Part 33

This unhappy gentleman was a native of Forfarshire, in Scotland, where he was born of a family of the highest respectability, in the year 1794. At the age of nineteen he entered the British army; and during a period of seventeen years served with great credit in the fourteenth, thirty-seventh, and fortieth regiments of foot, in France, Spain, and America. In the course of his sojourn in the latter country, (in the year 1816,) he was united to a young lady of exceedingly amiable disposition, who at that time had only reached her fourteenth year; and upon his return to England, he resided with his wife in the vicinity of London. Here he became acquainted with many families of high standing in society; but tired of an idle life, he determined to devote his time to the occupation of farming, and at Michaelmas 1829 he entered on the possession of Shell-haven Farm, consisting of about four hundred acres of land, and situated near Stanford-le-Hope, in the vicinity of Barking, in Essex. At this time he had three children, respectively of the ages of twelve, ten, and seven years, and there appeared every prospect of a continuance of that happiness which he had so long enjoyed with his family, when by an act, attributable rather to passion or insanity than to preconceived deliberation, he subjected himself to the infliction of the severest penalty of the law.

It would appear that Captain Moir was in the habit of pursuing a strict line of discipline with regard to trespassers upon his farm, and was considerably annoyed by the constant appearance of fishermen upon his lands, who resorted thither for the purpose of dragging a portion of the river which passed through them, and which was supposed to contain an abundance of fish of a superior quality and size.

On Wednesday, the 24th of March, 1830, a poor man named Malcolm, residing at Hammersmith, quitted home, in a boat, accompanied by his apprentice, and a brother fisherman, named Duke, for the purpose of fishing. They proceeded to Shell-haven Creek, where Malcolm threw out his nets. In a short time Captain Moir made his appearance, armed with a knife, and accompanied by a servant named Raven, and ordered the nets to be removed. Malcolm offered some observations of abuse towards him, and reluctantly retired; but he was proceeding across Captain Moir's meadows, intending to go to the house of a man named Baker, when he was called back, and ordered to go round by the sea-wall. He directed some further abuse towards the captain, and took off his jacket, as if to fight him, but at length he went away. Captain Moir then returned to his house, and Malcolm and his assistants went to Baker's cottage; but they had not been there more than an hour and a half, when they went back to the Creek, where Malcolm's boat was lying. At this time Malcolm had a boat-hook over his shoulder, to which was suspended a basket of potatoes, which he had obtained from Davis, and the party was again crossing Captain Moir's premises, Malcolm being about seven yards in advance, when the captain and his servant were seen riding furiously towards them. The former exclaimed that he thought he had ordered them not to trespass upon his lands; and Malcolm answered that he would go, or that he might go and be d--d, the precise observation not having been distinctly heard; and then Captain Moir suddenly presenting a pistol, discharged it at him. Malcolm exclaimed, that his arm was broken, and dropped his boat-hook; and the captain threatened his companions, to serve them in the same manner, if they did not instantly retire.

Malcolm was soon afterwards carried back to Davis' cottage, where he was attended by Mr. Dodd, a surgeon, at the direction of Captain Moir, and was found to be in a position of so great danger as to render his immediate removal necessary. The poor man was subsequently attacked with lock-jaw, and died after the lapse of two or three days. A conversation took place between Captain Moir and Mr. Dodd upon the subject, upon the day of the occurrence, when the former justified his conduct, declared that his land was his castle, and that he would do the same again on the next day, under similar circumstances.

A coroner's inquest having been held upon the body of the deceased fisherman, a verdict of Wilful Murder was returned, and Captain Moir was committed to Chelmsford jail, to take his trial at the ensuing assizes.

The case came on for investigation at Chelmsford before Lord Tenterden, on Friday the 30th July, when every exertion was used on behalf of the accused, but to no purpose, and a verdict of Guilty was returned upon the capital charge. The prisoner urged the absence of all malice on his part towards the deceased, and alleged that he had been compelled to retain loaded pistols constantly in his house, in consequence of the desperate characters by which his neighbourhood was surrounded. All, however, was of no avail, and sentence of death was passed in the usual terms.

After his conviction, a strong and urgent appeal was made on his behalf to the government, founded upon the suggestion that there was little doubt that the act on the part of the unhappy man had been dictated by insanity. It was declared, however, that it was too late to hope for mercy upon any such grounds, which ought to have been made the subject of inquiry at the trial, where, had they proved well founded, they would have relieved the prisoner from all criminal responsibility. To this answer the obstinacy of the unfortunate gentleman, who refused to offer any extenuating circumstances in his own favour to the jury, which should subject him to perpetual imprisonment, was replied, but all was of no avail, and the sentence of the law was directed to take its course.

In the mean time, the wretched prisoner, unconscious of the measures which were taken by his friends with a view to secure his safety, diligently applied himself to the only duty remaining for him to perform on earth,--that of making his peace with the Almighty. He attended divine service in the chapel of the jail on Sunday, and was afterwards visited by his wife, then only twenty-eight years of age, his mother, his sister, and some friends, of whom he took a most affectionate farewell. At about seven o'clock on Monday morning he received the sacrament, and expressed himself perfectly resigned to his fate, declaring at the same moment, that he had not the smallest degree of animosity against the ill-fated man whose death he had caused, and whom he had had no intention to kill. Throughout the dreadful concluding scene of his life, he conducted himself in the calmest manner. He ascended the scaffold, declaring that he was at peace with all mankind, and repeatedly denied that he had had any feeling of unkindness towards Malcolm. At nine o'clock, the fatal bolt was drawn, and the ill-fated gentleman died instantaneously. His body was subsequently delivered over to the surgeons for dissection; but after such an anatomical process as was sufficient to fulfil the terms of the sentence, it was humanely sent to his disconsolate widow for interment.

Captain Moir at the time of his execution, which it will be seen took place on the 2nd of August, 1830, was only thirty-six years of age. He was a remarkably fine man, and stood upwards of six feet in height. He was brother-in-law to Sir James G. Baird (a near relative to the gallant Sir David Baird), and was first-cousin to Sir William Rae, at the time of his execution the Lord Advocate for Scotland. He was descended on his grandmother's side from the heroic Bruce, and was also connected with the distinguished families of Blair of Blair, the Stewarts, and the Butes.

The unfortunate man who was the victim of his crime was of the same age with himself, and left a wife and six children. He had long been known upon the Essex coast as a fisherman, and had frequented the spot for several years where he unfortunately met his death.

JOHN SMITH, _alias_ WILLIAM SAPWELL.

EXECUTED FOR THE MURDER OF A POLICEMAN.

The cold-blooded and atrocious murder of which this man was convicted, showed him to merit most fully the awful punishment which befel him.

The object of the dreadful crime of which he was guilty, was a constable of the G division of the Metropolitan Police Force, then only recently established in London and its vicinity; and in laying before our readers the circumstances of this case, it will not perhaps be considered out of place if we shortly recite the manner in which that most admirable body was first called into existence and operation.

The necessity of some improvement in the police of the metropolis had long been felt; and the utter inadequacy of the few Bow-street patrol hitherto employed to guard the streets of London by day, and of the watchmen, upon whom the same duty devolved by night, had for a considerable time attracted the attention of the public and of parliament. Committees of the House of Commons sat for the purpose of receiving evidence upon the subject, and a vast number of suggestions were thrown out upon the subject of the proper measures which should be taken with a view to obviate the existing difficulty. Statements were published in many of the newspapers, in which the faults of the system were pointed out, and partial remedies suggested; but it was universally felt that no amendment of the plan then in operation could be sufficient to secure the object in view, and that a general and complete alteration and re-organisation of the whole police of the metropolis was requisite. A plan of this description was long and ably advocated in a weekly journal of large sale (Bell's Life in London), the Editor of which had turned a great portion of his attention to a subject so nearly connected with the most minute interests of the community. A series of articles appeared in that newspaper, upon which there can be no doubt that the new police system, now so deservedly popular for its competency and for its admirable effects in securing our common safety, was founded. Mr. Peel, at that time Secretary of State for the Home Department, in the session of parliament of the year 1829, introduced a bill to the House of Commons, founded upon principles directly in consonance with those supported in the journal in question--principles which were eventually adopted with the almost unanimous consent of the legislature. The general scheme which was put forth as being most desirable to be carried into effect, was that of making a police throughout England, the centre and focus of which was to be fixed in London, while the great towns throughout the kingdom would act as corresponding agents for the diffusion of that intelligence, the rapid and regular transmission of which was properly looked upon as so important to the success of any system of this description. In London, again, a smaller focus was to be formed under a board of commissioners, who would have daily communication with every division of the metropolis in which the police should be established, as well as with those country districts to which we have already alluded.

The minor details of the measure were to be carried out by the marking out of divisions, to be governed by superintendants, inspectors, serjeants, and privates in their various grades, constant communication being kept up throughout the metropolis, by day as well as by night, between each division. The advantages to be derived from a scheme so comprehensive in its details, and so complete in its organisation, must be at once obvious to the mind of every person; and it is needless to point out to our readers the vast variety of instances in which its effects would be attended with the very best results. It was felt, however, by Mr. Peel, that so large and general a measure could not be carried into operation with immediate success, and that much delay must take place before a universal scheme of rural police could effectually be established. He was yet convinced of the great utility which would be produced, even from its partial adoption; and he lost no time in proposing a bill in parliament, which should have for its object the immediate appointment of a body of men capable of performing all the police duties of the metropolis. The proposition was at once assented to by both houses of the legislature; and on Tuesday the 29th September, 1829, the "new policemen" first entered upon their duties. Their dress, their supposed military character, and the extreme jealousy with which all classes of Englishmen view anything which may be supposed to derogate from their rights and privileges, long conspired to make this most useful force in the highest degree unpopular. Epithets of the most odious character were heaped upon them, attacks both abusive and violent were levelled at them from all quarters, and a few instances of irregularity amongst their numbers were eagerly seized hold of, as arguments to be employed against the general body; but at length the increased safety obtained for the community, the quiet and orderly manner of the men themselves, as well as the improvement in the general conduct of the lower classes, obtained for them a reputation of the very highest description, which those who were originally the most strongly opposed to their introduction now seek, by their most strenuous exertions, to raise. The system which, first, was confined to the limits of the metropolis, has been joyfully extended to all large towns, and to manufacturing neighbourhoods; and so anxious have even the most remote rural districts become for this new safeguard for their property and their lives, that almost every month sees the adoption of the plan in some new quarter. The improvement of the morals of the lower orders is no less than that which has taken place in their manners; and many of the crimes by which society was formerly so frequently disgraced, have, through their activity, now happily disappeared from the dreadful catalogue which the life of degraded man presents.

The offence of which we are about to enter into a description, there can be no doubt was in some degree attributable to that feeling of hatred for the police which was so peculiarly exemplified among the lower orders of the people. Long, the unfortunate object of the attack of this determined murderer, was a police-constable, No. 43, of the G division, and occupied a beat in Gray's-inn lane. On the night of Monday the 16th of August, 1830, he was engaged in the performance of his duty when, at about half-past twelve o'clock, he observed three men of suspicious appearance lurking about the vicinity. Entertaining an apprehension of their intention to commit a burglary, he communicated his opinions to a brother constable on the adjoining beat; and it was determined that the men should be watched. They remained within Long's district of duty; and he followed them as far as the burial-ground of St. Andrew's parish, which is situated at the back of Mecklenburgh-square. Here they stopped and remained in conversation for some time, and Long, believing this to be a favourable opportunity for convincing them of his intention to prevent the success of any marauding schemes which they might have in view, warned them to retire. The words had scarcely escaped the lips of the unfortunate man, ere he was violently seized by the arm by two of the party, while the third stabbed him to the heart. So desperate was the wound, that the murderer was unable to withdraw the weapon with which it was inflicted; but in his effort to do so, he pulled away the handle, and then all three ran off. This diabolical act was witnessed by more than one person, and several individuals instantly rushed to the spot. Long had fallen to the ground, with an exclamation that he was "a dead man;" and upon his head being raised upon the knee of one of the witnesses, he immediately expired. Newton, the constable to whom the unfortunate man had communicated his suspicions, in the mean time had followed the assassins, and Smith was secured by him, having run a considerable distance, and being in a state of the greatest agitation and alarm. Two other persons were also taken into custody; but it turned out that they were unconnected with the dreadful occurrence, and were again set at liberty. The truth of the suspicions of the constable was amply exhibited by the discovery of a number of housebreaking implements near the spot, which it was evident the thieves had intended to employ, but had thrown away in their flight. The handle of the knife was also discovered lying in the road at about one hundred yards from the spot where the murder was committed.

Several examinations of the prisoner subsequently took place before the magistrates at Hatton-garden, and witnesses were called, who swore positively that his was the hand by which the wound was given which had caused the death of the deceased. During his imprisonment, he continued firm in his denial of his participation in the murder, and maintained a sullen silence as to his occupation in life, as well as his connexions. He appeared to associate with none of his fellow-prisoners, except Sheen, the murderer of his child, to whose case we have already alluded, and who was again in confinement on a charge of felony; with whom he was observed to hold frequent and earnest conversations, the result of which did not transpire.

His trial took place at the Old Bailey sessions, on Friday the 17th of September, when it turned out that his name was Sapwell, and that he was a baker by trade. He still protested his innocence; but the evidence of the witnesses being of the most conclusive description, a verdict of guilty was returned, and he was sentenced to be executed on the following Monday.

On the day after his conviction he was visited by his wife and his six children, to whom, as well as to the officers of the jail, he continued loud in his declarations of his having been wrongfully convicted. He asserted that he had been to the Bedford Tea-gardens, at Camden Town, on the night of the murder, and that on his way home he heard a cry of "Stop thief," and had joined in the pursuit of four men whom he saw running away, when he was himself taken into custody. He was exhorted by the Rev. Mr. Cotton, the ordinary of the prison, to whose humane advice he paid some attention; but he declined to receive the sacrament. In the course of the following day (Sunday) he also received a visit from the Sheriff (Ward), to whom he made no secret of his having intended to commit suicide, if an opportunity had occurred, and with whom he argued against the sinfulness of such a mode of terminating his life. He instanced the cases of Sir Samuel Romilly, Mr. Whitbread, and other distinguished individuals, who he said were perfectly justified in depriving themselves of existence when it became irksome to them.

On the morning of his execution (the 20th of September, 1830,) he entered freely into conversation with Sheriff Ward, and with new asseverations that he was not guilty of the crime for which he was about to suffer, declared, in an imaginary dialogue with the Almighty, that on his arrival at the gates of heaven, he should be unable to account for his standing there, and that the Almighty would give him admission; protesting, however, that he ought not to have been sent there so soon. He appeared sensible of his situation, and requested that the proceedings on the scaffold might occupy as little time as possible. He was turned off at the usual hour, and his remains were given to the directors of St. George's Hospital for dissection.

The wretched man occupied the greater part of Saturday and Sunday, previous to his death, in drawing up statements of the manner in which he was by mistake drawn into the situation in which he stood, which amounted simply to a repetition of the story he had related to his family. He appears to have been very illiterate, his letters being both ill-spelt and ill-written, and he expressed none of those fears usually exhibited by persons in his situation.

Long, the constable, appears to have been a man of excellent character, having for a considerable time occupied a situation as watchman before he entered the police. He left a wife and several children, for whom a liberal public subscription was afterwards raised.

AGRICULTURAL RIOTS.

The agricultural riots which occurred at the close of the year 1830 will long be remembered in the southern districts of England, to which they were confined. The revolutionary disturbances which, during the year, had marked the progress of events on the Continent, were not without their effect upon the agricultural, as well as the manufacturing population of Great Britain; and interested demagogues were easily to be found, willing and ready to fan the feeling of dissatisfaction which prevailed among the labouring classes, and to produce discontent where none already existed, with a view to the excitement of dislike for the higher ranks of society, and of insurrection against the government of the day. The poverty of the lower orders had done much to produce that hatred to property which induced these riots, and the inattention to their wants was urged by them as a sufficient justification for the mistaken and guilty course which they adopted.

The outrages, which commenced in the county of Kent, where undoubtedly the agricultural labourers were in a state of the very greatest misery, soon extended themselves through the whole of the southern counties of England, and the progressive march of incendiarism was as much feared as that of an invading army. Bodies of men proceeded through the whole line of country which we have pointed out, making converts to their atrocious principles, and their track was testified by the devastating effects which were produced. Stacks of grain and farm buildings were everywhere burned and consumed; and so determined were the monsters in the work of destruction, that none dared to oppose them, or to raise their hands to stop the dreadful deeds which every hour brought to light. Day after day bodies of men were seen passing from farm to farm, breaking all the machinery on the premises, the employment of which they looked upon as the cause of all their distress; and night after night, the secret incendiary plied his dreadful occupation, with a success which promised to produce the most dreadful desolation.

The limited exhibition of the ordinary constabulary force had no effect in checking the progress of these riots, and it was not until the yeomanry and finally the military were called out, that the fearful proceedings of the enraged mob were stopped. Meanwhile through Kent, Sussex, Surrey, Middlesex, Suffolk, Berkshire, Buckinghamshire, Wiltshire, Hampshire, Somersetshire, Dorsetshire, Devonshire, and Cornwall, had the work of destruction proceeded; and where the general body had not shown itself, local discontent had been sufficient to change the character of the simple labourer to that of the midnight incendiary. Notice was usually given of the intention to fire in threatening letters, signed "Swing," and the determination expressed seldom failed of being carried out.