Gaol Returns 1755
Catherine Gardener - convicted of the wilful murder of her female bastard child. Sentenced to be hung and her body to be disported and anatomized.
John Hobbs - murdered Nathaniel Hobson. Sentenced to be hung and then his body to be given to John Page, Bristol Surgeon, for anatomizing 'and let the gaoler, until the time of his execution, confine him to some cell or place separate, or apart, from the other prisoners and no person or persons whatsoever except the gaoler or his servants have access to him without a licence from the judge, the sheriffs, or the under-sheriff and until the time of his execution let him be fed with bread and water only unless he shall be desirous of receiving the Sacrament of the Lord’s Supper...
1761 Catrick Ward - for the murder of Henry Morgan. Body to be anatomized, but first hung in chains as near the place where the act was committed as is convenient at the discretion of the sheriffs.
In 1753 people who uttered 'profane oaths' were usually sentenced to ten days or more in prison, while petty thieves, as often as not, were burnt on the hand. This latter punishment was not entirely confined to the crime of thieving.
On Wednesday was committed to Newgate John Farrel and Paul Griffiths, for stealing two tame fowls, the property of John Ford of Bedminster, Somerset, which were found in their possession within the City and County. The above Farrel is a Gentleman who sometime since married a Lady in this city, having another wife then alive, for which he was committed at the Assizes here, burnt on the hand and imprisoned for one year.
In the same year two barbers were placed in the stocks in Temple Street for shaving on the Lord’s Day.
Sometime in January 1765 Edward Davis, Peruke-maker, was committed to Newgate for stealing 7 ounces of human hair, value 15 shillings, the property of Anne Searle, widow. On another occasion, in 1754, the stealing of human hair caused a perplexing problem to the Justices. As reported in Felix Farley’s Journal.
'The latter end of last week (August 31st) a very odd affair happened in Broad Mead, which we are informed is likely to create great disputes among the Gentlemen of the Law. The Master, finding his servant girl asleep on the bed (she having been brewing the day before) took the opportunity, with the assistance of a pair of scissors, to disrobe her of THAT which modesty forbids us to name.
But not satisfied herewith, he took his spoil to a peruke-maker and desired ‘to know whether it was fit for his use; at the same time telling him where he had stolen it from. That the barber not be unknowing of the quality of the commodity. The magistrates have had a heavy time of it, but how it will end we cannot determine'.Up to at least the year 1782 the punishment was extremely cruel and severe for the crime of poisoning. On May 9th 1765 Mary Norwood was burnt at the stake for poisoning her husband, Joseph.
The incident, quoted here, emphasises how such occasions were a source of entertainment for the general populace.
She was brought out of prison about three of the clock in the evening, barefoot. She was covered with a tarred cloth, like a shift, a tarred bonnet on her head; and her legs, feet and arms had likewise tar on them. The heat of the weather melting the tar on her bonnet, it ran over her face so that it had a shocking appearance.
She was put on a hurdle and drawn on a sledge to the place of execution which was very near the gallows. After spending some time in prayer and singing a hymn, the Executioner placed her on a tar barrel about three feet high; a rope (which ran in a pulley through the stake) was fixed about her neck, she herself placing it properly with her hands; this rope being drawn extremely tight with the pulley.
The tar barrel was then pushed away and three irons fastened around her body (to confine her to the stake so that it did not drop down when the rope burned through) - as soon as this was done the fire was kindled, but in all probability she was dead before the fire reached her as the Executioner pulled on her body several times whilst the irons were fixing, which was about five minutes.
There being a great quantity of tar and the wood in the pile being quite dry, the fire blazed with quite amazing fury. Notwithstanding which, the great part of her body was barely discerned for near half an hour. Nothing could be more effecting than to behold, after her bowels fell out, the fire flaming between the ribs, and issuing out of her ears, mouth eye-holes etc.
In short, it was such a terrible sight that great numbers of the crowd turned their backs and screamed out, not being able to look at it.
Throughout the ages there has been a quirk of human nature which desires that the senses should be shocked by scenes such as this. The Roman Circus, public executions and, in contempory times, the more sedate 'horror' film, have all fulfilled this purpose.In 1770 suicides were treated after death in very much the same way as highwaymen with regard to burial.
In January of this year Felix Farley’s Journal reports that the body of Alexander Griffiths, who had hung himself in the Carthouse in Temple Backs, 'was buried in the crossway upon Totterdown Hill and a stake drove through the body'.
A rumour circulated that a woman who had kept company with Griffiths had sold the body to a surgeon for dissection. The mob, which had assembled on Totterdown to witness the burial ceremony, rioted when the cart carrying the body arrived, throwing dirt and insisting the coffin be opened to confirm that the body was there. The officers were obliged to comply with this bequest in order to dispel the crowd’s erroneous conviction.
The unusual feature about this report is the act of driving a stake through Griffiths’ body, an action usually associated with the legend of vampires. There is no evidence to associate Griffiths’ background with anything so unusual and the use of the stake, while appearing unorthodox, must have had some significance to the people of the day.
Apart from the normal crimes of the period some people practiced deceit upon the general public by begging. Felix Farley’s Journal reported these two instances.
November 1756
'One day this week a lusty vagabond fellow pretending to have a lame hand begged alms of a Gentleman at Bedminster who, suspecting him to be an imposter, desired that he might see it. But he refused, telling him the wound was across the sinews and opening it would be to the greatest prejudice, but the Gentleman persisting, a skirmish ensued. By assistance coming he was immediately secured and, upon examining him there was found tied up in the tail of his shirt, £13 upwards, besides several shillings in halfpence - on which he was committed to gaol'.
February 11th 1775
'A woman has for some time infested the streets in the neighbourhood of this city (Bristol) and who has endeavoured to impose on the humour and charitable inhabitants, by the following artifice.
When she goes to a house she desires to speak to the mistress of it, to whom she gives a long detail of her pretended misfortunes and, the more to excite compassion, throws open a ragged cloak and shows her body naked to the waist. She puts on the clothes given to her immediately and with many high professions of gratitude, thanks her benefactress. But as soon as she gets out of sight strips it off and goes to another house and appears in the same naked condition as before she was relieved.
This plausible cheat has been attended with such success that she has been known in one day to have collected 17 or 18 shifts. It is much to be wished that this intelligence will be the means of preventing others from being deceived by this infamous imposter'.
Another more subtle fraud was practiced by a woman in 1779. She would follow a gentleman from his house to that of another and then return to his house, persuading the family that the head of the house had sent her to fetch his cloak (it being inclement weather). She then made off with the article.
The most common haunts of highwaymen and footpads were in the Knowle and Bedminster Down areas of Bedminster. On Saturday January 24th 1784 Richard Hunt, a farmer of the parish of Bedminster was assaulted and robbed by Thomas Phillips and Richard Randall of a watch and two cases, value £4. Randall pointed a pistol at Hunt’s head.
On April 10th 1784 Randall was executed at Totterdown (the scene of his crime) while Phillips, whose own trial for the same crime had been delayed through the prisoner’s illness, was tried at the Wells’ Assizes the following July. No record could be found of his sentence which, one would assume, was similar to that of his accomplice.
The sentence of hanging did not deter footpads in the Knowle area for in November 1784 Mr Fisher, belonging to Knowle Turnpike, was robbed near Totterdown of his watch, two guineas and some silver.
On December 11th 1784 a gentleman and a lady were reported as being robbed near where the old prison stood at Knowle.
Age and youth were of no consequence when a thief was caught. On April 2nd 1785 Joseph Hare, aged twelve years, was sentenced to death for robbing his master, Mr Thomas Coles, of £36.
The Rev. J. Collinson (now well-known for his 'History of Somerset') when returning from Bristol to his home at Long Ashton, was stopped by an assassin in Rownham Lane who attempted to seize the bridle of his horse. After a struggle, during which the Rev Collinson used his horse-whip on the man, the former managed to break away. As he rode off the attacker discharged his pistols after him. Fortunately he missed, otherwise Somerset’s most famous historian would have been denied his future fame and posterity his knowledge.
The advent of the Bristol Fair attracted gangs of thieves from as far afield as London. These usually lived on the outskirts of the city and a report of 1778 suggests that such a gang was responsible for the robbing of two gentlemen in a past chaise, which was stopped by them one evening at the top of Totterdown hill.
In the early years of the 19th century punishments for what would now be termed minor crimes, appear to have been excessive.
The term 'Appear' is used because while a report may give the crime committed and the resulting punishment, it does not always state whether, or not, the accused was a habitual criminal. On the other hand, certain crimes were related to a standard punishment, irrespective of whether the offence was one of many, an isolated act influenced by hunger, or sheer desperation.
A broadsheet of April 4th 1818 lists the succeeding cases:
James Brown - alias Gittens - for returning from transportation before the expiration of his time. Death.
John Gorton (alias Gardener) and George Stokes, for assaulting and robbing Susanah Mechelen in the parish of Bedminster and putting her in bodily fear.
Gorton acquitted. Stokes - death.
Similarly in the Quarter Sessions List of April 20th 1818.
John Jones - for stealing a pocket handkerchief - transportation for life.
John Smith - for stealing bread and cheese - 1 months imprisonment.
Thomas Priest - for stealing a clarionet -7 years transportation.
The state of prisons up to the Howard Reform was atrocious, so much so that even at a time when living conditions below decks in the British Navy (as so well described by Smollett in his 'Roderick Random') were an assault upon the senses, men still preferred to leave prison and join the Navy.
The Bristol Quarter Sessions Records of 1792-93 contain the following receipt for prisoners taken into the Navy from prison.
Received 28th March 1793 from Mr William Driver, Keeper at His Majesty’s Gaol of Newgate in the City of Bristol, the bodies of Timothy Callahan and Benjamin George, they being permitted by the magistrates to enter into His Majesty’s Royal Navy.
Joseph Botger Midshipman for Lt. C.T. Heighington.
Method of Punishment
Branding
Convicts who successfully pleaded , and those found guilty of manslaughter instead of murder, were branded on the thumb (with a 'T' for theft, 'F' for felon, or 'M' for murder), so that they would be unable to receive this benefit more than once. The branding took place in the courtroom at the end of the sessions in front of spectators. It is alleged that sometimes criminals convicted of petty theft, or those who were able to bribe the executioner, had the branding iron applied when it was cold.
For a short time, between 1699 and January 1707, convicted thieves were branded on the cheek in order to increase the deterrent effect of the punishment, but this rendered convicts unemployable and in 1707 the practice reverted to branding on the thumb. It is possible to search separately to find those sentenced to be branded on the cheek.
Branding was abolished in 1779.
Burnt at the Stake
Women found guilty of either treason or petty treason were sentenced to be burned alive at the stake, though it is thought that merciful executioners sometimes strangled women with a cord before lighting the fire.
Burning at the stake was abolished in 1790.
Death with Dissection and Hanging in Chains
An act of 1752, 'for better preventing the horrid crime of murder', dictated that those found guilty of murder and hanged should then be delivered to the surgeons to be 'dissected and anatomised' or hung in chains. By increasing the terror and the shame of the death penalty, this was meant to increase the deterrent power of capital punishment.
The Pillory
People convicted of notorious crimes such as attempted sodomy, seditious words, extortion, fraud, and perjury were punished publicly in the pillory as a way of destroying the reputation of the convict and signalling public distaste for the crime. Up in busy streets or open spaces,where crowds could easily gather, the culprit (most were men) was placed on a platform with his arms and head placed through holes in the wooden structure. He was normally required to stay there one hour.
The pillory turned so that crowds on all sides could get a good view, and the crowd expressed their disapproval of the offence by pelting the offender with rotten eggs and vegetables, blood and guts from slaughterhouses, dead cats, mud and excrement, and even bricks and stones.
Some died from the abuse, despite increasing efforts by constables to protect the convict, by forming a ring around the pillory.
In some cases of seditious words, however, the crowd applauded the convict, pelted him with flowers, and collected money to present to him after his release.
Approximately five to ten people a year were punished in this way in Bristol, but concerns about disorder and the subversion of the purpose of the punishment meant that after 1775 few people were pilloried for riot, seditious words, or any felony.
An 1816 statute restricted the pillory to perjury only and the punishment was abolished in 1837.
Transportation
Transportation had been used since the beginning of the eighteenth century to rid the English of their prisoners. Usually, convicts were taken to the British colony of America, but the American War of Independence (1775–1783) changed all that forever. The Americans no longer wanted to be a part of the British Empire, and were willing to fight for the right to govern themselves.
America won the war, and its new government told Britain not to send any more white convicts. The Americans preferred to use black African slaves to do the work.
England had to do something soon about the overcrowded jails. A short-term solution was found. There were some old, disused ships known as hulks moored in the Thames River that flows through London, and at sea-ports on the south coast of England. It was decided that these would become floating jails. Convicts would eat and sleep on the hulks, and be taken to work on the land every day.
While the hulks steadily filled with prisoners, the government tried to decide which of Britain’s colonies could support a penal settlement, which is an isolatedcommunity of convicts set up especially for the purpose of punishment.
The west coast of Africa was a possibility. So was Australia: the great southernland that no one knew very much about. West Africa was the favourite option.
Because it was closer to England it would be cheaper to transport people there. The site was explored, but it was found to be unsuitable.
By 1785, living conditions on board the hulks were getting worse. Almost a thousand more convicts were being added to the floating jails each year. In 1786 there was a rebellion on one prison hulk — eight convicts were shot dead and 46 wounded. Lord Sydney, the Home Office Secretary, made the final decision. A penal colony would be established at Botany Bay.
Whipping
Offenders (mostly those convicted of petty larceny were sentenced to be stripped to the waist and flogged 'at a cart's tail' along a length of public street, usually near the scene of the crime, 'until his (or her) back be bloody'.
Publicity was traditionally an essential feature of this punishment, but occasionally even in the late seventeenth century the courts ordered that the punishment should be carried out in prison or a house of correction rather than on the streets.
From the 1720s courts began explicitly to differentiate between private whipping, which took place inside or immediately outside Newgate Prison, a house of correction, which was carried out in the traditional way.
(after having been in decline since the 1770s) Whipping in public of men ended in the 1830s.
Buried at the crossroads
Not so long ago, the gallows where condemned men were soon to die were built at the crossroads. Suicides and victims of murder were buried at the crossroads as well. This was done so their restless souls wouldn't wander around seeking revenge upon those who harmed them in like.
Some believed it was the power of the Christian cross, as symbolized by the crossroads, which protected the living from vengeful acts of the murderous dead. But legends of the crossroads are much older than the Christian cross, so who's to say.
Hanging
Most defendants sentenced to death were to be hanged outside the old city walls. Execution was a public spectacle, meant to act as a deterrent to crime: convicts were drawn in a cart through the streets from Newgate, and, after they were given a chance to speak to the crowd (and, it was hoped, confess their sins), they were hanged, surrounded by huge crowds.
The convict was placed in a horse drawn cart, blindfolded, had the noose placed around his/her neck, and then the cart pulled away. Until the introduction of a sharp drop in 1783, this caused a long and painful death by strangulation (friends of the convict often helped put them out of their misery by pulling on their legs).
After the execution there were sometimes struggles for possession of the corpse between assistants to the surgeons, who wanted it for teaching anatomy, and friends of the convict, who wanted to give it a proper burial.
As a form of judicial execution, hanging in England is thought to date from the Saxon period, c. 400 AD, although it had earlier been used in the Persian Empire. British hangmen are recorded from Thomas de Warblynton in the 1360s, with complete records from the 1500s to the last hangmen, Robert Stewart and Harry Allan who conducted the last British executions in 1964.
Some of the most serious offenders were hanged near the place of their crime, as a lesson to the inhabitants of that area. Others were punished by more brutal punishments.
Drawn and Quartered
Men found guilty of treason were sentenced to be drawn to the place of execution on a hurdle, hanged, cut down while still alive, and then disembowelled, castrated, beheaded and quartered. It was alleged that merciful executioners allowed men to die on the gallows before being dismembered.
This punishment was rare during our period, but occasionally those convicted of coining and petty treason were sentenced to be drawn on a hurdle only, but not quartered.
