to suffer at Reading, had not Smith been proved perjured, to the

satisfaction of the court, by the surgeon of Gosport Hospital.

Now, my Lord, having endeavoured to show that the whole of this

process is altogether repugnant to every part of my life; that it is

inconsistent with my condition of health about that time; that no

rational inference can be drawn that a person is dead who suddenly

disappears; that hermitages were the constant repositories of the bones

of the recluse; that the proofs of this are well authenticated; that

the revolution in religion, or the fortunes of war, has mangled, or

buried, the dead; the conclusion remains, perhaps no less reasonably,

than impatiently, wished for. I, last, after a year’s confinement,

equal to either fortune, put myself upon the candour, the justice, and

the humanity of your Lordship, and upon yours, my countrymen, gentlemen

of the jury.’

It will be seen from this elaborate defence that it must have been

written long before his trial, and before his hopes of acquittal were

crushed by the appearance of Houseman in the witness-box to give

evidence against him; for he did not attempt to discredit his evidence,

nor did he attempt to shake his testimony by cross-examination, and

he must have anticipated the result. The judge summed up carefully;

he recapitulated the evidence, and showed how Houseman’s testimony

was confirmed by the other witnesses; and, taking Aram’s defence, he

pointed out that he had alleged nothing that could invalidate the

positive evidence against him. The jury, without leaving the court,

returned a verdict of ‘Guilty,’ and the judge pronounced the awful

sentence of the law. Aram had behaved with great firmness and dignity

during the whole of his trial, and he heard his conviction, and his

doom, with profound composure, leaving the bar with a smile upon his

countenance.

In those days the law allowed but little time for appeal. Aram was

tried, convicted, and sentenced on Friday, the 3rd of August, 1759,

and he had to die on the following Monday--only two whole days of

life being allowed him. Those days must have been days of exquisite

torture to him, when he thought of the upturned faces of the mob, all

fixing their gaze upon him, yelling at, and execrating him, and we can

scarcely wonder at his attempting to commit suicide. On the Monday

morning, when the clergyman came to visit him, and at his request

to administer the Sacrament to him, he was astonished to find Aram

stretched on the floor of his cell in a pool of blood. He had managed

to secrete a razor, and had cut the veins of his arms in two places.

Surgeons were sent for, and they brought him back to life, when he was

put into the cart and led to execution. Arrived at the gallows, he was

asked if he had any speech to make, and he replied in the negative. He

was then hanged, and, when dead, his body was cut down, put in a cart,

taken to Knaresborough, and there suspended in chains, on a gibbet

which was erected on Knaresborough forest, south or south-east of the

Low Bridge, on the right hand side going thence to Plumpton. It was

taken down in 1778, when the forest was enclosed.

He left his latest thoughts in writing, for, on the table in his cell,

was found a paper on which was written,

‘What am I better than my fathers? To die is natural and necessary.

Perfectly sensible of this, I fear no more to die than I did to be

born. But the manner of it is something which should, in my opinion, be

decent and manly. I think I have regarded both these points. Certainly

nobody has a better right to dispose of man’s life than himself; and

he, not others, should determine how. As for any indignities offered to

anybody, or silly reflections on my faith and morals, they are (as they

were) things indifferent to me. I think, though, contrary to the common

way of thinking; I wrong no man by this, and I hope it is not offensive

to that eternal being who formed me and the world; and as by this I

injure no man, no man can be reasonably offended. I solicitously

recommend myself to the eternal and almighty Being, the God of Nature,

if I have done amiss. But perhaps I have not, and I hope this thing

will never be imputed to me. Though I am now stained by malevolence,

and suffer by prejudice, I hope to rise fair and unblemished. My life

was not polluted, my morals irreproachable, and my opinions orthodox.

‘I slept soundly till three o’clock, awak’d, and then writ these lines.

‘“Come, pleasing Rest, eternal Slumber fall;

Seal mine, that once must seal the eyes of all;

Calm and compos’d my soul her journey takes,

No guilt that troubles, and no heart that aches.

Adieu! thou sun, all bright like her arise;

Adieu! fair friends, and all that’s good and wise.”’

Aram never made any regular confession of his guilt--but in a

letter he wrote to the vicar of Knaresborough, in which he gives

his autobiography, he says, ‘Something is expected as to the affair

upon which I was committed, to which I say, as I mentioned in my

examination, that all the plate of Knaresborough, except the watches

and rings, were in Houseman’s possession; as for me, I had nothing at

all. My wife knows that Terry had the large plate, and that Houseman

himself took both that and the watches, at my house, from Clark’s own

hands; and, if she will not give this in evidence for the town, she

wrongs both that and her own conscience; and, if it is not done soon,

Houseman will prevent her. She likewise knows that Terry’s wife had

some velvet, and, if she will, can testify it. She deserves not the

regard of the town, if she will not. That part of Houseman’s evidence,

wherein he said I threatened him, was absolutely false; for what

hindered him, when I was so long absent and far distant? I must need

observe another thing to be perjury in Houseman’s evidence, in which he

said he went home from Clark; whereas he went straight to my house, as

my wife can also testify, if I be not believed.’

The contemporary accounts of his trial, whether published in York or

London, have the following:

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