Part 12
Mr. THOMAS (the Police Superintendent) here deposed, that he was inclined to believe, from the glutinous and fresh appearance of the blood on the prisoner May's clothes, that it was shed since his being taken into custody.
The CHIEF JUSTICE then proceeded to recapitulate the evidence to the jury, first warning them of the justice of founding their decision on the evidence then adduced, without being at all influenced by statements made elsewhere. The indictment contained two counts--one charging the prisoners at the bar with the murder of Carlo Ferrari, an Italian boy; the other with the murder of a boy, name unknown. The jury would learn from this circumstance, that it was by no means necessary that the name of the murdered party should be known, and that all that they need have to decide was, the fact itself. They accordingly would first direct their attention to the determining the fact, whether the body which the prisoners had proffered for sale had come by a natural death or not; and next, whether, if they were of opinion that it had not, the prisoners were the murderers, and to what degree they were implicated. With respect to the first point, he thought they would experience but little trouble after the explicit evidence of the medical gentlemen who had been that day examined, and whose conduct, it was but justice to say, was an honourable rebuke to any calumnious imputations on the medical profession to which the present case may have given birth. The learned Judge then went through the evidence with the most pains-taking minuteness, commenting on those points which, in his mind, would enable the jury to determine the guilt of the prisoners, and their probable share in the crime. The jury had heard evidence which traced the Italian boy close to the premises of Bishop, at twelve o'clock of the 3d of November, on the night of which it was probable the murder was committed. They had evidence also to show, that on that night a scuffle took place in Bishop's cottage, in which Williams's voice was discernible. The evidence, however, to show that May was present, or participated in the actual offence, was by no means decisive; so that the jury would have to determine how far he was, or was not, a principal or accessory. It might be that they would arrive at the conclusion that Bishop alone, or Bishop and Williams, were the criminals, and in such case they would find a verdict of acquittal for May; or it might be, that they would find that all three were equally guilty, or that they were guilty, but not in an equal degree. Their verdict would be according to their decision on this point, rendering it incumbent on them to cautiously weigh those parts of the evidence which bore particularly on Bishop and Williams, and on the other prisoner. He left it to their unbiassed judgment to find according to the evidence which had been submitted to them.
At eight o'clock the jury retired to consider their verdict, and the prisoners were removed from the bar, and taken out of court. The interval between that and the return of the jury was a period of intense anxiety to every one in court; and, as is usual on such occasions, there were various conjectures hazarded as to what would be the verdict as to all the prisoners. That a verdict of 'guilty' would be returned against two of the prisoners--namely, Bishop and Williams,--none who heard the evidence and the summing up of the learned Judge, could entertain any rational doubt; but the same confident opinion by no means existed with respect to the fate of the prisoner May. The general opinion, as far as we could judge from what was passing around us, was, that the circumstantial proof not being, in his case, so strong as it was in that of his fellow-prisoners, the jury would acquit him: but still there were many who thought the proof of a participation in the murder clear and perfect as to all the parties.
These conjectures and speculations were put an end to by the return of the jury at half-past eight o'clock.
The most death-like silence now prevailed through the court, interrupted only by a slight buzz on the re-introduction of the prisoners.
Every eye was now fixed upon them; but though their appearance and manner had undergone a considerable change from what they exhibited at being first placed at the bar, and during the greater part of the trial, they did not seem conscious of the additional interest which their presence at this moment excited. They scarcely raised their eyes as they entered, beyond a glance or two at the jury box.
Bishop advanced to the bar with a heavy step, and with rather a slight bend of the body; his arms hung closely down, and it seemed a kind of relief to him when he took his place to rest his hand on the board before him. His appearance, when he got in front, was that of a man who had been for some time labouring under the most intense mental agony, which had brought on a kind of lethargic stupor. His eye was sunk, and glassy; his nose drawn and pinched; the jaw fallen, and, of course, the mouth open: but occasionally the mouth closed, the lips became compressed, and the shoulders and chest raised, as if he was struggling to repress some violent emotion. After a few efforts of this kind, he became apparently calm, and frequently glanced his eye towards the bench and the jury-box; but this was done without once raising his head. His face had that pallid blueish appearance which so often accompanies and betokens great mental suffering.
Williams came forward with a short quick step; and his whole manner was, we should say, the reverse of that of his companion in guilt. His face had undergone very little change; but in his eye and his manner there was a feverish anxiety, which we did not observe during the trial. When he came in front, and laid his hand on the bar, the rapid movement of his fingers on the board, the frequent shifting of the hand, sometimes letting it hang down for an instant by his side, then replacing it on the board, and then resting his side against the front of the dock, showed the perturbed state of his feelings. Once or twice he gave a glance round the bench and the bar, but after that he seldom took his eye from the jury-box.
May came forward with a more firm step than either of his fellow-prisoners; but his look was that of a man who thought that all chance of life was lost. He seemed desponding; but there appeared that in his despondency which gave an air of--we could not call it daring, or even confidence,--we should rather say, a physical power of endurance, which imparted to his whole manner a more firm bearing than that of the other prisoners. He was very pale, but his eye had not relaxed from that firmness which was observable in his glance throughout the whole of the trial.
Ordinary physiognomists who, without having seen the prisoners, had read the accounts of their examinations at the police-office,--of their habits and mode of living, and the horrible atrocities with which, there is now no doubt, they were familiar,--would have been greatly disappointed in the appearance of all of them as they stood at the bar. There was nothing in the aspect or manner of any of them which betokened a predisposition to anything like the outrage on humanity of which they stood convicted. Thurtell looked, as well as acted, the 'bold-faced villain.' Ings, and one or two others of the companions of Thistlewood, wore in their countenances, almost as strongly as they showed in their deeds, the bold daring of the reckless desperado; but nothing of this kind could be traced in the face of any of the three who were then at the bar. There was something of heaviness in the aspect of Bishop, but altogether his countenance was mild. Williams had that kind of aspect with which men associate the idea of sharpness and cunning, and something of mischief, but nothing of the villain. May, who was the best-looking of the three, had a countenance which most persons would consider open and manly. There was an air of firmness and determination about him; but neither in him nor his companions was there the slightest physiognomical trait of a murderer, according to the common notions on the subject. They were all those kind of vulgar men in appearance of which one sees hundreds every day, without being struck with any indication in them of good or evil disposition.
When the three prisoners were placed at the bar, the names of the jury were called over; and on being asked whether they had agreed to their verdict, they answered that they had.
The question was then put to them, as to each of the prisoners, and they returned as their verdict, that John Bishop, Thomas Williams, _alias_ Head, and James May, were severally _Guilty_ of murder.
The verdict was received in court with becoming silence; but in a moment it was conveyed to the immense multitude assembled outside, who evinced their satisfaction at the result by loud and continued cheering and clapping of hands. To such an extent was this expression of the popular feeling carried, that the windows of the court were obliged to be closed, in order that the voice of the Recorder might be heard in passing sentence.
The prisoners were then severally called upon to say why sentence of death and execution should not be pronounced upon them; but none of them availed themselves of this opportunity of saying anything.
The RECORDER then proceeded to pass the awful sentence of death upon them, but was for some moments again interrupted by the renewed shouts of the populace from without. Silence having been restored, the learned Judge proceeded. He began by eulogizing the patient and diligent attention bestowed on their case by the jury, whose verdict was just recorded; and of that jury he might state, what he often had occasion to remark of juries in that box, that nothing but the most satisfactory evidence, and a conviction of the solemn obligation they owed to their Maker and to their country, could induce them to pronounce a verdict which was to consign some of their fellow-men to a disgraceful death. He fully concurred in the verdict they had pronounced, which was supported by the most conclusive evidence.
The prisoner BISHOP.--By false evidence, my Lord.
The learned RECORDER went on, and addressing himself to the prisoners, observed, that he would not encroach, by any lengthened remarks, on the very short time that was to intervene between their sentence and their appearance in the presence of their Creator. A month had now elapsed since their first committal for this crime, and he hoped that that time had been employed by them in looking back on their past lives,--on the horrible agony which they had inflicted on the feelings of so many of their fellow-men,--and on the dreadful outrage on human nature of which they were now convicted. But, however they might have spent the time past, he earnestly adjured them, by their hopes of mercy, to lose not an instant of the few hours which yet remained to them, in constant prayers to Almighty God for pardon through the merits of their Redeemer. After pointing out to them the spiritual assistance which would be afforded to them in prison, the learned Judge concluded by passing upon each of them the sentence of the law, which was, that each of them be hanged on the following Monday morning, and their bodies be delivered over for dissection and anatomization.
The prisoners heard their sentence, as they had heard the verdict, without any visible alteration in their manner. They stood at the bar, as if expecting that something more would be added. When ordered to be removed, May raised his voice, and, in a firm tone, said, 'I am a murdered man, gentlemen, and that man (pointing to Bishop) knows it.'
The prisoner Williams said, 'We are all murdered men.' He then addressed himself to one or two of the witnesses at the side bar, and said, that before three months they would suffer for the false evidence they had given against him.
Bishop made no observation, but retired from the bar even more absorbed by his awful situation than he had appeared before.
The prisoners were then removed, and in a short time after the crowd outside the court dispersed.
From a momentary forgetfulness on the part of the Recorder, when passing sentence of death upon Bishop, Williams, and May, these wretches nearly escaped the additional judgment of dissection. The Recorder, in the usual manner, had ordered them to be hanged on the following Monday, and was passing on to the end of his address, 'and the Lord have mercy upon your souls,' when Mr. Justice Littledale whispered to the learned gentleman, who then stopped short in the concluding sentence, and ordered their bodies to be given up for dissection.
On Saturday night, when the prisoners were removed each to his cell, attended by his watchman, the person who was placed over Williams saw him grow anxious and uneasy; towards midnight his agitation increased, and the vigilance of his keeper became more marked. Williams observed it, and said, 'Don't be frightened, sir, I am not going to do anything wrong, but I wish to ease my mind. Let me see the Governor.' Mr. Wontner was then called from his bed, and the Rev. Mr. Cotton, the Ordinary, was also in attendance in a few minutes.
When these gentlemen came into the cell, Williams looking at them steadfastly for a moment or two, burst into tears and said, 'Gentlemen, I wish to unburden my mind; I know I am guilty, and I ought to suffer the utmost punishment of the law; I am a murderer, I confess it, but the witnesses were all mistaken as to its being the Italian boy.' He was then urged to relieve his mind as calmly and as coolly as possibly; and, after a strong effort, during which the mental agony which he endured was dreadful, he made a statement, of which the following is the substance:--
On Thursday the 3d of November, he was in the neighbourhood of Smithfield, when he saw a boy, whom he had often observed before, assisting in driving cattle to the market. This boy was about fourteen or fifteen years of age, and exactly corresponded with the description given of the Italian boy. He enticed him from the cattle, and took him to the Fortune of War public-house, and sent for Bishop, who was waiting at another public-house in the neighbourhood for the purpose of receiving communications from him (Williams) as to anything he might do. Bishop came, and they took the boy home to Nova Scotia Gardens, giving him some soup and potatoes by the way. When they got him there, they set him to play with Bishop's children until near dusk, when they gave him some rum, and he became stupified. They (Bishop and Williams) then took him into the garden, and on the way threw him down, and, pushing his head into the water-barrel, sunk into the ground (as already described) held him until he was suffocated. They then conveyed the body back to the house, 'kept it snug' till the next day, when May was applied to, to assist in disposing of it. May had nothing to do with the murder of that boy.
Here the statement concluded. Williams seemed greatly relieved after making his confession, and went to bed and slept soundly.
The Rev. Mr. Williams, according to his promise, also visited Bishop in his cell. The culprit appeared to be aware of his approaching dissolution, and though firm as when he appeared at the bar before the Court at the Old Bailey, yet he appeared to be anxious to make a communication in favour of May. Bishop observed, that as he had no hopes of mercy here, he did not wish an innocent man to suffer for his crimes, and he declared that May was not concerned in the murder of which he had been convicted. He said he was ready to make a confession of the murders in which he had participated. After some hesitation, he admitted that he had been concerned in the commission of three murders, viz.--that of the Italian boy, the murder of Frances Pigburn, and of a drover, a boy who had come to London with cattle from Lincolnshire, which boy the witnesses on his trial had sworn was the Italian boy, to the best of their belief, though he had disposed of that body before.
Bishop entered into a minute description, most horrible in its details, of the mode by which he had perpetrated the inhuman murders, and then made the following confession:--
_Newgate, December 4._