Crime and Punishment from Burke's Register, December, 1778

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There's so much bad in the best of us, and so much good in the worst of us, that it little behoves any of us, to say anything about the rest of us Source:Johnson, 1938

We didn't start the fire It was always burning Since the world's been turning Billy Joel, 1989

Source

Edmund Burke, 1778, Annuaol Register.

Extract

DECEMBER.

A This evening the young princess was baptized in the council chamber at St. James's by the Archbishop of Canterbury, by the name of Sophia. There was a great number of the nobility present, j The report was made to his majesty in council of the convicts under sentence of death in Newgate, when the three following were ordered for execution on Friday, the 12th inst. viz. Morris Geary, Sarah Ellison, and Benjamin Russen. The following were respited during his majesty's pleasure, viz. James Anderson, Nicholas Rider, William Leveridge, Robert Col lins, Michael Cashmin, Henry Parkinson, Thomas Antibus, Thomas Tilling, George Johnson, and John Smith, alias Smithwaite, for privately stealing. His majesty was also pleased, a few days afterwards, to respite the execution of Sarah Elison during his pleasure.

Was tried before Lord , Mansfield in the court of the King's Bench, a remarkable cause, the first of its kind, Cabrier against Anderson, for putting his (Cabrier's) name to five watches made by the defendant, and thereby hurting the reputation of the plaintiff. A verdict was given for 100I. being 20I. for each watch, agreeable to an act of parliament of William III.

This night's Gazette contains a list of vessels seized as prizes, and of recaptures made by the American squadron, between, the 27 th of May and 24th of October, 1777, according to the returns received by Vice-Admiral Lord Viscount Howe. The total number of prizes 118, recaptures 13. Signed by Lord Howe.

The sessions ended at the Old Bailey, when the following prisoners were sentenced to death: viz. John North, for stealing a gelding; John Gahagan,for breaking into a house at Mary-bone, stealing a 20I. bank-note, three guineas, eight half-guineas, &c. William Borden, for a burglary in the dwelling house of Mr. Colley, at Shoreditch, and stealing lace and millinery goods to the value of 30ol. T. Field, for a burglary in the house of Mr. Whitehead, grocer, in St. John's-street, and stealing some notes and 50I. in cash; Morgan. Morris and Benja min Johnson, for breaking open some stables in Chiswell - street, and stealing several bridles, four saddles, and a horse-cloth; Wm. Pollard, for breaking and entering the house and apartment of Richard Longworth, in the Old Bailey, and stealing a black silk mode cloak, and other apparel; and Francis Mercier, otherwise Louis de Butte, for the wilful murder of Monf. Moudroit.

When Mercier was brought into court, on being asked, whether he was guilty or not guilty? he appeared so stupified, as not to be able to make any answer. The question was repeated several times, but without effect: Judge Aston then ordered the act to be read, which enables the court to pass sentence when prisoners refuse to plead; a jury was therefore impannelled to try whether the prisoner was obstinately mute, or mute by the visitation of God. One witness proved that on Thursday night he was with the prisoner some time; that he understood English pretty well; that he then conversed with chearfulness, and did not seem unable to take his trial. The next witness was justice Gretton, who proved thit the prisoner both spoke and wrote English; the third witness was one of the gaoler's servants, who proved, that as they were bringing him from Newgate, he heard him speak, and say he would not sit. A surgeon also examined the prisoner, who said there did not appear to him any cause why he could not speak. Judge Aston then summed up this evidence to the jury, when they gave their verdict, that the prisoner was obstinately mute, and not by the visitation of God; then the judge proceeded to pass sentence, that he should be hanged next Monday, and his body to be anatomized; he was then taken out of court, and after the next trial was over, Mr. Akerman acquainted the court that Mercier was come to his fenses, and desired to speak to the court; he was therefore broughtin again,and then appeared sensible, though weak; his request was, that his sentence might be respited for some time till he could repent of his crime, andprepare for death; this could not be complied with, and he was remanded accordingly.

Abraham Adams and John Foote were convicted of killing and slaying Elizabeth Jefferies, at Bethnal-green, on the 5 th of November last, by firing a pistol (at a bonfire), the wadding of which wounded the child in the side, and occasioned its death. William Wynn, a postman belonging to the General Post-office, was tried for feloniously stealing, on the 7th of October last, from out of a letter directed to the Hon. Lady Mary Forbes, at Margate, ten bank post bills, payable to the Hon. John Forbes, value received of John Lamb, of Golden - square, Esq; lettered, marked, and numbered, as stated in the indictment. The indictment was not laid capital, but he was found guilty. Fourteen were sentenced to hard labour on the Thames for three years; ten to hard labour in the. house of correction, three of whom are for five years, and seven for three years; 31 branded, and committed to the house of correction for different terms; five branded, and imprisoned in Newgate; 5 to be whipped; and 42 were discharged by proclamation.

J. Holmes, the grave-digger of St. George's, Bloomfbury, Robert Williams, his assistant, and Esther Donaldson, were indicted at the Guildhall, Westminster, for a misdemeanor, for stealing the dead body of Mrs. Jane Sainsoury, who died on the 9th of last October, and was buried in the burial place of St. George's, Bloomfbury, on the Monday following. On this occasion Mr- Sainfbury was under the painful necessity of appearing to identify the remains of his wife. Holmes and Williams were found guilty on the clearest evidence; but nothing being proved against Donaldson, (he was acquitted. The sentence of Holmes and Williams was six months imprisonment each, and each to be publickly and severely whipped twice, in the first and last week of their imprisonment, from Kingsgate-street, Holborn, to Dyotsireet, St. Giles's, which is full half a mile. The latter part of the sentence has been since remitted by his majesty, as it was apprehended that the mob were so irritated against them, that their lives might be endangered by its execution.

A very extraordinary affair became the subject of investigation upon the trial of an appeal at Guildhall, Westminster. A man lived with his wife 23 years, in the course of which he had eight children by her. On a sudden he was struck with the personal qualifications of another female, whom he courted; and in order to gain full possession of his charmer, this dotard instituted a suit of jactitation in the commons, under a colour ihat his marriage being in the Fleet, was unlawful, consequently Bull and void, though it took place before the act to prohibit their taking effect in point of law; the consequence was, what the man foresaw and relied upon: The woman, unable to support the very heavy charges of a defence, was forced to give a tacit acknowledgment of her husband's allegations, and of course the ecclesiastical court pronounced the man free to marry again. He then had obtained his wishes, and takes by the hand his beloved object, and abandons his first wife, who, with four fine children, in course fell upon the parish. A very interesting argument ensued between the counsel, how far the sentence in the commons should operate against the testimony of the first wife. On one side it was insisted, that the judgment was much more than sufficient t6 overturn her evidence, for there were not only the allegations, but other proof to combat the testimony now given. On the contrary, a comparison was made of this case with that of a certain noble lady, where the sentence was procured by collusion, and therefore not binding, or operative in any other court whatsoever. Sir J. Hawkins and the whole bench concurred in the latter opinion, and expressed themselves warmly against the hufband, who, to the astonishment of all present, appeared at the side of the council that argued in defence of the civil decree. Sir John wished, he said, that the court had been impowered to throw the whola expence upon the husband, who had acted the character of a villain with so much composure. He strongly recommended an indictment against him for bigamy, which the attorney for the parish undertook to prosecute,