Part 33

On Sunday, the 25th of October, according to custom, they attended the Rev. Mr. Hogg's chapel, and, no doubt, they had very little suspicion that it was for the last time. The house in which they resided near Haddington was about one hundred yards from the village of Abbey, in East Lothian, and with the garden was enclosed by a wall above six feet in height. The village youth never once thought of stealing fruit from people so warmly beloved, and consequently the garden-door stood always open. On that night they were brutally murdered. His plans carefully matured, the murderer deliberately fastened the garden-door, so that the escape of the intended victims, and any attempts at resistance, were rendered exceedingly difficult. He then scaled the wall, and proceeded to the awful work of homicide. His first attempt to gain admittance was at a window in front of the house. He broke two panes of glass; but the inside shutters were too securely fastened to yield to his efforts. Baffled and disappointed, he had recourse to another window in the same room; and after breaking two panes of glass, and using great exertion, the keeper gave way, and the monster obtained admission. He passed deliberately through the room, through a sinuous passage, through the kitchen, and then burst into the bedroom of Mrs. Franks and her daughter. The unfortunate ladies had been alarmed by the noise the villain made in breaking into their sanctuary. The mother had time to throw her gown over a petticoat; but the daughter, a stranger to the crimes of the world, and naturally possessing a more tranquil mind, and being more soundly asleep, had barely time to clothe herself with the gown she had on at church, ere she was in the grasp of her ruthless murderer. Dread, desperation, and the potent instinct of self-preservation naturally incited a resolute resistance; but the well-prepared and determined murderer prevailed. In the vain and delusive hope of escape the wretched mother fled from the appalling scene of death, and ran to the garden-door, expecting to reach the village; but there she was stopped by the cool and fiendish deliberation of her destroyer. Having despatched the daughter, he followed the mother, seized her at the garden-door, and with one of her own table-knives, ended her life, by nearly severing the head from her body. He then threw the bleeding corpse into a hogsty, which was only ten yards distant; and the marks of the ruffian's gory hands were observable on the entry-door. The bloody tragedy being finished, the scarcely less important consideration next came--that of plunder. He coolly locked the kitchen-door inside, turned out the contents of the drawers, and ransacked all the repositories; indeed, so minute and persevering was the search, that a considerable breadth of plaster was torn from the roof of a room in the attic story, where there had previously been a small aperture, in expectation, no doubt, that money was concealed in that unusual place. The rings were torn from the ears of Mrs. Franks; three gold rings, it is said, were taken from her finger, which were carried off, along with a silver watch. Having completed his unhallowed undertaking, and secured all the plunder that suited his purpose, the ruffian retired, as he had entered, by the window.

Neither on the Monday nor Tuesday following was Mrs. Franks or her daughter observed; but this excited no surprise, as it was concluded by those by whom they were missed, that they were absent on a friendly visit to the sister of the former at North Berwick. On Wednesday morning, a woman requested a young man to make his way over the garden-wall, and ascertain if a pig that belonged to Mrs. Franks had any provision. He promptly obeyed; and on looking into the hogsty, was horrified by the sight of the widow's mangled remains. He gave an involuntary but vehement scream, and his employer, Mr. Dudgeon, a miller, and a number more, promptly repaired to the spot. The body was taken out, and, to their inexpressible horror, they discovered that the throat was cut from ear to ear. Alarming suspicions flashed across their minds; they instantly ran to the house, and having obtained an entrance, they discovered the daughter--pale, dead, lying amidst a quantity of blood, and the brain protruding from her skull.

Suspicions of the guilt of Emond from circumstances which became known to the authorities were at once excited; and efforts were made to secure his apprehension. He had resided for some time at North Berwick, and was married to that very sister of Mrs. Franks, whom it was supposed she had gone to visit; and repeated expressions of dislike on his part towards his sister-in-law, and of threatened revenge for her interference in his family quarrels, were deemed sufficient to justify the course which was taken. In the course of a few days he was apprehended; but it was not until the 8th of February 1830 that he was brought to trial. The investigation took place before the High Court of Justiciary at Edinburgh, and the wretched criminal was pronounced guilty amidst a tumultuous burst of execration, and was ordered for execution on the 17th of March.

Immediately after his trial the convict confessed that he had committed the dreadful crimes imputed to him, under the circumstances which we have narrated. He appeared, however, to view his murder of Mrs. Franks as an act which her previous conduct towards him justified; but when he alluded to the death of her daughter, he appeared struck with remorse and despair, exclaiming wildly, "Innocent blood calls for vengeance."

On the appointed day the prisoner underwent the punishment due to his crimes, at the end of Libberton's Wynd. On the Friday before his death he was visited by his wife, for the first time during his imprisonment. On being informed she was come, he exclaimed, "Oh, God, how can I meet her--how can I see her!" She refused to proceed farther than the cell door, and on seeing her husband, said, "Oh, Robert, Robert, you see what you have brought yourself to!" He used some soothing expressions, and going as far as his chains would permit, said, "Mary, will you not shake hands with me?" but she shrunk back, saying, "Oh, no, no; how can I touch you?" However, by the persuasion of the clergyman, she did shake hands with him. He then wished to impress on her, that he always loved her affectionately; but she replied, "Oh, Robert, ye ken your conduct didna look like that." They were beginning to recriminate, when it was thought best to finish the interview. She was again asked to shake hands at parting, but at first refused, exclaiming, "Oh, no, no--I cannot touch him;" but being advised to extend her hand, which he held firmly, she shuddered and shrieked out, "Oh that hand, that hand!" On being told that a Mrs. Cron was with his wife, he said, "I would to God that infernal woman had been in place of the girl (meaning Magdalene Franks). Were I as free as ever, I would be hanged this night, this instant, if I had her here, and had my revenge." The criminal accused this woman of fomenting differences between him and his wife.

At six o'clock in the morning of the day fixed for the execution, the Rev. Mr. Porteous, who had been unwearied in his attentions to the unhappy man, arrived and performed the religious exercises. About seven o'clock, he was pinioned in the usual form.

The morning was cloudy and drizzling; but at an early hour the crowd began to collect from all quarters, and a perfect stream of people passed up the High-street for nearly two hours. The street, windows, terraces, and chimney-tops, were densely peopled. Some hundreds of persons from Haddington, North Berwick, and the adjacent villages attended.

A few minutes past eight the culprit ascended the scaffold. His appearance elicited a huzza from the boys among the crowd, but no grown-up person joined in the unseemly and appalling shout. He was attended by his brother, who joined him with the reverend gentleman, in psalm-singing and prayer. The unhappy man remained firm and composed throughout, but changed colour frequently when the executioner proceeded to do his duty. He then shook hands with his brother, and the official attendants said he was now ready, and bade them all farewell. After a few moments in private prayer, the signal was dropped, and the platform instantly fell. His struggles were unusually long and violent, and it was apparently four or five minutes before the vital spark had fled. Emond was a man of short stature, with ill-proportioned features, and had, on the whole, a very unprepossessing look. After hanging the usual time, the body was lowered down into the shell, and conveyed to the Lock-up House, whence it was afterwards taken to the College for public dissection.

CAPTAIN WILLIAM MOIR.

EXECUTED FOR MURDER.

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.