"My Lord, and Gentlemen of the Jury--Under greater difficulties than

ever man encountered, I now rise to vindicate my character and defend my

life. I have been supported in this hour of trial, by the knowledge that

my cause is heard before an enlightened tribunal, and that the free

institutions of my country have placed my destiny in the hands of twelve

men, who are uninfluenced by prejudice, and unawed by power. I have been

represented by the press, which carries its benefits or curses on rapid

wings from one extremity of the kingdom to the other, as a man more

depraved, more gratuitously and habitually profligate and cruel, than

has ever appeared in modern times. I have been held up to the world as

the perpetrator of a murder, under circumstances of greater aggravation,

of more cruel and premeditated atrocity, than it ever before fell to the

lot of man to have seen or heard of. I have been held forth to the world

as a depraved, heartless, remorseless, prayerless villain, who had

seduced my friend into a sequestered path, merely in order to despatch

him with the greater security--as a snake who had crept into his bosom

only to strike a sure blow--as a monster, who, after the perpetration of

a deed from which the hardest heart recoils with horror, and at which

humanity stands aghast, washed away the remembrance of my guilt in the

midst of riot and debauchery. You, gentlemen, must have read the

details, which have been daily, I may say, hourly published regarding

me. It would be requiring more than the usual virtue of our nature to

expect that you should entirely divest your minds of those feelings

which such relations must have excited; but I am satisfied, that as far

as it is possible for men to enter into a grave investigation with minds

unbiassed, and judgments unimpaired, after the calumnies with which the

public has been deluged--I say, I am satisfied, that with such minds and

such judgments, you have this day assumed your sacred office. The

horrible guilt which has been attributed to me is such as could not have

resulted from custom, but must have been the innate principle of my

infant mind, and must have 'grown with my growth, and strengthened with

my strength.' But I will call before you gentlemen whose characters are

unimpeachable, and whose testimony must be above suspicion, who will

tell you, that the time was, when my bosom overflowed with all the

kindly feelings; and that even my failings were those of an improvident

generosity, and an unsuspecting friendship. Beware then, gentlemen, of

an anticipated verdict. Do not suffer the reports which you have heard

to influence your judgment. Do not believe that a few short years can

have reversed the course of nature, and converted the good feelings

which I possessed, into that spirit of malignant cruelty, to which only

demons can attain. A kind, affectionate, and a religious mother,

directed the tender steps of my infancy in the paths of piety and

virtue. My rising youth was guided in 'the way that it should go,' by a

father, whose piety was universally known and believed--whose kindness

and charity extended to all who came within the sphere of its influence.

After leaving my paternal roof, I entered into the service of our late

revered monarch, who was justly entitled the 'Father of his people.' You

will learn from some of my honourable companions, that while I served

under his colours, I never tarnished their lustre. The country which is

dear to me I have served; I have fought for her; I have shed my blood

for her; I feared not in the open field to shed the blood of her

declared foes. But oh! to suppose that on that account I was ready to

raise the assassin's arm against my friend, and with that view to draw

him into secret places for his destruction--it is monstrous, horrible,

incredible. I have been represented to you as a man who was given to

gambling, and the constant companion of gamblers. To this accusation, in

some part, my heart with feeling penitence pleads guilty. I have

gambled. I have been a gambler, but not for the last three years. During

that time I have not attended or betted upon a horse-race, or a fight,

or any public exhibition of that nature. If I have erred in these

things, half the nobility of the land have been my examples: some of the

most enlightened statesmen of the country have been my companions in

them. I have indeed been a gambler. I have been an unfortunate one. But

whose fortune have I ruined?--whom undone?--My own family have I ruined,

undone myself! At this moment I feel the distress of my situation. But,

gentlemen, let not this misfortune entice your verdict against me.

Beware of your own feelings, when you are told by the highest

authority, that the heart of a man is deceitful above all things.

Beware, gentlemen, of an anticipated verdict. It is the remark of a very

sage and experienced writer of antiquity, that no man becomes wicked all

at once. And with this, which I earnestly request you to bear in mind, I

proceed to lay before you the whole career of my life. I will not tire

you with tedious repetitions, but I will disclose enough of my past life

to inform your judgments; leaving it to your clemency to supply whatever

little defects you may observe. You will consider my misfortunes, and

the situation in which I stand--the deep anxiety that I must feel--the

object for which I have to strive. You may suppose something of all

this; but oh! no pencil, though dipped in the lines of heaven, can

pourtray my feelings at this crisis. Recollect, I again entreat you, my

situation, and allow something for the workings of a mind little at

ease; and pity and forgive the faults of my address. The conclusion of

the late war, which threw its lustre upon the fortunes of the nation

generally, threw a gloomy shadow over mine. I entered into a mercantile

life with feelings as kind, and with a heart as warm, as I had carried

with me in the service. I took the commercial world as if it had been

governed by the same regulations as the army. I looked upon merchants as

if they had been my mess companions. In the transactions I had with

them, my purse was as open, my heart as warm to answer their demands, as

they had been to my former associates. I need not say that any fortune,

however ample, would have been insufficient to meet such a course of

conduct. I, of course, became the subject of a commission of bankruptcy.

My solicitor, in whom I had foolishly confided as my most particular

friend, I discovered, too late, to have been a traitor--a man who was

foremost in the ranks of my bitterest enemies. But for that man, I

should still have been enabled to regain a station in society, and I

should have yet preserved the esteem of my friends, and, above all, my

own self-respect. But how often is it seen that the avarice of one

creditor destroys the clemency of all the rest, and forever dissipates

the fair prospects of the unfortunate debtor! With the kind assistance

of Mr. Thomas Oliver Springfield, I obtained the signature of all my

creditors to a petition for superseding my bankruptcy. But just then,

when I flattered myself that my ill fortune was about to close--that my

blossoms were ripening--there came "a frost--a nipping frost." My chief

creditor refused to sign, unless he was paid a bonus of 300_l._ upon his

debt beyond all the other creditors. This demand was backed by the man

who was at the time his and my solicitor. I spurned the offer--I

awakened his resentment. I was cast upon the world--my all disposed

of--in the deepest distress. My brother afterwards availed himself of my

misfortune, and entered into business. His warehouses were destroyed by

the accident of a fire, as has been proved by the verdict of a jury on a

trial at which the venerable judge now present presided. But that

accident, unfortunate as it was, has been taken advantage of in order to

insinuate that he was guilty of crime, because his property was

destroyed by it, as will be proved by the verdict of an honest and

upright jury in an action for conspiracy, which will be tried ere long

before the Chief Justice of the King's Bench. A conspiracy that was, but

where? Why, in the acts of the prosecutor himself, Mr. Barber Beaumont,

who was guilty of suborning witnesses, and who will be proved to have

paid for false testimony. Yes; this professed friend of the

aggrieved,--this pretended prosecutor of public abuses,--this

self-appointed supporter of the laws, who panders to rebellion, and has

had the audacity to raise its standard in the front of the royal

palace--this man, who has just head enough to continue crime, but not

heart enough to feel its consequences,--this is the real author of the

conspiracy, which will shortly undergo legal investigation. To these

particulars I have thought it necessary to call your attention, in

language which you may think perhaps too warm--in terms not so measured,

but that they may incur your reproof. But

"The flesh will quiver where the pincers tear,

The blood will follow where the knife is driven."

When, before this, did it ever fall to the lot of any subject to be

borne down by the weight of calumny and obloquy, which now oppresses me.

The press, which ought to be the shield of public liberty, the avenger

of public wrongs--which above all should have exerted itself to preserve

the purity of its favourite institution, the trial by jury--has directed

its whole force to my injury and prejudice: it has heaped slander upon

slander, and whetted the public appetite for slanders more atrocious:

nay more, what in other men would serve to refute and repel the shaft of

calumny, is made to stain with a deeper dye the villanies ascribed to

me. One would have thought, that some time spent in the service of my

country would have entitled me to some favour from the public under a

charge of this nature. But no; in my case the order of things is

changed--nature is reversed. The acts of times long since past have been

made to cast a deeper shadow over the acts attributed to me within the

last few days; and the pursuit of a profession hitherto held honourable

among honourable men has been turned to the advantage of the accusation

against me. You have been told that after the battle, I boasted of my

inhumanity to a vanquished, yielding, wounded enemy--that I made a

wanton sacrifice of my bleeding and supplicating foe, by striking him to

the earth with my cowardly steel; and that after this deed of blood, I

sat down to plunder my unhappy victim: nay more, that, with folly

indescribable and incredible, I boasted of my barbarity as of a victory.

Is there an English officer, is there an English soldier or an

Englishman, whose heart would not have revolted with hatred against such

baseness and folly? Far better, gentlemen, would it have been for me,

rather than have seen this day, to have fallen with my honourable

companions, stemming and opposing the tide of battle upon the field of

my country's glory. Then my father and my family, though they would have

mourned my loss, would have blessed my name, and shame would not have

rolled its burning fires over my memory!--Before I recur to the evidence

brought against my life, I wish to return my most sincere thanks to the

high sheriff and the magistrates for their kindness shown to me. I

cannot but express my unfeigned regret at a slight misunderstanding

which has occurred between the Reverend Mr. Lloyd, the visiting

magistrate, and my solicitor. As it was nothing more than a

misunderstanding, I trust the bonds of friendship are again ratified

between us all. My most particular gratitude is due to the Reverend Mr.

Franklin, whose kind visits and pious consolations have inspired me with

a deeper sense of the awful truths of religion, and have trebly armed my

breast with fortitude to serve me on this day. Though last, not

least--let me not forget Mr. Wilson, the governor of the prison, and the

fatherly treatment which he has shown me throughout. My memory must

perish ere I can forget his kindness. My heart must be cold ere it can

cease to beat with gratitude to him, and wishes for the prosperity of

his family."

The prisoner then proceeded to read first a long written comment on the

weaker parts of the evidence which had been produced against him, and

then a number of instances from the Percy Anecdotes, exhibiting the

fallibility of circumstantial evidence; but either the paper was so

ill-written, or he was so imperfect a reader, that the effect was quite

fatal to the flowery appeal which he had just before delivered to the

jury. After having exhibited the utmost confusion, and stammered and

blundered in a most extraordinary manner, he concluded his address in

the following terms. "And now, gentlemen, having read those cases to

you, am not I justified in saying, that unless you are thoroughly

convinced that the circumstances before you are absolutely inconsistent

with my innocence, I have a claim to your verdict of acquittal? Am I not

justified in saying, that you might come to the conclusion that all the

circumstances stated might be true, and yet I be innocent? I am sure,

gentlemen, you will banish from your minds any prejudice which may have

been excited against me, and act upon the principle that every man is to

be deemed innocent until he is proved guilty. Judge of my case,

gentlemen, with mature consideration, and remember that my existence

depends upon your breath. If you bring in a verdict of guilty, the law

afterwards allows no mercy. If upon a due consideration of all the

circumstances you shall have a doubt, the law orders, and your own

consciences will teach you to give me the benefit of it. Cut me not off

in the summer of my life! I implore you, gentlemen, to give my case your

utmost attention. I ask not so much for myself as for those respectable

parents whose name I bear, and who must suffer in my fate. I ask it for

the sake of that home which will be rendered cheerless and desolate by

my death. Gentlemen, I am incapable of any dishonourable action. Those

who know me best, know that I am utterly incapable of an unjust and

dishonourable action, much less of the horrid crime with which I am now

charged. There is not, I think, one in this court who does not think me

innocent of the charge. If there be, to him or them I say, in the

language of the apostle, 'Would to God ye were altogether such as I am,

save these bonds.' Gentlemen, I have now done. I look with confidence to

your decision. I repose in your hands all that is dear to the gentleman

and the man. I have poured out my heart before you, as to my God. I hope

your verdict this day will be such as you may ever after be able to

think upon with a composed conscience; and that you will reflect upon

the solemn declaration which I now make--I am innocent! so help me God!"

Hunt was next called upon, but his feeble voice and shrinking manner

were strongly contrasted with the overwrought energy which had been

displayed by his fellow-prisoner. He spoke of his agitation and fatigue,

and desired that a paper, which he handed in, might be read by the clerk

of the arraigns. It was accordingly read in a very feeling manner, but

it contained little in reference to the charge against him, and insisted

strongly upon the promise held out by the magistrate, on his first

giving information upon the subject of the murder. The prisoner

subsequently read a few words of comment upon Probert's evidence, but in

a very dejected voice; and at its conclusion, he hung down his head,

evidently completely overcome by his situation.

Mr. Justice Park then summed up the case to the jury at very great

length, and in a manner which brought the whole of the material facts of

the case under their attention in the clearest and most impartial

manner. After an address of several hours' duration, the jury retired to

consider their verdict. In about twenty minutes they returned into

court, and declared both prisoners guilty.

They were then immediately called up to receive judgment in the

customary manner, when Thurtell addressed the court in the following

terms:--

"My Lord, before you pass sentence, I pray you to take into your serious

consideration what I am about to say: I now for the last time assert

that I am innocent. I entreat a short delay in the execution of the

sentence you may pass, as I have friends now at a distance, with whom it

is necessary that I should transact some business. It is for the sake of

some friends who are dear to me, that I ask this indulgence; not for

myself, for I am at this moment ready. My request I hope your lordship

will take into consideration; and beyond Sunday is all I ask."

The learned judge, at the conclusion of this address, which was once or

twice interrupted by the ebullition of the prisoner's feelings,

announced that it was impossible that the request which had been made

could be complied with, and immediately passed sentence of death upon

both convicts. They then shook hands and quitted the bar, from whence

they were at once conducted to their respective cells. Hunt, however,

received an intimation that in consequence of the representations made

with respect to the promise given by the magistrates, his punishment

would, in all probability, be commuted to transportation for life.

The extraordinary interest and excitement which had been produced by

this most remarkable case, from the first discovery of the perpetration

of the murder, through the disclosure of the whole of the circumstances

attending it, and up to the committal, trial and conviction of the

prisoners, was now increased to an extent which may be pronounced to

have been quite unparalleled. During the whole of Thursday, the day

succeeding the termination of the trial, persons of all ranks and

appearances were seen driving from every quarter into Hertford, in

order, if possible, to obtain a sight of the execution of the

malefactor, many being influenced in a very great degree by the

anticipation that Thurtell would make some extraordinary disclosure in

his dying moments. All the inns of the town were completely filled; and

in many private houses beds were let at an enormous price. The most

active preparations were made in the course of the day by the

magistrates to prevent accident, and at the same time to afford as great

a portion of the assembled multitude an opportunity to obtain a view of

the scaffold and the execution; and arrangements were made, by which the

space ordinarily occupied by the public in such instances should be very

materially increased.

Meanwhile the proceedings in the jail on the part of the prisoners was

of a nature to be most interesting. At ten o'clock on Thursday night,

Thurtell expressed an anxious desire that Hunt might be permitted to

pass the night in his room. His wish was immediately granted, and Hunt

was introduced and was received with a strong manifestation of

cordiality. Thurtell took him by the hand, and said, "Joe, the past is

forgotten. I am on the brink of eternity, and we now meet only as

friends. It may be your fate to lose your life as ignominiously as

myself; but I hope the royal mercy will be extended to you, and that

you will live to repent of your past errors. Although you have been my

enemy, I freely forgive you." Hunt, who had entered the room with

feelings bordering on apprehension that some unfortunate turn had taken

place in his affairs, and that he was himself to suffer, was suddenly

relieved by this address, and, squeezing Thurtell's hand most

vehemently, burst into tears; he then sat down by the fire, and Thurtell

and he continued to pray and to read until one o'clock. Soon after one

the former showed symptoms of fatigue, and lying on the bed, in a few

moments afterwards he dropped into a profound sleep.

On Friday morning, at daybreak, every road leading to Hertford was

thronged with travellers. At half-past six, Mr. Wilson, the jailor,

entered Thurtell's room and found him fast asleep. The prisoner Hunt was

also in a deep slumber. Mr. Wilson, unwilling to disturb their repose,

retired, and at seven o'clock returned again; but the wretched men were

still asleep. Mr. Wilson now approached the bed of Thurtell, and called

him by name, when he started up, and for a moment seemed lost to his

situation, not even knowing where he was, but his recollection quickly

returned. His breakfast was then brought in: it consisted of some tea

and bread and butter; but he partook only of the former, and that but

slightly.

At half-past eleven Thurtell and Hunt were conducted into the chapel,

where the Rev. Mr. Franklin administered the sacrament to them. Thurtell

read the appropriate prayers in a distinct and audible voice, and seemed

fully impressed with the importance of this solemn rite. At its

conclusion, Thurtell turned round to Hunt, and grasped his hand

repeatedly, and renewed, in the most forcible terms, the assurance of

his perfect forgiveness of the past, and of his being about to die in

peace and charity with all the world. The chaplain and Mr. Nicholson,

the under sheriff, then retired from the chapel, leaving Mr. Wilson and

the prisoner Thurtell alone, Hunt having previously been reconducted to

his cell overpowered by his feelings. Mr. Wilson, turning to Thurtell,

said, "Now, Thurtell, as there is no eye to witness what is passing

between us but that of God, you must not be surprised if I ask you a

question." Thurtell turned round, and regarded him with a look of

surprise. Mr. Wilson continued--"If you intend to make any confession, I

think you cannot do it at a better period than the present." Thurtell

paused for a few moments, when Mr. Wilson went on to say, "I ask you if

you acknowledge the justice of your sentence." Thurtell immediately

seized both Mr. Wilson's hands, and pressed them with great fervour

within his own, and said, "I am quite satisfied. I forgive the world; I

die in peace and charity with all mankind, and that is all I wish to go

forth upon this occasion."

The chaplain then returned to the prisoner, and offered him some further

words of comfort, asking him, whether there was anything he could do to

ease his mind with respect to his family and friends? Thurtell replied

that he was anxious that the reverend gentleman should write to his

father, and inform him of his extreme contrition, resignation and

penitence, which Mr. Franklin promised faithfully to do. The unfortunate

man uttered a short prayer, that the minds of his family might be

strengthened under the deep affliction they must feel, and of which he

had been the unhappy author.

At twelve o'clock precisely, Mr. Nicholson tapped at the door with his

wand, as the signal that the hour of execution had arrived. Thurtell

immediately seized Mr. Franklin's hands, and thanked him, not alone for

all the personal kindnesses for which he was indebted to him, but for

that Christian spirit with which he had inspired him, and with which he

was about to depart this world: and the chapel door being thrown open,

the prisoner went forth with a steady and assured step. He looked round

with perfect calmness. The distance from the chapel door to that leading

to the scaffold was not more than ten yards, and thither he was

accompanied by the chaplain, the under sheriff, Mr. Wilson, an assistant

of Mr. Wilson's, and the upper turnkey. The church bell tolled as he

advanced. On their arrival at the door, Thurtell again squeezed Mr.

Franklin's hand, and again exclaimed, 'God bless you, sir; God bless

you.' He then mounted the steps, preceded by the under sheriff and the

executioner, and followed by Mr. Wilson and the head turnkey.

Thurtell, on taking his station under the gallows, looked round with a

countenance unchanged by the awfulness of his situation. His manner was

firm and undaunted, at the same time that it betrayed no unbecoming

levity. After regarding the crowd for a moment, he appeared to recognise

an individual beneath him, to whom he bowed in a friendly manner.

Previously to his mounting the scaffold, he had begged that as little

delay as possible might take place in his execution, after his

appearance upon the platform, and he now repeated the request to the

executioner. His hands, instead of their being confined in the customary

manner with cord, were held together by handcuffs, and his arms were not

pinioned. He was still ironed, as he had been since his conviction, his

shackles consisting merely of a moderate-sized chain, which was confined

at his ankles, and held up to his waist by a Belcher handkerchief, tied

round his middle. He was respectably attired in mourning, and wore a

pair of black gloves on his hands. The moment he placed himself under

the fatal beam, the executioner commenced the performance of his office,

by taking off his cravat. He stood perfectly calm and collected while

this was going on, and held up his head, in order that it might be the

more easily removed. A white cap was then put on his head, and drawn

over his eyes; but it was so thin as still to enable him to look about

him; and he appeared anxiously to avail himself of the opportunity

afforded him, by quickly looking round in all directions. As the clock

sounded the last stroke of twelve, the rope was placed round the neck of

the unhappy convict, and while the executioner was attaching the other

end to the beam above, he looked up, and turning to him, begged him to

"give him fall enough." The hangman replied, "that he might be assured

he should have plenty of fall, and that all would be right." Thurtell

next turned to Mr. Wilson, and repeated the same request; and that

gentleman assured him, that his wishes had been fully attended to. All

being now in readiness, Mr. Wilson drew close to the prisoner, and,

squeezing his hands, exclaimed, "Thurtell, God Almighty bless you:" the

prisoner pressing his hands in return, responded, "God bless you, sir."

Mr. Wilson then stood back upon some boards placed immediately behind

the drop, and the executioner having previously retired, the under

sheriff, with his wand, gave the last fatal signal, the drop suddenly

fell, and the unhappy man was in an instant dead. His sufferings were

but momentary, for, with the exception of a few convulsive motions of

his hands and legs, he seemed to be deprived of all sensation. Thus

perished, in an untimely manner, a man, who, but for untoward

circumstances and the violence of his passions, might have been the

pride of his family.

During the whole of this appalling ceremony there was not the slightest

symptom of emotion discernible in his features; his demeanour was

perfectly calm and tranquil, but though his fortitude was thus

conspicuous, it was evident, from the alteration in his appearance, that

in the interval between his conviction and his execution he must have

suffered much. He looked careworn; his countenance had assumed a

cadaverous hue; and there was a haggardness and lankness about his

cheeks and mouth, which could not fail to attract the notice of every

spectator.

There were many in the crowd who looked upon him with an eye of the

greatest commiseration for his youth and manly appearance; but it cannot

but be obvious that such a feeling must be considered to have been

thrown away, upon a wretch capable of a crime like that of which he was

guilty.

We cannot close our notice of this case, without bringing under the

attention of the reader a report which was in circulation for a

considerable period after the last sentence of the law had been carried

out on this unhappy man, and which obtained almost universal credit. We

have already alluded to Thurtell's connexion with the sporting world,

and especially with that portion of it which patronised the manly

exercises of the "Ring." Admirable as we shall ever hold that custom to

be, which has been so often cried down, but which has always had for its

object the maintenance of those principles, by which the courage of the

British nation has been in no small degree supported, in opposition to

that frightful and un-English alternative, "the knife," we cannot but

admit that some of the members of the body, through whose

instrumentality those principles have been sought to be upheld, have at

times exhibited themselves to be unworthy the notice and patronage which

they have received. It would appear that Thurtell, in his acquaintance

with fighting men, had so far obtained their esteem, that even after his

commission of a crime which should have been most detestable in their

eyes, and in the sight of every man of honest principles, some of them

volunteered to assist to perform an act which would certainly have been

unprecedented, had it been carried into effect. It was neither more nor

less than to bear him away from the scaffold, before his execution, in

defiance of the law, and in the face of the vast mob, which, it was

known, would be collected on the occasion of his execution, the

confusion produced by which, however, they well knew would aid rather

than oppose their object. The volunteers from a body so limited as the

members of the prize ring, it must be obvious, would be too few to put

this design into execution without the assistance of others; and the

means of procuring that assistance was yet to be obtained. With this

object a communication was opened with the friends of the prisoner,

before his trial; but the sum demanded, which was said to be 500_l._,

not being forthcoming, the plan was given up; although not until the

very morning of the day, on which the execution took place, for up to

that time it was believed probable that the demand would be complied

with. It was reported, also, that the scheme proposed was communicated

to Thurtell by a confidential friend, and that he, knowing the facility

with which the few javelin-men, who were mostly aged and decrepit, in

whose care the preservation of the peace and of the limits without the

scaffold was reposed, could be overpowered, fully believed, _up to the

moment of his execution_, that it would be carried into effect. The

extreme calmness of demeanour of the unfortunate prisoner at the place

of execution, and the confidence which he displayed, added to the

anxiety which he exhibited when the ceremony approached its fatal

termination, favour this belief; and although his conduct in the gaol

was of a character to lead to the supposition that he was in reality

prepared to meet that death which he was doomed so soon to receive, it

is by no means unlikely that he was at the same time treasuring up in

his own mind the possibilities of his escape from the fate which awaited

him.

The Chronicles of Crime or The New Newgate Calendar. v. 2/2 being a series of memoirs and anecdotes of notorious characters who have outraged the laws of Great Britain from the earliest period to 1841 · 第 12 / 90 段