Part 64

On Monday the recorder summed up the evidence with great perspicuity, going through the whole of the testimony of the witnesses, and finally remarking on such parts as required explanation. He observed in his address to the jury--"The issues of life and death were, by the constitution of the realm, committed to them, and not to him. The prisoner was charged with having murdered, by means of poison, a lady of the name of Clara Ann Smith, the poison being yellow arsenic mixed in water gruel. They would have to make up their minds upon the three following points:--First, whether Mrs. Smith's death was occasioned by poison; secondly, whether that poisoning was carried into effect by the prisoner; and, thirdly, whether the prisoner knew that she was poisoning Mrs. Smith. If they were of opinion that she did administer the poison knowing it was poison--if their consciences were made up on these points, however fatal and tremendous the consequences might be to the prisoner, they were bound to make a true deliverance between the king and the king's subjects, and they were bound to pronounce her guilty. They would have to exercise their judgment. The verdict was theirs, and not that of the court. They were charged with the duty of pronouncing the question of guilty or not guilty."

The jury retired for rather more than a quarter of an hour, during which time great and more than ordinary excitement was manifest in the court. The prisoner apparently retained the most perfect composure, her solicitors and other persons were crowded round her, with whom she appeared in most anxious communication; but her eyes were constantly wandering towards the door, in expectation for the jury's return, upon the countenance of each of whom she was observed, upon their leaving the court, to have looked with a steadfast wish to discriminate the opinion each had formed of her case.--Upon an intimation that the jury were about to return, there was a general anxiety to obtain a sight of the prisoner throughout the Court, which occasioned so much noise, and cries of so various a nature, that some time elapsed before order could be obtained, or the judge had any power to proceed. The noise having somewhat subsided, the names of the jury were called over, and they were then in the usual manner asked what verdict they had to return, when the foreman, in a most solemn manner, and evidently with a great degree of feeling, returned the verdict of "Guilty."

The prisoner's countenance at this interesting and awful moment was slightly changed, but she addressed the judge in an audible voice, although rather faltering, saying, "My lord, I am innocent, I am innocent. Standing at this bar, I call upon the Almighty to put his judgment upon me if what I am now saying is not true. I know nothing of it; I am innocent; and the Almighty, I hope, will put his judgment upon me at this moment if I am not innocent."--The learned judge then passed upon her the awful sentence of the law, directing her to be executed on Wednesday, and her body to be buried within the precincts of the jail. The prisoner said, in an audible voice, "May the Lord have mercy upon my soul." She was perfectly unmoved during the passing of the sentence. She was then removed, and immediately partook of refreshment under the dock. An immense crowd of persons was waiting in every avenue leading from the court; and, upon her departure from the Guildhall, on her way to the jail, she was assailed with the most frightful and discordant yells, the carriage in which she was conveyed being followed by a great concourse of people.

On Wednesday, the 15th of April, the unhappy wretch was hanged. During the religious service before execution she sat sullenly silent, never once rising or kneeling. At the conclusion of the sermon she got up without betraying any emotion, and left the chapel with firmness. But afterwards, when in the room under the platform, having her dress arranged, when the fatal cap was placed on her head, and the rope round her neck, she certainly joined in the prayers which the chaplain continued, with something like feeling--repeating the responses of "Lord have mercy on my soul!" "Christ have mercy on my soul!" with earnestness. In this room she lingered long, and appeared to lengthen the time, and it was here generally expected that she would have confessed the justice of her sentence--but, alas! she made no statement whatever. She ascended to the fatal drop with comparative firmness, but looked pale and ghastly, and evidently now felt intensely. She quickly dropped the handkerchief, and the fatal bolt was drawn at exactly twenty minutes before two o'clock in the afternoon. Her weight evidently caused instant death.

The wretched woman, it appears, was a native of Bristol, in which city she passed her life. She was forty years of age at the time of her execution.

PATRICK CARROLL.

EXECUTED FOR MURDER.

The circumstances attending the murder of which Carroll was guilty may be related in a very short space.

Carroll, it appears, was a native of Ballihoy in Ireland, and at the age of twenty-two years enlisted in the 7th regiment of Fusileers. He remained in this corps during a period of seven years, at the expiration of which time he received his discharge. He, however, almost immediately rejoined the army by enlisting in the Marines; and for the good conduct which he displayed, he was speedily raised to the rank of corporal. He had been in the marine service during three years only, when the melancholy event occurred which consigned him to the gallows. The company of marines to which he belonged was stationed at Woolwich; and the public-house which was commonly frequented by Carroll was the Britannia, which was kept by a Mrs. Browning, a widow. Carroll formed an idea that his attentions were not disagreeable to Mrs. Browning; and he repeatedly pressed her to marry him. It does not appear that she was altogether regardless of his suit; but Carroll having upon more than one occasion while in a fit of intoxication, conducted himself in such a manner towards her as to call for her displeasure, she refused any longer to listen to his addresses. On Sunday, the 26th of April 1835, Carroll went to the Britannia, and found that Mrs. Browning had invited some friends to tea amongst whom he was not numbered. Some angry words ensued between them; and with difficulty Carroll was ejected from the house. On the next morning he returned, and demanded that he might be permitted to address a few words to Mrs. Browning in private. This was declined, upon which he entered the bar where she was; and after having repeatedly struck her with his hand, at length drew his bayonet, with which he stabbed her in no fewer than eighteen places in the breast and body. The screams of the unfortunate woman soon attracted many persons to the spot, and the murderer was secured with all the evidence of his guilt upon his person; not, however, until the victim of his crime had died under the wounds which he had inflicted.

Carroll made no effort to escape or to deny his guilt; and a verdict of "Wilful Murder" having been returned against him by a coroner's jury he was committed to Newgate for trial.

On Friday the 15th of May, the prisoner was tried at the Central Criminal Court, held at the Old Bailey, for the murder, when a verdict of "Guilty" was returned. Sentence of death was immediately passed, and the prisoner was ordered for execution on the following Monday.

In pursuance of his sentence he was conveyed from Newgate to Maidstone on the same evening, the scene of his crime rendering it necessary that he should suffer execution in the county of Kent. The wretched prisoner made no attempt to deny or to palliate his guilt, and appeared to be deeply sensible of the painful nature of his situation. He maintained an unusual degree of firmness throughout the remaining portion of his life, which did not forsake him even at the scaffold.

His execution was attended by a vast number of persons, a great many of whom were soldiers or marines.

The execution took place on Monday, May the 18th 1835.

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As this is the first case, to which we have alluded of the trial of a prisoner at the court constituted as the Central Criminal Court, it may be well to mention the change in the law, by which this alteration in the title of the "Old Bailey" was effected. The extreme inconvenience attending the prosecuting offenders, for crimes committed in the immediate vicinity of the metropolis, but not within the district to which the jurisdiction of the Old Bailey extended, involving, as it did, among other evils, the necessity of the attendance of witnesses at Maidstone, Chelmsford, or the other assize towns of the Home Circuit, had long been felt and complained of; and parliament had been called upon to provide a remedy by which the existing system might be improved. Under the superintending influence of Lord Brougham, the Central Criminal Court Act was prepared, and carried through both Houses of Parliament. The general effect of this important statute is all that it is necessary for us to state. Its provisions materially extend the district over which the judges sitting at the Old Bailey have jurisdiction. They render it necessary that there shall be at the least twelve sessions in the course of the year, thus rendering the delivery of the jail of Newgate more frequent than formerly; and they also give the judges of the Court jurisdiction over offences committed on the high seas, for the trial of which hitherto a Special Admiralty Session had been held. These are the main alterations of the law which are effected; and the experience of nearly six years has shown the operation of the new act to be attended with the most admirable results.

HENRY STANYNOUGHT.

TRIED FOR THE MURDER OF HIS SON.

This melancholy case excited, at the time of its occurrence, almost universal sympathy, as well for the unfortunate victim of the attack, as for the miserable parent by whom that attack was made.

Mr. Stanynought was a stationer in a respectable way of business, residing in Connaught-terrace, Edgeware-road. On the morning of Friday, the 4th of September 1835, his shopman was horror-struck at perceiving his master run down stairs in a state of partial nudity, bleeding profusely from a wound which he had inflicted on his breast with a case-knife, which he carried in his hand. Rushing towards Mr. Stanynought, he at once was informed by him of the death of his son by his hands. An instant alarm was given; and the declaration of the wretched father, that he had killed his son, was found to be true. Mr. Stanynought and his son, aged about twelve years, it appears, had retired to rest in the same room on the previous evening; and in the course of the night the former was heard moving about by his servant. The body of the deceased child presented a melancholy spectacle. It was lying with the face towards the bed, and the poor boy had evidently died of suffocation. There was, however, a deep wound across the forehead, which seemed to have been dealt with some blunt instrument. Mr. Stanynought, upon being questioned, at once declared that the dreadful act had been committed by him. He said that he had long meditated the destruction of both his child and himself, and that he had burned charcoal in the room in which they slept on two nights without effect. On the previous evening he had taken laudanum; and in the course of the night he had struck his son with the boot-jack; but finding his blows ineffectual, he had smothered him with a pillow.

Further inquiry at once elicited the fact that the wretched man was subject to occasional fits of insanity--a malady from which both his father and grandfather had suffered. The apprehension of the same disease displaying itself in his son, appeared to be the sole cause of the dreadful deed which he had committed.

At a coroner's inquest held on Monday the 7th of September, the circumstances attending the death of the deceased were elicited, with the additional fact of the insanity of the father. Proof of this feature in the case before the coroner's jury, however, was unavailing, and a verdict of "Wilful Murder," was returned.

Between this time and the period of his trial, Mr. Stanynought almost completely recovered from the effects of the wound he had committed upon himself. On Friday, the 25th of September, the wretched man was put upon his trial at the Central Criminal Court, when his insanity being clearly proved, a verdict of acquittal was returned upon that ground.

He was therefore ordered to be detained during his Majesty's pleasure, and was subsequently conveyed to a mad-house.

ROBERT BALLS, THOMAS HARRIS, AND MORDECAI MOSES.

TRANSPORTED FOR FORGERY.

The offence of which these men were convicted, was that of forging and circulating an immense number of notes which were forged, but which purported to be genuine notes of the Austrian and Polish banks.

The prisoner Balls was an engraver residing in the neighbourhood of Clerkenwell, and he had been employed by Harris and Moses, both of whom were of the Jewish persuasion, the latter being a native of Poland, to prepare fac-similes of the notes of the Austrian and Polish banks, with a view to the preparation and circulation of forged instruments of the same description. An immense number of these notes had been already put into circulation before the apprehension of the prisoners; and M. Salzman, a cashier of the Austrian bank at Vienna, was despatched to London, from which place it was found the forged notes emanated, in order to take the necessary steps to secure the parties guilty of these fraudulent proceedings. Ruthven and Fletcher, the Bow-street officers, were employed by him to assist him in his inquiries; and in a short time, they succeeded in discovering the connexion of Harris, Moses, and Balls, with the forgeries. Their proceedings were in consequence watched for some time; but at length Balls and Harris were secured on Monday, the 16th of November 1835, at the Star Coffee-house, Crown-street, Finsbury, having in their possession a quantity of unfinished Austrian notes, and the necessary plates and other instruments to complete fac-simile representations of genuine notes. In the house of Harris, in Sadler's-court, Gravel-lane, Houndsditch, other instruments of a similar description, but which had been prepared to print Polish notes, were found, together with evidence which left no doubt of his guilt on both charges. On the 9th of November, Moses was also apprehended at the Strand Coffee-house, near Temple-bar, with a parcel in his possession containing like evidence of his guilt of the crime of forging and uttering notes of the Polish bank.

After several examinations at Bow-street, the prisoners were committed to Newgate, and they took their trial at the following Central Criminal Court Sessions, on Friday the 18th of December. The first case gone into was that of an indictment, which charged Moses, who was described under the _alias_ Marcus Warshaur, Balls, and Harris, with forging and uttering notes of the Polish bank. The evidence was insufficient to support this charge, and they were acquitted. On the following day, however, Moses was tried upon an indictment, charging him with feloniously possessing copper-plates engraved with a fictitious undertaking in the Polish language, to pay the sum of five guilders, (equal in value to 2_s._ 6_d._), and a verdict of guilty was returned, after a trial of several hours' duration. Harris was on the same day tried upon an indictment charging him with uttering forged notes on the Polish bank, and he too was found guilty. On Monday, the 21st December, Balls was also tried and convicted; but further proceedings against the prisoners upon other indictments were delayed, until the opinion of the Judges should have been obtained upon certain objections which were taken to the indictments upon which they had been convicted.

On Wednesday, February the 3d 1836, the prisoners were informed, that the objections taken in their favour were unavailing, and that they had been rightly convicted, and on the 10th of the same month, they were sentenced to transportation; Balls and Harris for life, and Moses for fourteen years.

WILLIAM SUMMERS.

TRANSPORTED FOR LARCENY.

This unfortunate young man was guilty of a very extensive robbery upon his employers, Messrs. Ashley and Co., bankers, of Regent-street. He held a responsible situation in the service of that firm; but in the month of May, 1835, he suddenly absconded, carrying with him a sum of 3240_l._ in Bank-of-England notes, four hundred sovereigns, and 40_l._ in silver. His accomplice in this crime was supposed to be a person named Jackson, a member of the New Police, and notwithstanding every exertion was made to discover their retreat it was without avail, and for a time they succeeded in getting clear off. Nothing more was heard of them until the month of November, when a paragraph appeared in the daily papers, copied from a journal published at Montreal, in which the fact was notified of the apprehension of Summers at Quebec. Handbills describing the persons of the runaways, and also the nature of the property which they had stolen, it appears, were extensively circulated after the robbery; and some of these reached the possession of the managers of the Montreal bank. In the month of September, a young man presented himself at the counter of that bank, and requested money for a 50_l._ note of the Bank of England. The particulars of the note were found, upon comparison, to correspond with those furnished of one of the stolen securities; and upon the person who presented it being questioned, he at length, after some hesitation, confessed that his name was Summers, and that he had committed a robbery upon his employers and had absconded with its proceeds, in company with an acquaintance named Jackson. Upon his being taken before a magistrate of the place he made a confession, of which the following is a copy.

"William Summers being charged on oath before me with having, on the 6th of May last, feloniously stolen a large sum of money belonging to his employers, Messrs. Ashley, bankers, London, voluntarily and freely declared that he was clerk in Messrs. Ashley's employ, and that on the day in question he did abscond with a sum of money, of which the notes now produced were a part; and that for this act, he being desirous of making all the amends in his power, by delivering up notes and gold in his possession, amounting to 1,300_l._, has done so; and further declares, that he had been acquainted with George Jackson (formerly of the Metropolitan Police) for about ten years; that they were in the habit of frequenting gaming-tables together, and that his salary of 36_l._ a year being insufficient to meet his expenses, he was instigated by the said George Jackson to commit the robbery; that George Jackson had said to him, he had ample opportunity of making his fortune; that with the booty he could obtain from Messrs. Ashley they might both go to America and be independent; that he did commit the robbery, and at two o'clock the same day he went to a coffee-shop in Long Acre, and met Jackson there by appointment; that he and Jackson took a private lodging at Dock-head, and remained for about three weeks, when both went to Dublin; that they remained there about two months, when Jackson, during the absence of witness, robbed him of three hundred sovereigns, and 2,015_l._ in notes, and left Dublin, and he had not seen nor heard of Jackson since; that it was agreed between him and Jackson they should go halves; that after Jackson left Dublin, witness took a passage to America, by the name of William Smith, in the Friends, Captain Duncan, in August last; that this statement was carefully read over to the prisoner, and he persisted therein and signed it."

The prisoner, therefore, was committed to jail for safe custody, until an opportunity should occur for his transmission to England.

On Saturday the 26th of December, he was placed at the bar of Marlborough-street Police-office, charged with the robbery, and he exhibited no hesitation in at once confessing himself guilty of the charge preferred against him. He was immediately committed for trial, and on Thursday the 7th of January, 1836, having been arraigned at the Central Criminal Court, upon an indictment charging him with stealing the money from the dwelling house of Messrs. Ashley, he pleaded "guilty."

At the conclusion of the sessions, he received sentence of transportation for life.

The unfortunate man, at the time of his conviction, was twenty-eight years of age. He was the son of respectable parents, who lived in Westminster, and who were remarkable for their religious demeanour. Their son was supposed to be equally devout; and it is worthy of observation, that notwithstanding the offence of which he was guilty, and the irregularities of which he accused himself, a memorandum-book was found in his possession, containing a vast number of quotations from the Scriptures.

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This case is remarkably similar in its nature to one which occurred with reference to a person named Air, a clerk at Messrs. Brooks and Dixon's banking-house, in Chancery-lane. The consequences to Summers, however, were more severe than those experienced by Air; for while the latter succeeded in effecting his escape to America, where he was free from all criminal responsibility for his guilt, the former remained in Canada, exposing himself to the probability of apprehension, and of transmission to England, to suffer the penalty of his crime.