Part 39

On the 24th of March, William Gilchrist and Brown started from Glasgow on the outside of the coach, and about two or three miles from that place they met with George Gilchrist and Simpson, whom Gilchrist had hired to assist him. George Gilchrist was dressed in female apparel, and Simpson carried a small basket, which contained centre-bits and other instruments of that description. Simpson, on his examination said, "When they got into the coach they put up the windows, when Gilchrist took off the straw bonnet and shawl, and took out the tools; he then ripped up the cloth of the coach, and bored five holes horizontally with the brace and bit; the place between the holes was cut with a chisel; they then attempted to cut the tin box with the chisel, but finding they could not do so, they pressed the lid up with a chisel, and in doing this raised up the lock. They took out two parcels of notes and a packet, which, from its weight, he supposed was gold. They left some parcels in the box, which he believed were bills, and put some of them under the cushion. Having effected the robbery, they pressed the lid of the box down, and it then had the same appearance as if locked. He put part of the notes and gold about his person, and Gilchrist put the rest about him, and again put on the bonnet and shawl. All this occupied about an hour. When at Airdrie, he heard some one say, 'John, get on, remember the opposition.' William Gilchrist said it was Brown that said so, and that he would drive on if he saw any danger. Gilchrist said to witness that no one should get into the coach, and he would keep one side, and directed witness to keep the other; that they would get out in about a mile and a half; and that witness should look out of the window, and Brown would see him: this, he believed, was a signal that all was right; and he thought Brown observed him look out. He was desired by Gilchrist to call out to stop at the first entry on the left hand. The coach stopped at the place, and Brown came down and opened the door, and said to the coachman, 'John, I've got half-a-crown for you.' When they came out, witness carried the basket, and the coach immediately drove off. He and Gilchrist proceeded down the avenue about half a mile, and went into a planting. He saw a man coming down the avenue, when he told Gilchrist, who said he was a friend. The woman's clothes were put into the basket, and Gilchrist put on his own clothes. All the money was put into a silk handkerchief."

The trial continued until twelve o'clock on Thursday forenoon, when the jury unanimously found George Gilchrist Guilty of the charges; by a plurality of voices the libel Not Proven against James Brown; and unanimously finding the libel Not Proven against William Gilchrist. The lord justice clerk then passed the awful sentence of death on the prisoner, George Gilchrist, and ordered him for execution on the 3rd of August.

The prisoner, however, subsequently made communications to the officers of justice, in consequence of which a great portion of the stolen property was recovered, and his punishment was commuted to transportation for life.

JOSEPH PLANT STEVENS.

TRANSPORTED FOR ROBBERY.

This fellow was one of the class called "magsmen." The robbery of which he was convicted sufficiently explains the name, and affords a good specimen of the arts of London sharpers. The trick to which he resorted has now become very stale, and is sufficiently notorious; but flats are still to be found who foolishly submit to be robbed with their eyes open in the same manner.

At the Surrey sessions, on the 25th of May 1831, Joseph Plant Stevens was indicted for stealing 30_l._ from the person of Thomas Young, a farmer and hop-grower of Sevenoaks, Kent.

The prosecutor, who was an elderly man, stated, that being in town in the previous month of April, as he was proceeding along Bishopgate-street, he was accosted by a well-dressed young man of diminutive stature, who asked him if he was not a hop-grower out of Kent. The reply being in the affirmative, the stranger and he then entered into conversation, which turned to politics; and after discussing the then all-absorbing Reform question, they proposed to call at the Three Tuns, in the Borough, near which tavern they had now arrived, to have some gin-and-water. During the time they were drinking it, the young man spoke of the respectability of his own family, saying that he was a native of Brighton, and that he had come up to London to make some inquiries respecting a rich relative, from whom he had expectations. While sitting in the room conversing on the subjects alluded to, the prisoner walked in, and, seating himself at the same table with them, called for a glass of brandy-and-water. He affected to be a stranger; and after sipping a little of his liquor, he began to talk on the question of Reform. Having passed a high eulogium on the king and his ministers, he began to talk about himself, and commenced by saying that he was a very lucky fellow, a chancery suit having been just decided in his favour; adding, that he had 800_l._ then in his possession, and that he had fallen into 800_l._ per annum by the decision of the court. The farmer perceiving him take a roll of what appeared to be bank-notes out of his pocket, advised him strongly to put up the money again, telling him at the same time that London was infested with sharpers, and that if he did not take great care, he would assuredly be "choused" out of it by some of the knowing ones, who lurked about in all quarters in search of their prey. The prisoner spoke in a broad country dialect; and after the farmer had given him the advice just mentioned, the short young man, who no doubt was in league with the prisoner, said to the latter, "This is a nice steady old gentleman, and I think the least you can do is to present him with a gown-piece for his wife, as some acknowledgment for his good advice." The prisoner at once assented to the proposition, and, taking a sovereign out of his fob, said, that he thought it better to give the farmer a guinea for his wife, and that she could then please herself as to the pattern. The prisoner desired the farmer to give him his purse, in order that he might place the guinea with the rest of the money. The farmer very foolishly did as he was required, and the result was, that the prisoner, by a dexterous movement, slipped some tissue-paper into the purse, in lieu of six 5_l._ notes which had been previously there; and so skilfully was the trick managed, that the farmer never dreamt that he had been robbed, until some time afterwards, on visiting Mr. Stevens, a hop-factor, in Union-street, when recounting to that gentleman the kind treatment he had experienced at the Three Tuns, the discovery of the tissue-paper being substituted for his Bank of England notes took place.

The jury found the prisoner Guilty; and after the verdict was delivered, it was stated to the court, that a poor man from Oxfordshire was then in court, who had been robbed by him in the November before under similar circumstances.

The chairman said there was no doubt the prisoner was one of a gang of thieves who had recently committed many robberies of this description; and as it was necessary to make an example in this instance, the sentence of the court was, that he should be transported for life.

We are sorry to be unable to afford any account of the previous career of this fellow; but whatever may have been his conduct antecedent to the period of his conviction, there can be no doubt that in this instance he received no more than the just punishment for his crime.

WILLIAM KING.

IMPRISONED FOR ROBBERY.

The offence of which this man was convicted, was attended by a fraudulent misrepresentation of his character, which we should have imagined would have made him a fit object of severe punishment.

At the time of his conviction he was fifty-two years of age, and appeared to be a person of some respectability. He, however, declined giving any account of himself.

He was indicted at the Bridgewater assizes, on the 7th of August 1831, for assaulting Elias Cashin upon the king's highway, putting him in fear, and taking from his person and against his will a box containing twenty-four gold seals, forty-five brooches, and a variety of other articles of jewellery.

The robbery was alleged to have been committed at Huntspill, on the 10th of March, and Cashin, who was a member of the Jewish persuasion, stated, that on that day he was offering his wares for sale at Huntspill, when the prisoner came up to him, and representing himself to be an inspector of pedlars' licences, demanded to see his licence. He admitted that he had none, upon which the prisoner seized his box containing his jewellery, and took him by the collar, saying, that he must accompany him to a magistrate's. They went together to the house of a Mr. Rockett, where the prisoner behaved with much violence, in consequence of which Cashin rung the bell. Young Mr. Rockett appeared, who said that his father was not at home, and the prisoner then desired the Jew to meet him on the next day, at the house of a Mr. Phippen, another magistrate, residing at a short distance off. Cashin begged for his box, but the supposed inspector refused to give it up, and the poor Jew was at length compelled to go away, leaving his property in the hands of the prisoner.

On the next day he was faithful to his appointment, but neither the prisoner nor his box was to be seen; and Cashin added, that he could never meet him afterwards, until a short time before the trial, when he accidentally ran against him in Bristol. He now, in turn, became the assailant, and seizing the prisoner by the collar, demanded his box. He at first denied all knowledge of him, but then finding that the Jew was determined to take decisive steps against him, said that he had been robbed of it himself. Cashin, however, called in the aid of the police, and upon the prisoner being searched, a pair of spectacles was found upon him, which had been in the box, when he had carried it off.

The jury at once declared the prisoner guilty, but of the mitigated offence of larceny only, negativing the capital charge; and he was sentenced to twelve months' imprisonment.

MARY ANNE HIGGINS, AND EDWARD CLARKE.

TRIED FOR MURDER.

The trial of these prisoners, which took place at the Warwick assizes, on the 9th of August, 1831, excited the most intense interest in the county in which it occurred, owing to the peculiar circumstances under which the crime, with which they stood charged, was committed, and the relative position of the persons accused, and the deceased. The female prisoner, Mary Anne Higgins, was rather a good-looking girl, with a fresh complexion, and pleasing, though un-intellectual expression of countenance, and her appearance produced almost universal sympathy. Clarke, however, was the object of very different feelings; and although previously to the trial his guilt was involved in much doubt, the indifference which he exhibited on being introduced to the dock, procured for him a very unfavourable consideration amongst the crowd of persons assembled.

The indictment charged that the prisoners had been guilty of the wilful murder of William Higgins, at Coventry, on the previous 22nd of March, by administering to him three drachms of arsenic. In a second count Clarke was charged as an accessory to the murder, by aiding and abetting Higgins in its commission. Clarke was twenty-one years of age, and his fellow-prisoner only nineteen years.

Upwards of forty witnesses were called, and the investigation lasted from nine o'clock in the morning until an advanced hour in the evening; the material facts of the case, however, as elicited from the evidence, may be stated in a comparatively small compass:--

William Higgins, the deceased, was a man in an humble station of life, who had saved a little money, upwards of 100_l._ of which he had placed out at interest. Upon the death of his only brother, who left four or five children behind him, the deceased, being unmarried, took one of the children (the female prisoner) to live with him, and reared her as he would his own child, intending also to leave her the little money he possessed at his death.

About the beginning of the year 1831, a courtship commenced between the girl and the prisoner Clarke, who was an apprentice at the watch factory of Messrs. Yale and Co. at Coventry, in the course of which he evidently acquired considerable influence over her mind. He was observed, in the months of February and March, in the possession of more money than usual, including one or two golden guineas, a denomination of coin of which the deceased's savings were supposed principally to have consisted; and he boasted, on more than one occasion, that he had only to go to the old man's house whenever he wanted money.

On Tuesday, the 22nd of March, the female prisoner went into a druggist's shop, and asked for two-pennyworth of arsenic to destroy rats. The young man in the shop told her that she could not have it except in the presence of a witness; upon which she went away, and did not return. She afterwards went to another shop of the same description, and made a similar application, to which she received the like answer. Upon which she observed, that she did not know what she was to do, as she came from the country. She added, however, that she had a sister residing at Coventry, and she would go and fetch her. She then left the shop, and, when passing through Spoil-street, she met a girl named Elizabeth Russell, who told her that she was going to the factory (Vale and Co.'s); upon which the prisoner said, "Just come with me as far as Messrs. Wyly's, the druggists, and I will then accompany you to the factory." Elizabeth Russell asked her what she wanted at the druggists'? To which she replied, that she wanted some arsenic to destroy rats. The girl then accompanied her to the druggists', where she received the arsenic in her presence, with a label upon the paper having the words, "arsenic, poison," printed on it. She inquired of the shopman how she was to use it, in order to destroy the rats; and he told her she might mix it up with some bread, or some substance of that kind. She then left the shop, and on going into the street she tore off the label, saying at the same time to the other girl, "What has he stuck this on for?"

They walked as far as the factory, which they reached just as the men were coming out of it to go to dinner, it being then about one o'clock in the day; they here parted, and the prisoner Higgins was joined by the prisoner Clarke, who walked with her towards her uncle's house; a waggoner who was passing along the street shortly afterwards, observed Clarke entering the uncle's house, and the niece the next moment closing the door, which Clarke had left open, after him.

At two o'clock Clarke returned to his work at the factory, and remained there until eight in the evening; about nine he was observed standing at the entry which led from the deceased's house to a yard where there was a certain convenience, from which the old man was seen apparently returning. The niece was also observed standing at the entry. Whilst the old man was in the yard, a particular kind of noise was heard, and the place afterwards exhibited the appearance of a person having been vomiting there.

At about one o'clock at midnight the female prisoner knocked up an old woman named Green, who lived a few doors off, and implored her, for God's sake, to come to her uncle, who was taken very ill. Mrs. Green accordingly got out of bed, put on her gown, and followed her to her uncle's. On her way, Mrs. Green was met by a man, who, when passing by Higgins's door the moment before, heard two voices, as he thought, in the house; but could not tell whether they were male or female voices, or the voices of a male and female. Upon Mrs. Green going in, she found the deceased lying upon his niece's bed, with his head resting on his left hand, in the attitude of a man who had been vomiting. Upon going up to him, she thought at first she heard him breathe, but found, when she stirred him, that he was stiff. She called to him, but received no answer. Observing some water on the floor near the bed, and knowing that the old man had been subject to a complaint which she called the water-swamp, she proposed going down stairs and making some tea for him. She and the niece went down accordingly, and, while below, the latter said, "Oh! I hear my uncle groan."

They immediately returned to the room, but on Mrs. Green again going to the bed, she found that the old man was dead; and also concluded, from a more particular examination of his body, that he must have been dead for at least half an hour. The niece wept bitterly, exclaiming, "Oh my dear uncle! my dear uncle! now he's gone, all my friends are gone!" She told Mrs. Green that she and Edward Clarke were to have been married on Easter Monday, and that had it not been for her poor uncle's death, they were all to have had a jovial day of it. She said that they must still be married, however, on that day, as she was in the family way; that she would put on mourning for her uncle, but put it off on the day of her marriage, and then resume it again, it being unlucky to be married in black. The statement of her being in the family way was untrue.

In answer to previous inquiries from Mrs. Green, she said that her uncle had had some pea-soup for supper; that he had been taken very ill, and gone to bed; that after she had retired to her own bed, her uncle came into her room, and becoming very sick, she got up, and placed him on her bed. Mrs. Green observed the bed in the deceased's room very much tumbled, as if by a person who had been tossing from side to side in great pain. There was also a quantity of water on the floor, with two little lumps of bread in it, which appeared to have been discharged from the stomach. Some other of the neighbours being called in to assist in laying out the deceased, Mrs. Green went away.

In the course of the morning, between six and seven o'clock, another neighbour, a Mrs. Moore, called, and, on seeing the niece, asked if it was true that her uncle was dead? She said it was, and that she was then going out to purchase mourning. She went out accordingly, and when she was gone, Mrs. Moore, seeing the place in a state of confusion, set about putting the things to rights. On going into the pantry, she perceived a basin on the shelf about three quarters filled with pea-soup. She took it to the window, and stirred it up with a spoon that lay in it; upon which she perceived that it was of a whitish colour and thick substance, different from the usual appearance of pea-soup. She replaced it on the shelf, and then examined another basin containing a similar quantity of pea-soup, which, however, was of the usual yellow colour, and of the ordinary substance. This basin she also replaced on the shelf, and said nothing until the niece returned, when she asked her the cause of the different appearances of the two soups; to which the latter replied, that she had thickened one with flour, and the other with oatmeal.

Mrs. Moore's suspicions having been excited, she gave the soup into the charge of a carpenter who had come to measure for the coffin, who locked it up in the room in which the corpse lay. A surgeon was then sent for, who opened the body, and found the coat of the stomach extremely vascular and red. He also found within the stomach a pint and a half of fluid, which he put into a bottle, and which he sent, together with the basins of soup, in a basket, to his surgery, for the purpose of having them analysed. The fluid taken from the stomach was afterwards submitted to several chemical tests, in the presence of four or five professional gentlemen, all of which led to the same result--namely, that it was impregnated with arsenic. The pea-soup was not analysed, but was given to a dog, which immediately threw it off its stomach, and consequently survived it.

When the female prisoner was taken into custody by an officer named Gardiner, she was questioned on the subject by him, in a manner which was severely reprehended by the learned judge, and excited a feeling of strong indignation in the minds of every person in court, including the learned counsel on both sides. She told him, in reply to his questions, first that she had not purchased any arsenic; and on his saying that Elizabeth Russel could prove that she had, she admitted it, but said that she had only used it to destroy rats, and that one lay dead under a

## particular chair. A dead mouse was found under that chair; but on its

being opened, there was no appearance of inflammation in the stomach, which there must have been had it died from having swallowed arsenic. She also denied having any money in her possession; but on being searched, a box was found in one of her pockets, containing five guineas; another box contained three; and in a purse were one guinea, a half-guinea, and a seven-shilling piece. Gardiner, afterwards, when conveying her to prison through the street, no other person being present, said to her, "How could you be over-persuaded to do such a thing?" to which the unfortunate girl replied, that she had not been persuaded by any person, she had done it herself. She said she had put two tea-spoonfuls of arsenic into a basin, and poured the soup over it, and then gave it to her uncle.

There were no circumstances in the case, as against Clarke, to lead to a positive conclusion that he had been aware of the poison having been put into the soup, or of its having been purchased at all.

When called on for his defence, he put in a written address, in which he principally dwelt upon the vagueness of the evidence adduced against him, and asserted his innocence of the crime with which he stood charged. The female prisoner merely said she was innocent, and left the rest to her counsel. Several witnesses gave Clarke a good character; but none appeared for Higgins.

The learned judge summed up the case to the jury with the most anxious care and minuteness.