Part 4
Not far from Wild-Goose Lodge stood a chapel, where the association met after the ejection of its members from the house of Lynch. The leading man of the body, Patrick or Paddy Devann, was clerk to the priest of the district, and had the charge of the chapel. Within this building, consecrated for widely different purposes, the midnight band assembled on a night destined by the leaders of the party for the destruction of the unfortunate Lynch. Devann, the principal agent in the scene, in order to make a deeper impression on the minds of the crowds present in the chapel, assembled them around the altar, and after administering an oath of secrecy to them, descanted on the falling off of Lynch, and the necessity of suppressing all defections among themselves. He then darkly hinted the object of the meeting to be Lynch's punishment, and hoped that it would serve as a warning to them all to be firm to the obligations on which they had entered, and true to the interest of the body. Having finished his address, Devann then lifted from before the altar a potsherd containing a piece of burning turf, and, moving from the chapel, desired them to follow him.
Some scores of the band were on horseback, having come from distant places at the imperative summons sent to them. Many more were on foot; and all these moved stealthily onwards, Devann preceding them, towards the devoted victim. To the credit of human nature it must be stated, that few of this numerous party had the slightest idea of what was intended by the originators of the movement. As the men went along, they were inquiring among themselves in whispers, what was to be done; even those who had heard Devann's threats did not believe that they would be enforced, or that any further injury would be done than had been inflicted before.
Silence reigned along the party's route, as they approached the abode of the unoffending, unsuspecting, and sleeping family.
While the majority of the persons present still remained ignorant of what was to be accomplished, but obeyed their leaders passively, an extensive circle of men was formed by Devann's directions around the devoted dwelling. Then those few who were aware of all the enormity of the project, crept forward along the ground towards the house, the pike in one hand and the lighted turf in the other. Well did the wretches know that there was no chance of escape for those within, for the house was filled with the flax by which poor Lynch made his bread; and as soon as it was caught by the flame, extinction was a thing next to impossible. The turfs were applied, and in a few minutes the house was on fire--with a family of thirteen souls beneath its blazing roof! The flames rose towards the sky, and illuminated the adjacent scene. Speedily were heard from within the supplicating cries of the miserable victims, "Mercy! for God's sake, mercy!" But the cry was vain. So far from evincing any feelings of compunction while the work of destruction was going on, the wretches who had caused it stood ready with their pikes to thrust back those who might attempt to escape. One attempt was made to move their pity; and had the men hearts, they must have been moved. The wife of Lynch, while her own body was already enveloped in flames, had endeavoured to preserve the infant at her breast, and she appeared at the windows, content to die herself, but holding out her child for mercy and protection. Frantically she threw it from her. And how was it received? On the points of pikes, and instantly tossed back into the burning ruins, into which at the same time sunk its hapless mother. One other only of those within, and this was a man, one of Lynch's assistants, appeared on the walls, beseeching for mercy; but he likewise received none. The veins of his face were visible, swollen like cords, and horror was painted on his whole aspect. He, and all who were within, perished. Lynch himself, either cut off early, or resigned to his fate, never appeared, either to denounce the act of his persecutors, or to supplicate their pity.
It is impossible to say with what feelings the main party encircling the house at a little distance beheld the consummation of the purposes of the night. The majority of them certainly felt horror, while others, in whose mind a blind hatred of Lynch was predominant, felt mingled sensations of horror and exultation; and the conjoined feelings expended themselves in cries, that were re-echoed by the groans of the victims. The terrified peasantry of the neighbourhood who had not joined the associated throng, started from their pillows, and gazed towards the ascending flames of Wild-Goose Lodge with fear and shrinking; for they too well
knew the feelings of the district to regard it as a common accident, which it would have been their duty and their pleasure to have aided in suppressing and relieving. Until all sounds of life, therefore, were extinct within the burning house, the authors of the deed looked on undisturbed. When all was over, they skulked away, each to his own home.
The winds of autumn and the storms of winter had swept the ashes of Wild-Goose Lodge over the fields which Lynch had cultivated, ere any one of the actors in this atrocious crime was brought to justice. But the presence of some of the less guilty of them having been discovered, and brought home beyond a doubt, these, in order to save themselves, made a revelation of all they knew and had seen. Anticipating this, the ringleaders fled to various parts of the country; but the arm of the offended law overtook them. Devann was found in the situation of a labourer in the dockyards of Dublin, and others were taken at different times and places. Eleven were executed; and to mark the atrocity of their crime, their bodies were hung in chains at Louth and other spots in the neighbourhood of Wild-Goose Lodge. Devann was executed within the roofless walls of the house in which his victims were immolated, and his body was afterwards suspended beside those of his associates.
The date of his trial was the 19th of July 1817, and he was executed immediately afterwards.
JEREMIAH BRANDRETH, WILLIAM TURNER, AND ISAAC LUDLAM.
EXECUTED FOR HIGH TREASON.
IN an introductory paragraph to our account of the Spafields' riot we took occasion to mention the most prominent causes of public discontent; and though these had partially disappeared in 1817, still the impulse given to disaffection continued to operate for a considerable time, being protracted by the injudicious resort of Government to the system of spies and informers, who no doubt fanned that flame of disloyalty which had nearly caused a traitorous explosion in the county of Derby, more formidable and appalling than that for which Brandreth and his ill-fated companions suffered.
The agent for Government in the northern districts was a wretch named Oliver, and it is imagined by some that the miserable individuals whose names head this article were his victims.
The scene of this outbreak was Pentridge, Southwingfield, and Wingfield Park, in Derbyshire, a neighbourhood hitherto peaceable, and in which few would have looked for an insurrection of this kind.
Jeremiah Brandreth, better known by the name of the "Nottingham Captain," was one of those original characters for which nature had done much, and education nothing. Of his parents or early habits we know nothing; for on these subjects he maintained a studied silence, and all that was ascertained in reference to his life previously to his execution was that he had been in the army, and that he had a wife and three children, for whose support he was occasionally compelled to apply to the parish-officers for relief. His age was about twenty-six, and he is described as having presented a most striking appearance, from the exceedingly bold and resolute expression of his face.
Turner and Ludlam were both men of good character up to the time of their becoming parties to the transactions which cost them their lives. The latter had a wife and twelve children, and, being a regular attendant at a Methodist meeting-house, in the absence of the preacher conducted the prayers of the people.
These unfortunate men acted under a complete illusion. Formal statements of the number of the disaffected were given them, as well as the quantity of arms and ammunition collected, &c., accompanied with flattering pictures of the liberty, happiness, and wealth which were to wait upon success.
On the 5th of June, Brandreth came from Nottingham to the neighbourhood of Pentridge, to take command of the rebel forces; and on the 9th, they proceeded on their march for Nottingham, where it was reported, several thousands anxiously waited their coming, that they might unite in forwarding a revolution. Their numbers were truly contemptible, not exceeding forty or fifty; yet, small as they were, they committed several excesses, and Brandreth shot one harmless man. It was during the night that they commenced operations; and next morning, on the approach of a score of cavalry, they precipitately fled, leaving their arms scattered behind them. Several were then apprehended, and many more on the two or three ensuing days, and Brandreth was among their number.
To try these rebels, a special commission was issued, which was opened at Derby on the 15th of October 1817. Brandreth was the first put on his trial; and as the evidence against him was conclusive, he was found guilty. Turner and Ludlam were also convicted, as well as a young man named Weightman, whose sentence was afterwards commuted to transportation. Justice being now satisfied, twelve men pleaded guilty, and the remainder were discharged. Those who pleaded guilty received sentence of death, but were afterwards respited.
The unfortunate Brandreth, on being removed to prison, after his conviction, although he exhibited a manly firmness, was nevertheless much affected. The other prisoners thronged around him in anxious suspense to hear his fate; he uttered the single and appalling word--Guilty; and, in a moment, a perfect change was visible in the countenances of those whose lot was undecided.
Brandreth throughout his confinement seemed to have entertained a confident expectation of acquittal; and this hope appears to have rested solely on the supposed impossibility of identifying him, as he was a total stranger in that part of the country where the outbreak had occurred, and had, from the time of his committal, allowed his beard to grow, which completely shaded his whole face. The singular cast of his features, however, aided by the peculiar and determined expression of his eye, rendered his identity unquestionable; and almost every one of the witnesses swore to the person of the "Nottingham Captain." This wretched man, both before and after his conviction, evinced the utmost propriety of conduct. He appeared calm and happy, and exhibited great firmness in the contemplation of his unhappy fate.
His companions in misfortune, however, evinced much less fortitude for each appeared the very picture of despair. They attributed their melancholy fate to Brandreth and a fellow named Bacon, who, however, evaded the punishment due to his crime.
The execution of the convicts was fixed to take place on the 7th of November 1817, and at a quarter past twelve o'clock at mid-day they were carried to the scaffold on a hurdle.
The demeanour of Brandreth was calm in the extreme, and just before the drop fell he cried out to the people assembled, "God bless you all, and Lord Castlereagh." He died without a struggle; and when he had hung the usual half-hour, his head was removed and exhibited at the four corners of the scaffold, the executioner exclaiming, "Behold the head of a traitor!" From the manner of this functionary the mob were apprehensive that the head was to be flung in the midst of them, and they rushed back in great precipitation. They were, however, soon undeceived, and upon the same course being pursued with regard to Turner and Ludlam, they had regained their confidence.
ABRAHAM THORNTON.
TRIED FOR MURDER.
This case is remarkable, not only for the lamentable atrocity of the offence imputed to the unfortunate prisoner, but from the fact also of the brother of the deceased person having lodged an appeal, upon which the prisoner demanded "wager of battle," the consequence of which was the repeal of the old law, by which the wager was allowed in former ages, and which had already grown into disuse, although it still remained in existence.
Thornton was a well-made young man, the son of a respectable builder, and was by trade a bricklayer. He was indicted at the Warwick assizes in August 1817, for the murder of Mary Ashford, a lovely and interesting girl, whose character was perfectly unsullied up to the time at which she was most barbarously ravished and murdered by the prisoner.
From the evidence adduced, it appeared that the poor girl went to a dance at Tyburn, a few miles from Birmingham, on the evening of the 26th of May 1817, where she met the prisoner, who professed to admire her figure and general appearance, and who was heard to say, "I have been intimate, and I will have connexion with her, though it cost me my life." He danced with her, and accompanied her from the room, at about three o'clock in the morning. At four o'clock she called at a friend's at a place called Erdington, and the offence alleged against the prisoner was committed immediately afterwards. The circumstances proved in evidence, were that the footsteps of a man and woman were traced from the path through a harrowed field, through which her way lay home to Langley. The marks were at first regular, but afterwards exhibited proofs of the persons whose footfalls they represented, running and struggling; and at length they led to a spot where a distinct impression of a human figure and a large quantity of coagulated blood were discovered, and on this spot the marks of a man's knees and toes were also distinguishable. From thence the man's footfalls only were seen, and accompanying it blood marks were distinctly traced for a considerable space towards a pit; and it appeared plainly as if a man had walked along the footway carrying a body, from which the blood dropped. At the edge of the pit, the shoes, bonnet, and bundle of the deceased were found; but only one footstep could be seen there, and that was a man's. It was deeply impressed, and seemed to be that of a man who thrust one foot forward to heave something into the pit; and the body of the deceased was discovered lying at the bottom. There were marks of laceration upon the body; and both her arms had the marks of hands, as if they had pressed them with violence to the ground.
By his own admission Thornton was with her at four o'clock, and the marks of the man's shoes in the running corresponded exactly to his. By his own admission, also, he was intimate with her; and this admission was made not before the magistrate, nor till the evident proofs were discovered on his clothes: her clothes, too, afforded most powerful evidence. At four in the morning she called at a friend's, Hannah Cox, and changed her dancing-dress for that in which she had gone from Birmingham.
The clothes she put on there, and which she had on at the time of her death, were all over blood and dirt.
The case, therefore, appeared to be, that Thornton had paid attention to her during the night; shown, perhaps, those attentions which she might naturally have been pleased with; and afterwards waited for her on her return from Erdington, and after forcibly violating her, threw her body into the pit.
The prisoner declined saying anything in his defence, stating that he would leave everything to his counsel, who called several witnesses to the fact of his having returned home at an hour which rendered it very improbable, if not impossible, that he could have committed the murder, and have traversed the distance from the fatal spot to the places in which he was seen, in the very short time that appeared to have elapsed: but it was acknowledged that there was considerable variation in the different village-clocks; and the case was involved in so much difficulty, from the nature of the defence, although the case for the prosecution appeared unanswerable, that the judge's charge to the jury occupied no less than two hours. "It were better," he said in conclusion, "that the murderer, with all the weight of his crime upon his head, should escape punishment, than that another person should suffer death without being guilty;" and this consideration weighed so powerfully with the jury, that, to the surprise of all who had taken an interest in this awful case, they returned a verdict of Not Guilty, which the prisoner received with a smile of silent approbation, and an unsuccessful attempt at concealment of the violent apprehensions as to his fate by which he had been inwardly agitated.
He was then arraigned _pro forma_, for the rape; but the counsel for the prosecution declined offering evidence on this indictment, and he was accordingly discharged.
Thus ended, for the present, the proceedings on this most brutal and ferocious violation and murder; but the public at large, and more particularly the inhabitants of the neighbourhood in which it had been committed, were far from considering Thornton innocent, and subscriptions to defray the expense of a new prosecution were entered into.
The circumstances of the case having been investigated by the secretary of state, he granted his warrant to the sheriff of Warwick to take the defendant into custody on an appeal of murder, to be prosecuted by William Ashford, the brother and heir-at-law of the deceased. He was in consequence lodged in Warwick jail, and from thence he was subsequently removed by a writ of _habeas corpus_ to London, the proceedings on the appeal being had in the Court of King's Bench, in Westminster Hall. On the 6th of November, the appellant, attended by four counsel, appeared in court, when the proceedings were adjourned to the 17th, by the desire of the prisoner's counsel; and on that day the prisoner demanded trial by _wager of battle_. The revival of this obsolete law gave rise to much argument on both sides; and it was not until the 16th of April 1818, that the decision of the Court was given upon the question. The learned judges gave their opinions seriatim, and the substance of the judgment was, that the law must be administered as it stood, and that therefore the prisoner was entitled to claim trial by battle; but the Court added that the trial should be granted only "in case the appellant should show cause why the defendant should not depart without day." On the 20th the arguments were resumed by the appellant's counsel; but the defendant was ordered to "be discharged from the appeal, and to be allowed to go forth without bail."
Though the rigid application of the letter of the law thus, a second time, saved this unfortunate man from punishment, nothing could remove the conviction of his guilt from the public mind. Shunned by all who knew him, his very name became an object of terror, and he soon afterwards attempted to proceed to America; but the sailors of the vessel in which he was about to embark refused to go to sea with a character on board who, according to their fancy, was likely to produce so much ill-luck to the voyage; and he was compelled to conceal himself until another opportunity was afforded him to make good his escape.
The "trial by battle," which in this case was so remarkably claimed, may be thus described:--
When the privilege of _trial by battle_ was claimed by the appellee, the judges had to consider whether, under the circumstances, he was entitled to the exercise of such privilege; and his claim thereto having been admitted, they fixed a day and place for the combat, which was conducted with the following solemnities:--
A piece of ground was set out, of sixty feet square, enclosed with lists, and on one side was a court erected for the judges of the Court of Common Pleas, who attended there in their scarlet robes; and also a bar for the learned serjeants at law. When the court was assembled, proclamation was made for the parties, who were accordingly introduced in the area by the proper officers, each armed with a _baton_, or staff of an ell long, tipped with horn, and bearing a four-cornered leather target for defence. The combatants were bare-headed and bare-footed, the appellee with his head shaved, the appellant as usual, but both dressed alike. The appellee pleaded Not Guilty, and threw down his glove, and declared he would defend the same by his body; the appellant took up the glove, and replied that he was ready to make good the appeal body for body. And thereupon the appellee, taking the Bible in his right hand, and in his left the right hand of his antagonist, swore to this effect:--
"Hear this, O man, whom I hold by the hand, who callest thyself [John], by the name of baptism, that I, who call myself [Thomas], by the name of baptism, did not feloniously murder thy father [William], by name, nor am anyway guilty of the said felony. So help me God, and the saints; and this I will defend against thee by my body, as this court shall award."
To which the appellant replied, holding the Bible and his antagonist's hand, in the same manner as the other:--
"Hear this, O man, whom I hold by the hand, who callest thyself [Thomas], by the name of baptism, that thou art perjured, because that thou feloniously didst murder my father [William], by name. So help me God, and the saints; and this I will prove against thee by my body, as this Court shall award."
Next, an oath against sorcery and enchantment was taken by both the combatants in this or a similar form. "Hear this, ye justices, that I have this day neither ate, drank, nor have upon me either bone, stone, or grass; nor any enchantment, sorcery, or witchcraft, whereby the law of God may be abased, or the law of the devil exalted. So help me God and his saints."
The battle was thus begun, and the combatants were bound to fight till the stars appeared in the evening.
If the appellee were so far vanquished that he could not or would not fight any longer, he was adjudged to be hanged immediately: and then, as well as if he were killed in battle, Providence was deemed to have determined in favour of the truth, and his blood was declared attainted. But if he killed the appellant, or could maintain the fight from sun-rising till the stars appeared in the evening, he was acquitted. So also, if the appellant became recreant, and pronounced the word _craven_, he lost his _liberam legem_, and became infamous; and the appellee recovered his damages and was for ever quit, not only of the appeal, but of all indictments likewise of the same offence. There were cases where the appellant might counterplead, and oust the appellee from his trial by battle: these were vehement presumption or sufficient proof that the appeal was true: or where the appellant was under fourteen, or above sixty years of age, or was a woman or a priest, or a peer, or, lastly, a citizen of London, because the peaceful habits of the citizens were supposed to unfit them for battle.
It is almost needless to add, that this remnant of barbarity has now ceased to exist, an act of parliament, the introduction of which was attributable to the above case, having removed it from the pages of the lawbooks by which our courts are governed.
CHARLES HUSSEY.
EXECUTED FOR MURDER.