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From the Kentish Gazette 14 August 1838.
THE COURTENAY RIOTS.
(Full
account found from this link. Paul Skelton)
Lord Denman took his seat at nine o'clock precisely on Thursday
morning, and the prisoners Thomas Price and William Meats otherwise
Tyler, were immediately placed at the bar, and the indictment read
over to them, in which they were charged, on the Coroner’s
inquisition (together with one John Thom, alias John Nicholl Thom,
alias Sir William Courtenay, now deceased), with the wilful murder
of Nicholas Mears, at the Ville of Dunkirk, on Thursday, the 31st of
May last.
The prisoner Tyler, who is described in the calendar as 20 years of
age, appeared rather younger. He was dressed in a sailor's jacket,
bluet waistcoat, and dark trousers. He is a man with a fair
complexion, auburn hair, light whiskers, blue eyes, a slight and
graceful figure, end features which, though irregular, are not
unprepossessing. His countenance is expressive of decision and of
susceptibility of feeling which one may readily associate with
enthusiasm and religious fanaticism; but there is nothing in his
face that indicates a cruel or sanguinary disposition. The other
prisoner, Price, was habited in a working dress. His age was stated
in the calendar at 30. He is a hard-featured person, but though
coarser and more common-place looking than his fellow-prisoner,
there was nothing in his appearance or demeanour that would lead a
bystander to ascribe to him any particular ferocity of character.
The Hon. Mr. Law, Mr. Sergeant Andrews, Mr. Bodkin, and Mr. Channell,
conducted the case for the prosecution and Mr. Shee and Mr. Deedes
appeared for the prisoners.
The jury having been sworn, The Hon. Mr. Law stated the case to the
jury. He began by saying that he should be obliged to direct their
minds to the scene of the murder of Mears. He did not think there
would be the slightest difficulty as to the law. The only question
was, whether the prisoners were aiding Thom, for he should prove
clearly that the intention of Thorn was a violent resistance of the
law. He entered into a history of the transactions in which
Courtenay was engaged, all of which are familiar to our Kentish
readers. The means which this person Courtenay employed were
calculated to work on the sordid feelings if his followers, and
whatever the state of mind this person was, the steps he took were
well calculated to obtain his object, his addresses all favoured the
intended object of his resistance to the authorities. They were
always of this nature — "Come on, men, no harm shall attend you." It
would be for the jury to consider whether this latter observation
intended to convey that a general impunity would attend their acts,
or that nothing would happen to them on the day when this address
was made. When these large bodies of men were traversing the
country, it became necessary for the authorities to interfere.
Courtenay, a man of a line and imposing figure, led this band of
men, armed with pistols, and having a banner with a picture of a
lion, which he used for the purpose of strengthening the minds of
his followers, whose passions he excited by telling them that "the
day was now come when the blow must be struck, and the rights of the
poor, so long in abeyance, vindicated." These speeches were
generally made to about forty persons; and a secluded house,
belonging to a person named Culver, was selected as the place where
his followers met, and where he delivered his harangues. He would
call before them witnesses to prove that the prisoners were present
and assisting on many days previous to the murder of Mears. In order
to show the motive of Courtenay, he declared, on being told that a
constable would take him, that he was ready for such an attempt —
and that he would try his arm with him, and mow him down like the
grass. A very important announcement was made by Courtenay on the
Monday previous to the Thursday, namely, that nothing should be done
on that or the two following days, but that on Thursday the blow
should be struck — that Thursday being the day on which the murder
took place. Soon after six o’clock, when the constable appeared with
warrants issued on the representations of Courtenay’s proceedings),
at the house of Culver, where Courtenay's followers were assembled
one of the prisoners, Price, on being accosted said, "Here come the
constables;" and the other (Tyler alias Mears) went to the window,
and announced to Courtenay the constables were come. Courtenay said,
"Are they here?" The reply was, "Yes they are." Courtenay came out
armed, and Tyler said to the constable, "Step forward." Mears having
been asked by Courtenay whether he was the constable, and having
answered that he was, was instantly shot by him. Courtenay then drew
his sword, and lay in pursuit of the high constable; but having
tripped he returned to the wounded man, and again shot him, and he
directed the two prisoners to throw him in the ditch, which they
did. One of the most revolting circumstances attending this case
was, that after having committed this barbarous murder the whole
party returned into the house and had breakfast. Having minutely
dwelt upon all the circumstance attending Mears's death, the learned
counsel proceeded to observe:— It is quite possible this person
Courtenay may have been partially deranged, but if he had sense
enough to adopt such means to an end as were calculated to effect a
nefarious purpose, he was clearly amenable to the law. If in your
judgment such acts were proved as showed a consciousness of the
distinction between right and wrong, and that he was capable of
adopting means to the prosecution of a criminal object, it is not
any degree of insanity — it is not even a great degree of insanity
which would relieve him from conviction if he were this day on his
trial for murder. The law, in its salutary strictness, knows no
degree of insanity which is sufficient to exempt a person guilty of
criminal acts from punishment, except it amounts to a want of power
to distinguish right from wrong. It is not in these nice and golden
scales that the law tests unsoundness; for a lunatic is accountable
for the acts which he commits in a lucid interval. This person
Courtenay might have been tainted with insanity, and yet not be
deprived of the sense which should dissuade him from committing an
immoral and guilty act. If, therefore, he were now before you, he
would, in my bumble judgment, be responsible for what has been
charged against him as his act. But, for the purpose of argument,
suppose that he was not amenable to the law, yet if, as a physical
agent, the prisoners communicated and cooperated with him —if they
stimulated and encouraged a madman — they are answerable for the
deeds which he commits. If, knowing that a murder was to be
perpetrated, or a violation of the peace to be committed, the end of
which might be the loss of life, a party submit himself to the
dictation of a person of unsound mind, or countenanced or encouraged
such an individual, he becomes a principal in the crime of which he
may be guilty. If yon went the length of reducing this alleged
insane person to the insensible character of a mere instrument, they
who employ it are accountable for its me. I have felt it my duty to
lay the state of the law before you, because the most mischievous
consequences may follow from its misapprehension. There is another
view of the case which may, to a certain extent, be supposed
favourable to the prisoners, and that is, that the acts of this
person were so extravagant as to produce an impression that he had
no settled purpose; but here the question immediately arises, if
they thought him insane why should they identify themselves with his
acts, and place themselves under his direction? If you disbelieve
the facts — if you distrust the witnesses — if on the general aspect
and complexion of this affair there arise a just and reasonable
doubt as to the guilt of the prisoners — it will not only be your
pleasing, but a bounded duty to give them the benefit of it. The
case I have laid before you is of an importance to demand the
closest attention at your hands. The consequences in which your
possible decision will involve the prisoners, call for the exercise
of the utmost caution. On the one hand you must stand between them
and the charge, as far as your conscience will permit; on the other
hand, if you are convinced they are guilty, you will, I am sure,
firmly and faithfully discharge your duty to the public. One word
before I sit down as to the conduct of the prosecutor. Mr. Curling
was bound over by the coroner to prosecute, but the importance of
the case was such that he felt bound to communicate with the
Home-office, and to put the first law officer of the government, the
Attorney-General, in possession of the facts. Inconsequence of the
information which that learned gentleman obtained, and of an
application to the Secretary of State, it was felt by the government
that, though they did not send their own officers, the burden of
this prosecution ought not to be thrown on the parish where the
alleged murder occurred, but defrayed out of the public funds. I
thought it right to make this statement lest I should be considered
uncandid in appearing to act for one party, whilst another was in
fact my client. This is the plain truth. Those who have been
instructed to prosecute have nothing to conceal, and the government
have only done their bounden duty in seeing that this charge
underwent a full and strict inquiry.
James Gorham, examined by Serjeant Andrews, lives at Boughton, in
the service of Colonel Groves. Is constable of Boughton and
Hernehill. Knows the prisoners. Price, in May last, lived at
Boughton-street; he is a labourer. Knows Mears; he was called at
times Tyler Mears. On Sunday, 27th May, in the morning, witness was
within a quarter of a mile of Wills’s house. Had left his home about
ten. Knew Courtenay; he went through Boughton the same morning,
leading his horse. There was a light fur skin over the saddle.
Courtenay was dressed in a dark shooting coat; he appeared comming
from the direction of Boughton Hill, as if from Bosenden. There is a
road leads from Bosenden house to the high road, called Bosenden-lane.
Saw Courtenay again about seven o’clock in the evening; he was
coming as if from Hernehill to the Ville of Dunkirk; he was on foot,
accompanied by Tyler and Wills. They crossed the road towards
Kennett's cottage. He (witness) being sent for to the "Red Lion."
passed near Kennett’s house. There was a large congregation of
people there, over 100. Went to see what was the matter, and saw
Courtenay addressing them. Did not recognise any one of those
present. Courtenay said, "all were to go to work on Monday, and on
Tuesday they were to meet him." The company consisted of men, women,
and children. Courtenay passed the "Red Lion" with about 30 or 40
persons, whilst witness was there, and turned as if going to Bossenden-house. Wm. Culver is the occupier of the house. Witness
spoke of what he saw to Col. Groves. On Tuesday saw Courtenay about
eight in the morning; he had five persons with him; they passed his
(witness’s) house. Thomas Brown led Courtenay’s horse, a grey one.
Witness gave certain orders to a young man named Payne. He (witness)
went to Bosenden house that evening. Was at the side of it; saw
nobody; remained there all night; and on Wednesday morning Courtenay
came out of Culver’s with a drawn sword. He walked about the meadow
quietly; he did not see him (witness). Saw Courtenay again a little
past two, coming out of the back part of the house. He then had on a
gaberdine and belt, which he called a shepherd’s dress. He had about
30 or 40 men with him; they appeared to come out of the yard; they
proceeded down Bosenden-lane, and on passing Wm. Branchett’s house
they knocked at his shutter. Some one said, "Branchett, do you see
it smoke." Saw Courtenay again on Thursday, at ten o’clock in the
morning, on Dargate Common, about two miles from Culver's house. He
had upwards of 30 with him at that time.
Cross-examined by Mr. Shee:— Has been two years a constable. Had
known about six weeks previously that Courtenay had been at Boughton.
When witness first saw Courtenay, he was in Boughton-road with
another person. He had large moustachios, a long beard, and his hair
was parted over his ears. Saw Courtenay after his death; did not
particularly notice how his hair was dressed then.
By the Judge:— When I once saw him with is hat off, his hair was
parted.
Cross examination continued:— Knew Nicholas Mears. The deceased and
prisoner Tyler were cousins. They were often together, and on kind
and friendly terms.
By the Judge:— Nutting told him that Nicholas Mears was killed. The
witness took Nutting into custody.
Elizabeth Blunder, examined by Mr. Bodkin:— Lives at Boughton-street.
On the evening of the 27th May went to Kennett's cottage. Many were
going, as it was said Courtenay would make a speech. About 100 were
there. Went into the wash-house, which communicates with the front
room. Courtenay was there. A great many were round the door. This
was about five. Staid an hour.
Cross-examined by Mr. Shee:— Had seen Courtenay in the winter time.
He had a large beard.
Wm. Branchett, examined by Mr. Chaneell:— On the 29th May was living
at Boughton. Knew Courtenay. On the day above named he was near
witness’s house, in the road. Had four men with him. They spoke to
witness, and he followed the party. Thomas Price had charge of the
horse. Passed Mrs. Palmer's, a grocer, where Courtenay purchased
four gallon loaves and some cheese. At Mr. Smith's, a baker’s,
Courtenay had a quart loaf and half-a-gallon loaf. They went to
Staple-street, it leads to Fairbrook. Wills’s house is at Fairbrook;
the party went in there. Saw Tyler with the party before they got to
Wills's. There were about 15 or 20. Tyler fetched some beer by
Courtenay’s directions; Courtenay paid for it. The beer and bread
and cheese was divided among the party. Saw Price at Wills’s; he
went after the party had arrived there. Staid there an hour or more.
In the road Courtenay had on a velvet coat and pair of dark trowsers.
At Wills's, on the party assembling outside the house, there was a
white flag edged with blue, with a lion on it. Wills carried it.
There was also a pole with a loaf of bread on it. Price carried it.
Some person remarked, there's bread before us. Courtenay said, "If
you will follow me then, you will perhaps see more; but I will
assure you you shall have more, for I will give you more." Courtenay
said, "this is the 29th of May. I am going for a jubilee; any who
will go with me, who has no work, I will till their bellies with
victuals and drink. I assure you no harm shall be done." He altered
his dress now; he had on a cloth gaberdine. He had two leather bags
with him, and a blue bag. A dagger or sword was by his side; a bugle
hung at his neck. Wills, Geo. Branchett, and Price carried the bags.
They went towards Faversham; witness accompanied them. Courtenay
blew his horn in front of Wills’s. [The flag was here produced.]
They stopped at the "Horse Shoes." Tyler was leading the horse;
Courtenay said to him, "Tommy, you go to Graveney church, and stay
till I come to you." Tyler went, and the party proceeded to a field.
Shortly afterwards Courtenay separated from the main body with four
others. Saw Courtenay with a pistol, which his fired as they were
going from Gravenev church. He re-loaded it; could not see with
what. Price was with the party. They went to Wateringham, to
Hadlow's house. Courtenay and both prisoners were there. They had
now more in company than when they started. Tyler spoke to Courtenay
and said, "I heard a man say the other night you were a fool and a
madman, and he should not mind helping to take you." Courtenay said,
"If any one comes to take me now I’ll slay them; I shall try my
hands. I am come for no harm, only a day’s pleasure for those men
who are out of employ, and want victuals and drink." He had a pistol
in his hand, which he drew from a case and said, "If they do come, I
will cut ’em down like grass." There was a candle on the table, and
he said of it, "I will venture I could blow the snuff of that candle
off as far distant as the pistol could shoot." Knows Wm. Stephens,
of Herne; he was in the room, and could hear what passed.
Cross-examined by Mr. Shee:— In Boughton-street Courtenay asked him
if be would have a slice of bread. Had only seen Courtenay once
before, and that was previous to his going to the Asylum. Had heard
him enter into religious discourse. He cautioned the men from
swearing, they would gain nothing by it. He left off swearing on
that account, and advised them to do the same. Thought he was well
versed in the Bible. Only heard him call himself Sir Win. Courtenay.
Never heard him say he was the Shepherd, and they were his lambs. He
asked the party if they would like a hymn as they went along; they
sang a hymn three times; it was, "Whilst shepherds watch their
flock? by night." Had heard it sung at the Wesleyan Chapel.
Courtenay joined. When finished, he asked them how they liked it.
His manner was pious and devout. He appeared at times a man of good
understanding. He showed his party a Bible, and said he hoped they
would all follow it, as he intended to do. In speaking to the party,
be did not call out very loud, nor use much gesture. Witness was
born and bred in Boughton; there was no school when he was a lad; he
could not write or read. He had a family. Had books in the house;
the Common Prayer and Bible. His children went to school.
The Judge objected to this description of inquiry, and the Council
sat down.
Alfred Payne, examined by Mr. Law:— Is a harness maker residing near
Canterbury. Was at work at Col. Groves’s on tba 29th May. Went down
the street to observe Courtenay, in consequence of what Gorham said
to him. Saw the party at a baker's shop. Watched them to Fairbrook.
Went to Wills’s with them; both prisoners were then. Tyler not only
heard what Courtenay said, but he took him aside to talk to.
Courtenay asked witness if he was out of work, and said, that this
was 29th of May; there should be greater cause to recollect the
events of that day, than there had been in the time of King Charles;
that no one knew who he was; that he fell from the clouds, and was
not like an earthly being. If required, he would with his right arm,
at a swing, slay 10,000 men; and he would go away in an instant, and
no one know any more where he was gone to than where he came from.
They then had some beer. Courtenay gave the health of the Poor." Mr.
Francis was going across the field at the moment, when Courtenay
said, "There goes one who ought to be topped first. He is afraid to
come near. He wants to know who wrote some papers. He will know, but
will not be able to give an account of them afterwards." Saw a loaf
on a pole. Wills had a flag, similar to the one now produced.
Courtenay had on a Mackintosh cost; had a belt, two pistol cases,
and a pistol in one, a sword, and a bugle. He told them to fall into
threes, as soldiers, and have hearts as fierce as that lion,
pointing to the flag. He called Wills and two or three others. He
said, "You that have a mind, follow me; and you that have not, leave
me." He said to the man named Wills, that he wished him to keep a
good generalship over those he was going to leave for a short period
behind. They went in the direction of a bean stack. There was a
murmuring among the men, that he was going to fire the stack. The
general said, "Wait and see." Courtenay on his return said, "Now I’m
going to strike the bloody blow. The streets shall flow with blood,
and the rich and poor who did not follow him should share of their
fate." He did not say whose fate. Saw the party again at Boughton
chalk pits on Thursday. There were about 40. Had seen some of them
on the Tuesday at Wills’s. All had bludgeons similar to those
produced in Court. They were going towards Faversham. (The sword,
pistol case, blue bag, and a cloak, with which he covered himself
when a gentlemen was approaching, and gave it back again after he
had passed, were produced).
Wm. Stephens, examined by Mr. Bodkin:— Is a labouring man. Saw
Courtenay at Wills’s house on Tuesday, at one o’clock in the
morning. Twenty or thirty were there. Both the prisoners were there.
Heard Courtenay tell Tyler to take the horse to Graveney church, and
they would go across the fields to meet him. They went to Fairbrook.
Price went also. Saw Branchett, Price, and Tyler at Waterham. It was
Gorham, that Tyler told Courtenay, had said ho should wish to take
him. Can’t say if Courtenay had anything in his hand at the time. He
had a sword and pistol with him. Heard nothing said about a candle.
John Mears examined by Sergeant Andrews:— Is high constable of
Boughton. On Wednesday he received a warrant from Dr. Poore, about
ten o’clock in the evening. (Produced the warrants). On Thursday
morning early he went to execute it, and took Nicholas Mears and
Daniel Edwards with him. Nicholas Mears was his brother. They were
to go to Culver’s house; it is called Bosenden House. On approaching
within twenty rods of the house, saw Price the prisoner, and another
man. Saw four or five Tyler was one of them; he had a large club.
They appeared to come from the front part of the house. He spoke to
Price, and asked him if Courtenay was there. Did not hear his
answer. Price pushed forward and went to the front. Heard a voice
inquire "Is that them?" He (witness) was walking with his two
companions, and on reaching the gate Courtenay met them. He said
"Are you the constable?" Neither of the prisoners were then present.
His brother said "I am." Courtenay raised his hand, and shot at him.
He did not fall immediately. Courtenay then made a blow at witness
with his dagger, saying "you are another." Witness ran off, and
Courtenay pursued him, but his foot stumbled, and he (witness) got
away. He saw no more, but went off to Faversham immediately, to the
magistrates' office.
Cross-examined:— Thomas Mears, or Tyler, is first cousin of witness.
His brother and prisoner were on friendly term.
Daniel Edwards examined by Mr. Channell:— Accompanied the last
witness to serve the warrant. Got to Bossenden about half-past six
o'clock. Were all three together. Price and Mears and others were
there. Saw Burford, who is since dead; did not see that Price had
any thing in his hand. Tyler had a bludgeon of a similar colour to
that produced. Mears spoke to Price. Courtenay came from the front,
and asked which was the constable. Courtenay shot Mears. Price and
Mears were a rod or two off. They followed Courtenay to the front of
the house. Mears, when shot, supported himself by the fence. Heard
some one say "he was not the constable." Did not hear Courtenay
reply. Courtenay struck at John Mears with his sword or dagger; he
missed him, and Mears got away. Witness staid till Courtenay
returned. Mears was alive; he said "Oh dear, what must I do — must I
lie here in this situation?" Courtenay said "do the best you can."
Witness then run away.
By a juror:— Courtenay took no notice of him.
Re-examined:— Heard no report of a pistol. After leaving Bosenden he
(witness) went into the wood. On looking round Courtenay was cutting
at Mears. Heard when in the woods the report of a pistol.
Cross-examined:— Thomas Tyler gave a nod of the head to witness, but
he did not believe it was to tell him to get away.
---- Hawkinge examined by Mr. Lucas. On Tuesday the 29th of May saw
Courtenay at Bossenden, with about thirty persons. Both prisoners
were there. Had supper at Bossenden House, composed of milk, bread,
cheese, and pork. Sarah Culver, Courtenay, and Mears served. Some
had tobacco afterwards. After supper Courtenay said they were to
sleep in the cottage. They went there. He said he should call them
in the morning. They had straw at the cottage to lie on; witness was
one of the party. They went to Sittingbourne, and breakfasted at the
"Wheat Sheaf;" and returned, after going through several places, to Bossenden. At Green-street they had twenty or thirty with them. Seven
or eight joined them that day. They rested in the cottage at night.
They had a flag and carried bludgeons and sticks. About half an hour
after he was called up on Thursday, he saw Nicholas Mears. He heard
the report of fire arms. Saw Mears leaning against the hedge.
Courtenay ran after another man. Courtenay seemed to make a slip,
and the man got away. Courtenay afterwards chopped the fallen man
with his sword, and fired a pistol at him. The body was carried to a
ditch. He did not see who carried the body, or know the number of
persons who carried it. He not see the body laid down. The prisoners
and the rest breakfasted afterwards.
Cross-examined:— Had heard Courtenay say he was the Christ nailed on
the cross. Never heard him say his was the white horse mentioned in
the Apocalypse. Have heard persons in his presence say that he had
been crucified. Courtenay has cited passages from the Testament.
Heard him say that he was the resurrection of the body of Jesus;
that Sampson was a great man, but a greater one than Sampson was
among them. Heard him say, "I am the blessed Lord and Saviour; I can
call fire from heaven, and burn every one of you in your beds. You
are safer with me than at home in your beds." Was present when one
man fell down at his feet, and asked him whether he should follow
him with his heart or with his feet. This was in the wood. Heard him
speak of Nicholas Mears, and say, "Though I have killed the body, I
have saved the soul." Thinks this was before breakfast. He said if
any man attempted to run away, he should be a dead man. This was
after killing Mears. Bossenden-house is about three quarters of a
mile from the London road.
Thomas Harris went to work on Thursday, the last day of May, in a
field at Bossenden-house. Heard a voice; looked up, and saw Tyler at
a window. Courtenay was standing near. Understood him to say the
constables were coming; and after moving away a few moments, he
returned, and said again "The constables are here." Courtenay went
out and met them. When he chopped Mears there were several round
him. He cut him six or seven times.
William Stephens recalled:- Slept at the cottage at Bossenden on the
Wednesday night. When the constables came up Tyler called Courtenay.
He said he was ready for them. Tyler was close by when Courtenay
struck the man with his sword. When they went to move him he said
"Let me lie." Four men carried him; Tyler and Price were two. They
carried him three or four rods. Courtenay said "Carry him to the
ditch." Is sure of the prisoners being two of the carriers. Several
followed. They laid him down as he was taken up; he seemed dead.
Re-examined:— I was afraid to go away over night, and staid till the
morning, and got some victuals. I was afraid to go.
Another labourer was next called:— In May last I was working for Mr.
Curling, and slept at Bosenden House. Tyler and Price were there.
The evidence of this witness corroborated previous witnesses with
respect to the arrival of the constable, and Courtenay's conduct to
Mears.
Cross-examined:— Had gone to Sittingbourne with Courtenay and was
tired, so I staid all night at the cottage. Had heard him say "This
is the White Horse mentioned in Revelations."
Stephen Gorham was at work in the garden on the morning of Thursday,
at Bossenden. He saw Tyler there but not Price. He corroborated the
testimony of the preceding witnesses respecting Courtenay's conduct
to the constable. Heard the wounded man say "They all know I am not
the constable." Courtenay said "You told me you was," and then
walked to the front door. Courtenay told his men to bring the body
after him; he headed them with his drawn sword. Did not know who
were the men that carried. They afterwards went with him to the
front of the house, and he told them he was the Saviour of the
world, the shepherd of the flock, &c. He sounded the horn three
times, and ordered them into the house. Witness then went away.
Cross-examined:— He appeared a frantic madman at the time of hacking
Mears with his sword.
Re-examined:— The men might all have left him if they chose to do
so.
John Fill is employed as a servant on Bossenden farm. Was in the
stable early on the day in question; there is a window in it looking
towards where the constable came; Price was standing near the
window; the constable came up lo him, and Nicholas Mears said "Is
Sir Wm. Courtenay about here." Witness left the window, and soon
after heard the report of a pistol. Looked out of the window and saw
Courtenay running after John Mears. Courtenay stumbled over some
bricks. On returning from running after Mears he said "I'll show
them." Saw Courtenay dragging Nicholas Mears by the collar, and
heard him telling Courtenay that he was not the constable. He laid
Mears on his right side, so that he could hit him in the neck. Every
time he struck him the head raised from the ground, and the man
groaned. He struck six or seven times. Did not see the body removed,
but saw it in the ditch. Went towards it about five minutes
afterwards and saw the head raised up and fall again once.
Cross-examined:— I dared not interfere in behalf of poor Mears.
Courtenay was very wild.
Re-examined:— No one attempted to interfere.
William Gibbs, grocer of Faversham — Found a flag in Bosenden wood.
Benjamin Jacobs — Found a cloak on Friday 1st of June, and a blue
bag, in Bosenden Wood, — it contained a packet of about 150 bundles
of matches, and a small bag with 150 bullets.
Edward Amos produced a bag, sword, and pistol case; another bundle
of matches, a pistol loaded with ball, a butcher's sharp knife, a
flute, and some smaller articles.
John Ogilvie, surgeon of Boughton, examined the body of Mears. There
were two gun shot wounds; — one shot passed through the body, the
other lodged. The first was mortal. There were severe instrument
wounds on the left shoulder, and a cut on the right arm.
Mr. Shea addressed the jury for the defence, in a powerful speech.
Although (he said) this prosecution had not been brought by the
government of the country, yet every thing that the resources of the
government could afford had been arrayed in its support, and he
deeply felt the responsibility attaching to the part that had
devolved on him. He owned, however, that the government was, in a
manner, bound to make every exertion to bring home justice to the
door of the delinquents, in a transaction which had so deeply
disgraced the country. At the same time he sincerely regretted, on
his poor and innocent clients’ part, that they had not been favoured
with any facilities for their defence, and which they stood so very
much in need of. He coincided almost entirely in the law of the case
as it had been laid down to them by his learned friend Mr. Law. and
the responsibility attaching to all concerned in the infliction of
death, however compassed; but he thought he had reason to complain
that a prosecution so supported had afforded them no assistance in
arriving at the facts of the case, for the benefit of his
unfortunate clients, he then adverted to the law relating to murder,
as stated by Lord Coke, by Sergeant Hawkins. Sir Matthew Hale, &c.,
and contended that the essential characteristic of murder — the
malicious intention — was altogether wanting. His learned friend had
indulged much in declamation respecting some "unlawful purposes"
which Courtenay and his associates had in view, but though he
listened with all attention, he could not hear what unlawful purpose
was imputed to them; in truth, the establishment of that great and
necessary point was altogether left out of his argument, and
properly so, for it had no existence in reality; and without it he
felt warranted in insisting that the crime of murder could not
fairly be imputed or legally established. He quoted a decision which
had been arrived at in the Court of King's Bench respecting a riot
in Sittingbourne, in which resistance had been made to a constable
who came to arrest the party, whereupon the constable fled, and a
party of the rioters pursued and killed him. In the trial which
ensued it was held that all those who pursued the constable with
intent to kill were guilty of murder, but that those of the rioters
who did not take part in the pursuit were not guilty of murder. He
quoted from Tressel a case in which three soldiers went to rob an
orchard. Two climbed up a tree, while the third stood at the gate
with a drawn sword, and on being challenged by the owner’s son
stabbed and killed him. The parties were tried for the murder, but
those who had been up in the tree at the time were acquitted; for
although they were in the commission of an unlawful act, it was a
minor offence, and they were not engaged in or consenting to the
murder. He also quoted a case from Hawkins, where a servant went out
with his master, attending him, and seeing his master engaged in a
murderous encounter, assisted him, and slew a man. Both were tried,
and though the master was found guilty of murder, the servant (who
had only followed him in the execution of his duty), was only found
guilty of manslaughter. Here was, therefore, a distinction to be
made as to purpose and assistance, still more so in the case of a
madman like Courtenay, whose unaccountable insanity could not
possibly be warped into "unlawful purpose," and if he were now
alive, even after all this melancholy loss of life, they could not
find him guilty of murder. He complained seriously of the
withholding of the certificate descriptive of Courtenay's state of
mind on his discharge from the lunatic asylum — an act which he
characterized as unjust, cruel, and wicked in the extreme, as
affecting his clients; and which, considering the power brought to
bear on this prosecution, was evidently intentional on the part of
the government. This he entreated the jury to mark; for they had a
right to have that certificate, and a right to learn, by direct
examination and cross-examination, why he had been suffered to go at
large after he had been confined as a lunatic, instead of being
punished as a criminal, for his conduct at Canterbury, he complained
especially that Mr. Francis (who could give such important
testimony) was not brought forward. The learned counsel then took a
lengthened review of the absurdities exhibited by Courtenay, as
stated in the evidence which they had just heard, dwelling
particularly on the quotations and misapplication of Scripture,
inferring from each and all the superstitious insanity of Courtenay,
and contending that the statements of his learned friend respecting
the intentions of Courtenay to stir up the poor against the rich
were quite unsupported by evidence. He pointed out the numerous
pacific and benevolent injunctions of Courtenay to his followers,
the example of prayer and praise, and thanksgiving, and practical
piety which be set to the innocent crowds which followed him in his
perambulation, and contended that a simple, credulous people might
participate in his movements and follow his example without the
slightest evil design or malicious intention, or suspicion of
mischief to arise from the indulgence of their curiosity, or
listening to his praying and preaching. He analyzed the scene which
took place on the death of Mears, and argued that there was no evil
intention on the part of his clients, who might, if they were
maliciously disposed, have joined in the pursuit of the constable
who escaped. They did not stir a step to injure either him or the
man who was murdered. They were at the most merely looking on while
an unlawful act was done by a frantic man. He then went into the
history of religious insanity in England, from the times of the
Puritans and Quaker enthusiasts to those of Brothers and Johanna
Southcote, and argued that nothing was more natural and ordinary
than that (with such supernatural power as Courtenay pretended to,
and such natural abilities and knowledge of the Scriptures as be
possessed for the persuasion of an untaught multitude) he should
succeed to a very great extent in drawing them after him. Such
confidence in a religious teacher who laid claim to inspiration and
superhuman power, who happened to possess, or was believed to
possess, an extraordinary likeness to our Saviour, and who really
laid claim to that character with all the apparent earnestness of a
sincere conviction — such confidence was most likely to urge them
with equal sincerity to believe and follow and obey implicitly the
individual so leading, and teaching, and influencing them, without
in any degree involving on their part the guilt of malice prepense.
The learned counsel concluded an eloquent and feeling appeal to the
jury by conjuring them that they might regard his hapless clients as
ignorant, as misguided, as foolish in the extreme, to have allowed
themselves to be led by a lunatic, but to discriminate between
ignorance and evil intention — to do them simple justice, and to
relieve them from the imputed guilt of wilful murder.
His Lordship then summed up. He commenced by reading the indictment.
It is certainly true, said his lordship, that in order to make out
the malicious intention imputed in the indictment to the act of
William Courtenay the agent must be possessed of reason. It seems to
me, on the whole of the evidence, that Courtenay was not a person of
sound mind when he committed the act in question, and therefore the
prisoners cannot be guilty as accessories, for there is no
foundation on which their crime can rest. Now, it is one of the most
difficult subjects that can be submitted to the mind of man, and
requires the minutest examination to determine what constitutes
insanity, and it must be a particularly painful one when the result
of the inquiry may be attended with the most important consequences
to their fellow-creatures; and I must own that the impression on my
own mind is, that he was a man of insane mind, and it is exceedingly
doubtful that he was possessed of any sound reason at all. I think,
too, if he were now before us, that you could not safely say that he
was in a condition to be answerable for his act. This is not an
opinion which I mean to lay down as a rule of law to be applicable
to all cases; but there was in this instance so much religious
fanaticism, such excitement of mind, such absurdity and extreme
folly, that if he were now on his trial it could be hardly said,
from the evidence, that he ought to be called on to answer for his
criminal act. Now, gentlemen, if that is your impression it will
simplify the consideration which you will have to bestow on the
second charge. On the second count, then, these persons are charged,
not only with being accessories, but are themselves charged as
having committed the offence; and if they were aware of the
malignant purpose, and shared in that purpose, and were present
aiding, abetting, and assisting in the commission of acts fatal to
life in the course of this purpose, then no doubt they are guilty as
principals on the second count. You have been properly referred to
the authorities laid down in the books. I will read to you a rule as
laid down by a high authority, and you will have to consider whether
the conduct of the prisoners falls within it or not. Serjeant
Hawkins, quoting the still more ancient and perfectly consistent
authorities of the law of England, says, "Where divers persons
resolve generally to resist all opposers, and to execute their
purpose in such a manner as to be naturally attended with tumults
and affrays, and in so doing it should happen that life is lost, all
are guilty of murder, for they must at their peril abide the event
of an act which is in violation of the public peace, and in open
opposition to the authorities of the country; but in this case the
fact must appear to have been committed strictly in prosecution of
the purpose for which the party assembled." Now, as it is absolutely
necessary to make out the latter part of the proposition, if has
been argued very ingeniously that as Courtenay and his followers had
no definite and distinct object, there could be no combination. But
I must own that I think the evidence will lend you to pause a good
deal before you come to that conclusion. It seems to me to be wholly
unimportant whether the parties had a well-defined and particular
mischief to bring about, as the result of their combination; because
I think, if their object was, in the language of this extract, to
resist all laws generally, and that the parties armed themselves
with dangerous weapons for the purpose of committing a violation of
justice, and taking for this purpose the means of executing their
object, the whole of the assembly so convened, however blank the
mind of Courtenay might be as to ulterior purposes, or however his
followers might be undetermined as to the result, still, if they
contemplate resistance to the lawful authorities, their case is that
of men banded together for a common purpose to a sufficient degree
to make them answerable for all that was done in execution of it.
And then it will be highly important for you to look to the means
with which they furnished themselves, and the instruments they
employed, in order to fulfil their object. I may just observe, in
passing, that the mere irresponsibility of the principal, whether he
be a physical or moral agent, cannot relieve the parties who make
use of him from answering for the consequences of his acts. If it
appear that those engaged in an illegal act aid and abet the
principal or agent in the means which he takes for its perpetration,
no doubt they are liable for any consequences which may ensue. After
going over the whole of the evidence, he concluded by saying that he
thought it too much to suppose that, however superstitious these
persons were, they were completely bewildered and deprived of their
reason while Courtenay was lending them. He impressed upon the jury
that any personal apprehension which the prisoners might have
entertained from Courtenay’s acts was no justification for joining
in a criminal outrage. He left it to the jury to say whether or not
the prisoners were aware that they were engaged in an unlawful
outrage upon the laws of the country, however wild and indefinite
might be the plans of their leader or themselves. They were guilty
of murder if they deliberately concurred in that resistance to
lawful authority, from which it might he naturally supposed that the
consequence which had taken place would follow.
The jury retired at five o’clock. After half an hour’s absence they
returned and delivered their verdict. They declared both prisoners
Guilty, recommending them to mercy.
The Judge proceeded to pass sentence of death in the usual form on
both prisoners, and stifled outcries from the female spectators. His
lordship then addressed them:— "I pass this sentence immediately,
that I may have the opportunity of adding that it will not be
carried into effect, and of assuring you that your lives will be
spared in consequence of the merciful recommendation of the jury."
FRIDAY.
William Wills, aged 46; Thomas Mears, otherwise Thomas Tyler, aged
23; Edward Wraight the younger, aged 33; Alexander Foad, aged 42;
Edward Curling, aged 33; Thomas Griggs, aged 30; Richard Foreman,
aged 30; Charles Hills, aged 47; and William Foad, were indicted,
charged with the wilful murder of Henry Buswell Bennett on the 31st
of May, at the ville of Dunkirk. The prisoners were charged in the
first count, as the accessories of Thoms; and, in the second, as
principals.
By the advice of their counsel, Messrs. Clarkson, Shee, and Deedes,
they all pleaded guilty.
We had prepared a report, taken in short hand, of the speeches of
the counsel on either side, and also of the Judge, but are compelled
to omit their insertion till next week.
His Lordship passed sentence of Death upon all, and then informed
them that the sentence would be commuted, and that Wills and Mears
would be transported for life, and the others receive punishments
according to the parts they had taken in the horrid transaction.
The solicitor for the prosecution was Mr. G. J. Shepherd, and for
the prisoners Messrs. Jeffery and Morgan.
After the Judge had addressed the prisoners, and they had been
removed from the dock, Mr. Laker, who had been foreman of the
coroner’s jury at Boughton, presented a memorial to the Judge,
signed by 12 of the jurors, on behalf of the prisoners who had been
tried upon the coroner’s warrant, recommending them to mercy,
according to what appeared to them to be their different degrees of
guilt. His Lordship not only condescended to receive the memorial,
but with much emphasis said ha was "glad to do so," and perused it
with marked attention.
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