Available for preorder: “The Life and Legend of a Rebel Leader: Wat Tyler” (2018)

My book entitled The Life and Legend of a Rebel Leader: Wat Tyler (Pen & Sword, 2018) is now available to preorder on Amazon and Waterstones’s website.

Follow the Amazon link: Stephen Basdeo, The Life and Legend of a Rebel Leader (2018)

The blurb on the back of the book reads:

In 1381, England was on the brink – the poor suffered the effects of war, the Black Death, and Poll Tax. At this time the brave Wat Tyler arose to lead the commoners, forming an army who set off to London to meet with King Richard II and present him with a list of grievances and demands for redress. Tyler was treacherously struck down by the Lord Mayor. His head hacked from his shoulders, pierced on a spike, and made a spectacle on London Bridge. Yet he lived on through the succeeding centuries as a radical figure, the hero of English Reformers, Revolutionaries, and Chartists. ‘The Life and Legend of a Rebel Leader: Wat Tyler’ examines the eponymous hero’s literary afterlives. Unlike other medieval heroes such as King Arthur or King Alfred, whose post medieval manifestations were supposed to inspire pride in the English past, if Wat Tyler’s name was invoked by the people, the authorities had something to fear.

If you buy it, I hope you enjoy it and are likewise inspired to learn more about the hero of the Peasants’ Revolt of 1381.

Victor Hugo’s “The Last Day of a Condemned Man” (1829)

Last week Google celebrated the life of Victor Hugo (1802-85) with some quirky illustrations on its masthead, so I thought I would do the same by writing a post on an early novel by Hugo entitled The Last Day of a Condemned Man (1829).

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Two of the cartoons by Google celebrating the life of Victor Hugo

To most people, Hugo will be familiar as the man who authored Les Miserables (1862), which during the 1980s was adapted in London’s West End’s longest-running and most successful musical. To those familiar with Hugo’s epic story, it will come as no surprise that he was an outspoken political activist who involved himself in many causes, and one of these was the abolition of the death penalty. Thus, in Hugo’s own words, The Last Day of a Condemned Man is,

nothing more than an appeal – direct or indirect, however you wish to see it – for the abolition of the death penalty.[i]

During the nineteenth century, France’s method of executing criminals was via the guillotine. Most people who have studied the French Revolution at some point in their lives will be familiar with that infamous machine as the symbol of the “Reign of Terror”. The guillotine continued to be used as a method of execution in France until the 1970s, although debates about its abolition began in the nineteenth century. Still, at least it was a more humane method of execution than hanging, because it killed the offender instantly.

As the title of the novel suggests, it is an hour by hour account of the last day of a criminal who has been sentenced to death. Executions in nineteenth-century France were public, and the only contact that most people would have had with the condemned felon would have been through the newspapers by reading about their life (which had a flourishing genre of crime writing, including ‘Last Dying Speeches’ broadsides, to that which existed in England in the same period).

Newspaper and broadside accounts of offenders and their crimes were formulaic and, to quote Vic Gatrell, ‘to read one is to have read them all’.[ii] At a time when most people, if they knew much about the offender at all, would have only been acquainted with the one heinous act they had done to warrant the death penalty, Hugo therefore humanises the figure of the (fictional) condemned man:

Once, because it seems years rather than weeks, I was a man like other men. Every day, every hour had its idea. My mind, young and fertile, was full of fancies … There were young girls, bishops’ magnificent copes, battles won, theatres full of noise and light, and then more young girls … Now I’m a prisoner. My body is in irons in a dungeon, my mind imprisoned in an idea … I have only one thought now, one belief, one certainty: condemned to death![iii]

Hugo does not tell us what the man is condemned for, however, and while the novel elicits sympathy for the condemned man, at the time it was written it would have been an uphill struggle for French readers to empathise with such an offender.

The condemned man vacillates between wanting the execution to be finished quickly, to preferring a life sentence. Heartrendingly, his wife and young daughter come to visit him in his cell, but the daughter does not recognise him as he has been in too long.

Finally the hour comes – he can hear the crowds outside laughing like hyenas. He asks for the execution to be postponed for a few minutes until he should know whether he has received a pardon or not. The magistrate and the executioner then leave his cell for a short time. The novel then ends abruptly:

It sounds as if they are coming up the stairs…[iv]

The publication of Hugo’s text came at interesting point in European history, when social justice began to dominate the political agenda. While novelists in France such as the Eugene Sue in his Mysteries of Paris (1843) drew attention to the plight of the poor, as Hugo also would in Les Miserables, the abolition of the death penalty was a cause that was enthusiastically taken up by the same reformers who viewed the practice as barbaric. It is for this reason that the literature of the 1840s in France are said to represent the beginnings of ‘bleeding heart liberalism’.[v]

The novel was favourably received on this side of the channel as well, being translated by the novelist and radical political commentator, George W. M. Reynolds, the author of The Mysteries of London (1844-46).

Despite the best efforts of reformers in combatting the grisly and inhumane death penalty, it would not be until the 1960s that the death penalty was abolished in the UK, and in France during the 1970s.


[i] Victor Hugo, The Last Day of a Condemned Man Trans. Christopher Moncrieff (London: One World Classics, 2009), p. 3. For further reading on Hugo’s novella, see the following: Amandine Andrade, ‘Le bourreau, figure emblématique du débat sur la peine de mort au dix-neuviéme siècle’ (Unpublished PhD thesis, University of Arizona, 2012).

[ii] V. A. C. Gatrell, The Hanging Tree: Execution and the English People, 1770-1868 (Oxford: Oxford University Press, 1994), p. 156.

[iii] Hugo, The Last Day of a Condemned Man, p. 37.

[iv] Ibid., p. 100.

[v] Edward R. Tannenbaum, ‘The Beginnings of Bleeding-Heart Liberalism: Eugene Sue’s les Mysteres de Paris’, Comparative Studies in Society and History 23: 3 (1981), pp. 491-507

Header Image Credit: Reynolds’s Miscellany, 14 November 1846, p.25

The First Robin Hood Novel: Robert Southey’s “Harold, or, The Castle of Morford” (1791)

(This is an updated version of an earlier post I made)

Scholars generally point to 1819 as the year that the first Robin Hood novels appeared, these being the anonymous Robin Hood: A Tale of the Olden Time and Walter Scott’s Ivanhoe.[i] However, an attempt was made during the late eighteenth century, well before the aforementioned works, by Robert Southey, to give Robin Hood his ‘big break’ in that most famous of literary genres. Held in the archives of the Weston Library, Oxford is an unpublished manuscript by Robert Southey for a Robin Hood novel entitled ‘Harold; or, the Castle of Morford’ (1791).[ii]

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Robert Southey

Southey (1774-1843) was born in Bristol to a middle-class family of linen drapers. At an early age his mother sent him to live with his aunt, and it is under the guidance of his aunt that his love of literature was encouraged. He was a pioneering medievalist, for in addition to ‘Harold’ he authored Wat Tyler (1794), Joan of Arc (1796), and also edited a version of the Icelandic Edda in 1797 and a version of Malory’s Le Morte D’Arthur in 1817 (to Southey is credited the first English prose account of Goldilocks and the Three Bears, as well as the first use in English of the word ‘zombie’, although the word was used in a different context than it is understood today).[iii]

There is one main issue with the manuscript: it was bound in a codex at some point during the nineteenth century; while such a practice has the obvious advantages of keeping all of the pages together, it has also meant that many of the words on the margins of the leaves have been obscured. While close attention to the context can offer clues as to the meaning, ultimately it means that oftentimes, when these words are not clear, you are guessing what Southey originally wrote. Furthermore, binding all of the leaves so tightly together has meant that, in some cases, the ink from one page has rubbed off on to the opposite page, which can in some cases render the job of transcription even more difficult. The saving grace, as far as practical issues are concerned, is that the young Southey’s handwriting is neat and legible.

The novel was clearly envisaged as a gothic tale. It opens with the short and perhaps rather dramatic sentence: ‘it was night’, which anticipates Edward Bulwer Lytton’s ‘it was a dark and stormy night’ from Paul Clifford (1830).[iv] Further gothic motifs include aristocratic villains, family secrets, betrayals, murder, as well as ghostly visions in ruined castles, as related in the following scene:

Harold […] arrived at the borders of the forest about midnight. By the pale light he discovered a castle which at first struck him as his paternal seat he advanced towards it with a hasty step. It was [illegible] and he concluded that it was not the Castle of Alnwick. He roam’d for some time amongst the ruined courts in an agony of grief the stair case was entire he determined to explore the building and if possible acquire some spot where he might rest in safety. He ascended and passed along an extensive gallery with several apartments on either side. He entered one of the smaller ones and threw himself upon the ground determined there to pass the night. He had not remained long in this situation the dismal toll of a bell from the turret roused him […] The firm footsteps of a person in the gallery struck his ear he rush’d into it and beheld at the northern end a figure in armour stalking along it turned and look’d at him by the moon beams which shone thro the broken pane he perceived the armour was bloody. He exclaimed My Father! The spectre turned into a room at the farther end of the gallery. Harold followed him but he saw no more. The appearance overcame him entirely.[v]

As with most nineteenth-century Robin Hood novels, Robin Hood is not the main protagonist but is a man who comes to the aid of Harold and King Richard I, the latter who is in disguise as a knight-errant, in a similar manner to his role in Scott’s Ivanhoe. In fact, there are some passing resemblances to Ivanhoe which definitely are deserving of further consideration: Harold is a returning crusader, just like Scott’s eponymous title character; some of the characters also bear some curiously Saxon names which are comparable to those found in Ivanhoe: there is one character named Athelwold, similar to Athelstane in Ivanhoe (Southey actually misspells Athelwold as Athelstane on one occasion).[vi] A character named Ulfrida also appears in Southey’s novel, a name similar to the crazed Ulrica in Scott’s tale. The fact that Southey and Scott were friends may suggest that Scott knew about this MS. and borrowed ideas from his unpublished novel.

There is also a clear attempt by Southey to draw upon the early modern Robin Hood tradition. A character named Aeglamour is a member of Robin Hood’s band, which suggests that Southey was aware of Ben Jonson’s The Sad Shepherd (1641), in which Aeglamour is the eponymous sad shepherd who Robin assists with his troubles (Jonson’s work had been edited for a scholarly audience a few years prior to Southey’s authoring of Harold).[vii] The Bishop of Hereford makes an appearance as one of the villains who has deprived Harold’s brother, Tancred, of his estate.

The character of Robin Hood has all the usual traits, being described as,

the famous outlaw Robin Hood, a man worthy of a better fate; the spoils which he takes from the wealthy he distributes among the poor; his birth is unknown, and it is but a very few years since he chose this barbarous way of life.[viii]

Refreshingly, there is not attempt to ‘gentrify’ Robin Hood by making him a member of the upper classes. Instead, in keeping with earlier traditions, he is depicted as a yeoman forester. We first meet him when Richard and Tancred wander into the forest, and they find that Robin Hood has kidnapped Marian, the daughter of the villainous Baron of Morcar, to marry her:

Welcome my good friends exclaimed the outlaw and you too strangers my assistants in this happy enterprise welcome. Let all be happy. Mirth and pleasure reign. My trusty friends pay homage to the queen of the forest the wife of Robin Hood. For as such I may now present her to you. What monarch can be more blest than me?[ix]

Southey’s Robin Hood is also something of a political reformer, and resolves to help Richard to rid his land of corrupt politicians. The young Southey was a firm believer in the ideals of the French Revolution, and no doubt his portrayal of Robin Hood and Richard as a reformist king stems from his enthusiasm for the rights of man.

Southey also inserts several poems into his narrative which are written in the style of ballads. This is the song celebrating the outlaws’ life:

Rises now with orient ray

Bright the gold on the orb of day

Aw’d by his effulgent light

Swiftly they the shades of night

On the leaves with silver hue

Glittering shines the pearly dew.

Scar’d by the hunters now the deer awakes

And swiftly scuds along through o’er bushes and o’er brakes.

What pleasures can the palace yield

Equal to these woodlands give

How blissfully the outlaws live.

Who roams at will [illegible…illegible…] and field hill

How happily dwell we in the wood

And o’er the flowery field

How happy live we in the wood.

Beneath the sway of Robin Hood.

The deer with spreading antlers crowned

Stalks stately o’er the [illegible]

The bowman fits his dart

And fixes the sharp point within the victim’s heart

He falls upon the ground

We hail the prize with choral strain

Feast on his flesh and Nottingham brown ale

List to the minstrels song and merry outlaws tale

What pleasures can the palace yield?

Now we with sober mien comes

And darkness hides the sky

The labour of the day is done

And home the outlaws hie.[x]

All of Southey’s unpublished works remain in copyright until 2039, so there will be no edited version of the text before then. It is part of his juvenilia, and it is not his best work, therefore I doubt Robin Hood studies will suffer too much from its absence. Copyright issues prevent me from making my transcriptions of the manuscript publicly available, however I will be happy to answer any queries about it.


[i] See Stephen Knight, Reading Robin Hood: Content, Form and Reception in the Outlaw Myth (Manchester: Manchester University Press, 2015); Stephen Knight, Robin Hood: A Mythic Biography (Ithaca: Cornell University Press, 2003); Stephen Knight, Robin Hood: A Complete Study of the English Outlaw (Oxford: Blackwell, 1994).

[ii] Bodleian MS. Eng. Misc. e. 121 is the original manuscript. There is also a duplicate of the novel, copied out, apparently, at some point during the nineteenth century: Bodleian MS. Eng. Misc. e. 114.

[iii] “Zombie”, in The Oxford English Dictionary Online

[iv] Bodleian MS. Eng. Misc. e. 121 3v.

[v] Bodleian MS. Eng. Misc. e. 121 15v.

[vi] Bodleian MS. Eng. Misc. e. 121 21r.

[vii] Francis Waldron (ed.), The Sad Shepherd; or, A Tale of Robin Hood (London: J. Nicholls, 1783).

[viii] Bodleian MS. Eng. Misc. e. 121 3r.

[ix] Bodleian MS. Eng. Misc. e. 121 10r.

[x] Bodleian MS. Eng. Misc. e. 121 12v-12r.

‘The Prince of Pick-Pockets’: George Barrington (1755-1804)

George Waldron, alias Barrington, was born into a poor family at Maynooth, County Kildare, Ireland. Although destitute, his mother and father made sure to learn that he could read and write. Because of his rudimentary education, he attracted the attention of the local doctor, who privately tutored him in mathematics, geography, and grammar. The young George Barrington made great progress, and the local bishop paid for him to go to the grammar school at Dublin.[i]

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A “True” Likeness of George Barrington, Esq. From The Criminal Recorder, Vol. 1 (1804). Author’s Collection.

But from a young age, it seems, Barrington, always had a propensity to commit acts of violence. While at school, he stabbed one of his schoolmates with a pen-knife. The wound was not fatal, luckily for the other boy, and Barrington was flogged for the assault. He resented the punishment, and in May 1771, he stole a few pieces of gold from the school and absconded.

He set off on the Great North Road from Dublin until he came to Drogheda, where he stopped at inn. After having eaten a meal and gotten some rest at the inn, he got talking to a man named John Price, ‘an abandoned character’, according to Barrington’s biographer. Price was the manager of a company of travelling street performers. He invited Barrington to tour with them.

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Penny Dreadful Serialisation of Barrington’s Life (1863). Author’s Collection.

He turned out to be a pretty good actor, and apparently distinguished himself in the lead role of a play entitled Venice Preserved. But the successes were not to last, and soon the entire company of players fell on hard times. Having noted his acting skills, Price asked Barrington if he would use his talents to become a gentleman pickpocket, ‘by affecting the airs and importance of a gentleman of fashion’.

It seems, however, that he was not a very good pickpocket. He first attempted an aristocrat at the races in Carlow, but he was caught. However, the good-natured nobleman said that if he returned his property nothing more would be said about the matter. Barrington wisely agreed.

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Penny Dreadful serialisation of Barrington’s Life (1863). Author’s Collection.

Meantime, his former master, Mr. Price, had been arrested for forgery and was hanged. So Barrington decided it was best if he moved to England and tried his game there. He first travelled to Brighton where, in 1775, he ingratiated himself into polite society. During this time he robbed several of his high-born friends.

He then travelled to London where he became acquainted with a Mister Lowe, another pickpocket, and the two men became quite daring in their enterprises.

Barrington went to Court where the Queen’s birthday celebrations were being held. Dressed as a clergyman, and again ingratiating himself with all the nobility, managed to rob several pounds from various people, as well as a diamond. He then retired from the party without suspicion and sold his stolen goods to a Jewish fence.

Barrington next visited a Drury Lane theatre, and proceeded to play a game of cards with Count Orlow, the Russian ambassador. He robbed the Russian of a gold snuff box set with diamonds. But one of the count’s servants saw him and seized him. Hauled before the Magistrate of Westminster, Sir John Fielding, Barrington confessed all, whereupon he was sentenced. The Count declined to prosecute, however, and so the matter went away.

He soon returned to his old ‘profession’, however, and in the Spring of 1777, he was arrested and sent to the prison hulks for three years. Due to his good behaviour, he was released after only twelve months, and went straight back to thieving.

Only a few days after his release, he attended a sermon at St. Sepulchre’s Church, and attempted to rob a lady’s purse. But he was seen by Constable William Payne, and again taken before the magistrate. He was found guilty and probably would have been hanged had he not pleaded for mercy before the judge. The account of Barrington’s life in The Criminal Recorder (1804-09) records this purported speech, in which he blames his criminality on his poverty. Although given the many fictional confessions at the time, there is no way of knowing if Barrington ever actually said these words.

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Penny Dreadful serialisation of Barrington’s Life (1863). Author’s Collection.

The magistrate took his lengthy speech into consideration, and sentenced him to seven years’ transportation to Botany Bay (see my other post on transportee Charles Kinnaister). While there, he conducted himself in an admirable manner, but in the latter part of his life suffered from various mental health problems, and he died in 1804.

Barrington went on to enjoy a limited literary afterlife as the hero of a long-running serial in the penny dreadful version of The New Newgate Calendar. There are various stories of him robbing corrupt officials and decadent aristocrats. As all true outlaws should, he steals from the rich and gives to the poor. He is named in these serials as ‘The Prince of the Pickpockets’.

Like all eighteenth-century criminals who enjoyed a brief resurgence in Victorian literature, however, he soon fades from cultural memory. It seems that no historical thief can compete with Robin Hood.


References

[i] Information for this article taken from the following books: The Criminal Recorder; or, Biographical Sketches of Notorious Public Characters 4 Vols. (London: T. Hurst & D. Symonds, 1804-09), 1: 38-46; Camden Pelham, Esq. The Chronicles of Crime; or, The New Newgate Calendar (London: T. Miles, 1887), pp. 363-369.

John Terry (d.1803): A Yorkshire Murderer

All too often histories of crime focus upon what happened in the big cities such as London, Manchester, and New York. Part of the reason for this is that, as is especially the case with London, more records are available and many of them are digitised (see the Old Bailey Online website, for example). So, whenever I find a notorious story from near where I live in West Yorkshire, I feel that it is kind of my civic duty to bring it to people’s attention (even though having a criminal associated with your local area is not, I suppose, something to take particular pride in…).

The following case, which recounts a notorious murder committed by one John Terry from Wakefield, West Yorkshire comes from The Criminal Recorder; or, Biographical Sketches of Notorious Public Characters, which was published in four volumes between 1804 and 1809. In their form, structure, and content the volumes resemble earlier eighteenth-century compendia of the lives of criminals such as Alexander Smith’s History of the Highwaymen (1714) and Charles Johnson’s Lives of the Highwaymen (1734). Smith and Johnson’s earlier works focused solely upon the lives and crimes of the criminals, while accounts of the felons’ trials are almost non-existent in their works. The Criminal Recorder is different in this respect however, for it is written ‘by a Student of the Inner Temple’ and the majority of each of the accounts contained therein is devoted to the criminals’ trials (the Inner Temple is one of the four Inns of Court in London, and to become a barrister one still has to be a member of one of these Inns of Court).

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John Terry’s entry in The Criminal Recorder (1804-09)

We know nothing of John Terry’s early life apart from the fact, at the time of his being committed to trial at the York Assize Courts, he was listed as an apprentice from Wakefield. Terry, along with another apprentice named Joseph Heald, were tried and found guilty of the murder of a sixty-seven year old woman, Elizabeth Smith.

Elizabeth was a respectable woman who lived in Wakefield, and although relatively poor, she maintained herself in her humble dwelling by keeping cows and selling the milk to local residents. However, two of her cows died and she found herself almost on the point of destitution. Being a pillar of the local community, however, her neighbour granted her some monetary assistance, and her son who lived in Leeds also gave her eighteenth guineas with which to purchase more livestock. The whole neighbourhood was happy for her, and the following day she resolved to go to Leeds and purchase two more cows.

At night, however, Terry and Heald met together and resolved to break into Elizabeth’s house and steal the eighteenth guineas. While she was sleeping, the pair broke into her dwelling and, although Terry only ever wanted the money, Heald became inexplicably enraged and began beating the sleeping Elizabeth upon the head, and then took a razor and cut her throat.

The pair got the money and made a quick escape. They were arrested soon afterwards by two of the town’s constables, T. Shaw and S. Linley. Terry instantly confessed to everything, although Heald was adamant that he was not present at the burglary. The judge and the jury did not believe Heald’s tale of innocence, and both men were found Guilty of murder and sentenced to be hanged on 21 March 1803.

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A “true” likeness of John Terry in The Criminal Recorder (1804-09)

On the evening before the execution, as the gaol Ordinary was administering the sacrament to Terry, the latter admitted that he had indeed been lying at his confession, and that Heald was never with him, and that if they did hang Heald, then they would be hanging an innocent man. Terry said that he only accused Heald of being with him in the hope that he might get a lesser sentence or even, having become an informant, a full pardon. When he realised that he was not going to get away with the murder he felt it his Christian duty to admit to his lies.

The Judge was immediately asked to review the case, although he recommended that the execution of both men should still go ahead because the circumstantial evidence against Heald was strong.

The execution of both men went ahead. But just before their execution, Terry implored the officials and the public spectators present not to hang Heald. But Heald was hanged in spite of these protestations. Did the town of Wakefield hang an innocent man based upon the lies of another? We will never know!

References

The Criminal Recorder 4 Vols. (London: J. Cundee, 1804-09), 4: 335-340.

Unruly Apprentices

During the eighteenth and early nineteenth centuries, many criminals recorded in works such as Alexander Smith’s History of the Highwaymen (1714), and Charles Johnson’s History of the Highwaymen (1734), as well as his Lives of the Most Remarkable Criminals (1735) were said to have begun their criminal careers as unruly, or idle apprentices. The notorious Jack Sheppard (1702-1724) is said to have been apprenticed to a carpenter, but being of a wicked disposition fell out with his master, and began cohabiting with a prostitute, Edgeworth Bess, and thereafter commencing a criminal career.[i] Even when discussing Robin Hood, the authors cited above, in a complete break with the existing historical tradition, state that he was originally apprenticed to a butcher, but ‘being of a wicked, licentious inclination, he followed not his trade’.[ii] (Not a single Robin Hood text, from the medieval period to the eighteenth century, records the famous outlaw as having been a butcher, and eighteenth-century accounts are unusual in this respect).[iii] The figure of the idle apprentice received its most famous artistic representation in William Hogarth’s series of paintings entitled Industry and Idleness (1747).

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The First Plate of Hogarth’s Industry and Idleness (1747). Courtesy of Wikimedia Commons.

One of the reasons why the idea of the unruly apprentice became a worrying figure was because, by going against his master, the delinquent youth was effectively signalling his intention to revolt against, not only his employer, but also the state and divine providence, ‘the concept that invokes hierarchical orders which support eighteenth-century life from the arrangement of the Cosmos to the distribution of wealth among the social classes’.[iv] The noted critic, John Richetti, for example, argues that the idle, or the “revolted apprentice”, ‘embodied furtive and unnatural longings for disruptive revolt […striking out] against social and moral restraints, against any sort of control from an external source’.[v] Moreover, when a certain criminal is represented in literature as having shunned hard work in his youth and preferring to follow a life of crime, this trope allowed the reader to view the felon’s criminality as part of an enduring strain of wickedness in the boy’s moral character, which early signs were present when he was young.

There were several factors which could induce initially virtuous young apprentices to fall into a life of criminality. First among these was the apprentice masters who, it was reasoned by some writers at the time, often failed to act as a moral guide for the youngsters. Often it is the dissolute habits of masters themselves which were assumed to have an adverse effect upon the minds of impressionable youths. For example, The Criminal Recorder; or, Biographical Sketches of Notorious Public Characters (1804-10), says that,

The evil habits of masters are in a great degree the means of corrupting apprentices. No sooner does an apprentice advance towards the last year of his time, than he thinks it incumbent on him to follow the example of his master by learning to smoke. This accomplishment acquired (according to his conception), he is a fit associate for those who frequent public houses.[vi]

Visiting public houses in the eighteenth and nineteenth centuries was not, and still is not, a marker of potential criminality of course, but the same writer goes on to argue that, although the master may visit respectable public houses, the apprentice, in order to avoid meeting with the master on a night out, must necessarily visit those places to which he knows that his master will not venture, namely, places of ill-repute where the apprentice ‘meets with depraved company’.[vii]

It is through frequenting such places of ill-repute that the youth first becomes ‘ensnared’.[viii] A major factor in apprentices’ fall from grace is when they first become acquainted with prostitutes in these low public houses, as The Criminal Recorder writes:

Having arrived at the age of puberty, and meeting with profligate females in those haunts of idleness, his passions become inflamed. The force of evil example overpowers him. He too becomes depraved – Money must be procured to supply his wants which are generated by depravity. Aided by the facilities held out by old iron shops, he pilfers from his master to supply those wants, or associates himself with thieves, whose acquaintance he made in the progress of his seduction.[ix]

It will be recalled that this is how the criminal career of Jack Sheppard began, through meeting a prostitute, at which point in his biography Daniel Defoe exclaims:

Now was laid the foundation of his ruin![x]

Sometimes thieves and prostitutes could collaborate together in robbing people to supply their wants, through a system known as the ‘buttock and file’. The woman would entice a respectable passer-by into a dark alley with the prospect of sex. Then her male partner would emerge out of the shadows, usually deal a blow to the gentleman, and rob him.

Yet the idea of the unruly apprentice who shunned hard work and became a criminal was very much a metropolitan idea. Fewer accounts of criminals from outside London record their having been apprentices initially. Much of this was down to the nightlife temptations that were on offer in the capital, which, combined with apprentices’ youth, could be a recipe for moral disaster. As the fictional Memoirs of George Barnwell (1817), based upon an earlier play entitled The London Merchant (1731), records:

The juvenile mind is constitutionally sanguine; and the imagination wanders into wild and fanciful expectations, before its exuberances have been repressed by reason, and its dangerous heat tempered by experience. In the critical season of youth, before prudence and judgement have assumed the sceptre in the bosom, fancy is too apt to “riot in pleasure,” and to revel in visionary delights, the offspring of its own ardour, and which, unless seasonable correctives are applied to keep them in check, may ultimately lead to practical excesses of the most unprincipled nature and dangerous tendency.[xi]

If not constantly on his guard, the unsuspecting apprentice could find himself drawn into the criminal underworld. The account of Robert Crouch, a footpad, in Johnson’s Lives of the Most Remarkable Criminals, tells the story of how he was initially apprenticed to a butcher in Newgate Market,

But as soon as he was out of it he addicted himself to gaming, drinking, and whoring, and all the other vices which are so natural to abandoned young fellows in low life.[xii]

And it was women, gaming, drinking, and crime that would, it was supposed, eventually lead the apprentice to the gallows, just as happens to Hogarth’s Idle Prentice at the end of his story. John Gay’s The Beggar’s Opera (1728), references, references ‘Marybone and the Chocolate Houses’ as being the ‘undoing’ of the highwayman, Captain Macheath.[xiii]

Barnwell
Frontispiece to The Memoirs of George Barnwell (1817). Author’s Collection.

Of course, this was the eighteenth and early nineteenth centuries, and when it came to discussions of the luxuries and vices of the town in the public sphere, there was inevitably some class-based hypocrisy at play. The poorer classes might become criminal through indulging their passions at womanising, drinking, and gaming, but the sons of rich aristocrats, or rakes, which did the same, were rarely condemned as criminal. There are further comparisons to be made between the rake and the idle apprentice, one of them being the fact that neither could hold down a job, although of course the sons of the aristocracy had inherited wealth to fall back on. The image of the aristocratic rake is a recurring one throughout the eighteenth century. For example, in issue two of Joseph Addison’s Spectator magazine, one of the members of the fictional coffeehouse club is Will honeycomb, a man who is

Very ready at that sort of Discourse with which Men usually entertain Women. He has all his Life dressed very well, and remembers Habits as others do Men. He can smile when one speaks to him, and laughs easily. He knows the History of every Mode, and can inform you from which of the French King’s Wenches our Wives and Daughters had this Manner of curling their Hair, that Way of placing their Hoods; whose Frailty was covered by such a Sort of Petticoat, and whose Vanity to show her Foot made that Part of the Dress so short in such a Year. In a Word, all his Conversation and Knowledge has been in the female World.[xiv]

In his memoirs, William Hickey (1749-1830) records how he partook of the entertainment of the town, debauching one or two young maidens in the process.[xv] Generally seen as a bit of a cad, this type of man pursued the same pleasures of the town as the idle apprentice, but of course he was not condemned for it.

So what could be done to turn the unsuspecting eighteenth-century apprentice away from a life of crime, and inculcate respect for virtue, religion, and authority? One of the reasons that so many criminal accounts appeared in the eighteenth century is because, at a time of great public concern about the apparently ever-rising crime wave, they were intended as moralist texts. A person was supposed to read the account of the criminal and take lessons from his life. As Johnson in the preface to Lives of the Most Remarkable Criminals states,

My intention in communicating to the public the lives of those who, for about a dozen years past have been victims to their own crimes, is to continue to posterity the good effects of such examples, and by a recital of their vices to warn those who become my readers from ever engaging in those paths which necessarily have so fatal an end.[xvi]

Other solutions proposed by the author of The Criminal Recorder include stopping all apprentices’ wages, and making the apprentices entirely dependent upon their masters for food, drink, and lodging. To do otherwise is to ensure that the apprentice falls into a life of crime.[xvii]

Around the beginning of the nineteenth century, as the industrial revolution continued, the number of apprenticeships drastically declined. But instead of the unruly apprentice, public fears towards the emerging idea of the juvenile criminal. From the 1830s onwards, it would be figures such as the Artful Dodger and the Wild Boys of London, homeless pickpockets with no master, and eventually the hooligan from the late nineteenth century, that would be society’s cause for concern.


References

Header Image: Illustration of Jack Sheppard from The Criminal Recorder 4 Vols. (London: Cundee, 1804-10). Author’s Collection.

[i] Daniel Defoe, ‘The History of the Remarkable Life of John Sheppard’ in Defoe on Sheppard and Wild, edited by Richard Holmes (London: Harper, 2004), p. 4.

[ii] Alexander Smith, A History of the Lives and Robberies of the Most Notorious Highwaymen, edited by Arthur Heyward (London: Routledge, 1927), p. 408.

[iii] Stephen Basdeo, ‘Robin Hood the Brute: Representations of the Outlaw in Eighteenth-Century Criminal Biography’ Law, Crime and History 6: 2 (2016), pp. 54-70.

[iv] John Richetti, cited in Lincoln B. Faller, Turned to Account: The Forms and Functions of Late-Seventeenth- and Early Eighteenth-Century Criminal Biography (Cambridge: Cambridge University Press, 1987), p. 45.

[v] Ibid.

[vi] The Criminal Recorder; or, Biographical Sketches of Notorious Public Characters 4 Vols. (London: Cundee, 1804-10), 3: 11.

[vii] Ibid.

[viii] Ibid.

[ix] The Criminal Recorder, 3: 11-12.

[x] Defoe, ‘The History of the Remarkable Life of John Sheppard’, p. 5.

[xi] The Memoirs of George Barnwell; the Unhappy Subject of Lillio’s Celebrated Tragedy (London: Sherwood, Neely & Jones, 1817), p. 7.

[xii] Charles Johnson, Lives of the Most Remarkable Criminals, edited by Arthur Heyward (London: Routledge, 1927), p. 439.

[xiii] John Gay, The Beggar’s Opera 3rd Edn. (London: J. Watts, 1729), p. 5.

[xiv] Joseph Addison, ‘Number Two’ in The Spectator, edited by Henry Morley (London: Routledge, 1891) [Internet <http://www.gutenberg.org/files/12030/12030-h/12030-h/SV1/Spectator1> Accessed 9 April 2017].

[xv] William Hickey, Memoirs of a Georgian Rake, edited by Roger Hudson (London: Folio Society, 1995), pp. 27-52.

[xvi] Johnson, Remarkable Criminals, p. 1.

[xvii] The Criminal Recorder, 3: 12-13.

Indicted for Publishing FAKE NEWS!!! The Trial of Alexander Scott

Given that the term “fake news” has recently been bandied around by some very prominent public figures on social media (hurled as a term of abuse at various media outlets, and usually in capital letters), I thought I might bring to people’s attention an interesting little court case from June 1778.

On 23 April 1778, Mr. Alexander Scott, a bill poster was dutifully going about his job of sticking public proclamations to walls in one of the public marketplaces in London when he was stopped by a man who alleged that he came from the King’s Stationers and desired him to stick up some Bills. Scott was assured that he would be paid handsomely for it, and so he assented. The Bill read thus:

In Pursuance of his Majesty’s order in Council to me directed, these are to give public notice that war with France will be proclaimed on Friday next, the 24 instant, at the Palace Royal, St. James’s, at one of the clock [… Signed] D. M. Effingham.[i]

This was false news. The government was not intending to declare war on France.

At this news, the whole of London apparently became very alarmed, and the price of stocks and shares fell drastically. Scott, of course, simply carried on doing his job. After all, one did not refuse a commission from the Royal Printing House. So the next day more copies of this proclamation went up, causing further panic. Scott was observed sticking the proclamations up by two men from the Royal Exchange (the eighteenth-century equivalent of the stock market) named Richard Willis and Thomas Thorn. They instantly summoned a Constable and Scott was arrested and, rather dramatically, charged with High Treason (a crime which at that point still warranted the death penalty). The charge read that Alexander Scott did:

Unlawfully, wickedly, and maliciously, publish false news, whereby discord, or occasion of discord, might grow between our Lord the King and his people, or the great men of the realm, by publishing a certain printed paper, containing such false news.[ii]

The Bill had been supposedly signed by the Deputy Marshall of England, the Earl of Effingham, who was also summoned to the trial. Effingham declared that he certainly had known nothing about these bills, and that whoever put his name to them is guilty of forgery.

Luckily for Scott, nobody believed that he was the orchestrator of this falsehood. After having received the proclamations, he went to see his friend, Josiah Roe, who owned a public house. Roe’s witness statement records that:

Pulling out one of the bills, [Scott] said, “what do you think of the war now? I have bills to stick up; it is to be proclaimed on Friday.”[iii]

To which Mr Roe replied:

“Sure nobody has deceived you?”[iv]

But of course, Scott had received the papers from the King’s printer, had he not? Nobody would print such falsehoods.  Luckily for Scott, the jury agreed, like most of the witnesses and even the arresting Constable, that Scott was just the innocent victim of a malicious prank.

Scott’s trial occurred in the first week of June. But the irony is that, had the trial have taken place in the last week of the month Scott would have been guilty of nothing, for Britain did indeed declare war on France a few weeks later as America’s ally in their war of independence.


References

[i] The New Newgate Calendar; or, the Malefactors’ Bloody Register 5 Vols. (London: A Hogg [n.d.]), 5: 284

[ii] The New Newgate Calendar; or, the Malefactors’ Bloody Register, p.284.

[iii] The New Newgate Calendar; or, the Malefactors’ Bloody Register, p.288

[iv] Ibid.

Book Review: “The Art of Law: Three Centuries of Justice Depicted” (2017)

Stefan Huygebaert et al (eds.), The Art of Law: Three Centuries of Justice Depicted (Tielt: Lannoo, 2016), 205pp. ISBN9789401440417 RRP £20.

This lavishly illustrated book is related to a recent exhibition at the Groeningemuseum in Brugge, Belgium. The aim of the exhibition was to give an overview of how justice and the workings of the law have been depicted in European high art between the medieval and early modern periods. To this end, the Groeningemuseum displayed paintings from its own collection, such as the fifteenth-century work by Gerard David, Het Oordeel van Cambyses (“The Judgement of Cambyses”), as well as rare manuscripts, books, and artefacts. The exhibition was then supplemented by an academic conference on the theme of law and justice in art which is currently a neglected area of scholarship.[i]

The introduction by Georges Martyn is highly informative, prefacing the ensuing case studies by raising several interesting points about the reason why art and architecture is highly important to the operation of the law:

Throughout history, law and justice have been surrounded by an aura of sacredness. To judge is to exercise power […] in the 19th– and 20th-century courts of law, architecture played a vital role in legitimising authority. With their richly decorated rooms and the impressive robes of the togati, these ‘Temples of Themis’ inspired awe […] Art depicting law and justice helped to legitimise the power of the courts.[ii]

It was recognised at the time that artistic depictions of the law helped to shore up the power of the ruling elites. This is why, after all, many of the paintings displayed at the exhibition were often commissioned by Magistrates and other public officials, and it had become common practice to exhibit these paintings within official buildings.[iii]

The book is divided into a series of case studies by various authors, each of which analyses a particular painting or object and discusses it in its historical context. One interesting essay in the collection is Vanessa Pauman’s discussion of the afore-mentioned Het Oordeel van Cambyses. This painting was commissioned by the Magistrates of Bruges but was not intended to awe offenders with a sense of the power and glory of the workings of the law. Rather, as Paumen points out, it was a moral message for the judges who passed sentences. The painting tells the story of a judge who served the King of Persia. The judge, Cambyses, had been accepting bribes from offenders and thus ‘had tainted his noble profession’.[iv] As punishment, the King ordered Cambyses to be flayed alive, and had his skin to decorate the judges’ chair as a permanent reminder of the sacredness of their profession.

judgment-of-cambyses
The Judgement of Cambyses. Oil on Canvas. Groeninngemuseum.

Additionally, in the medieval and early modern periods, the idea of earthly justice was intertwined with that of divine justice. Societies in those ages were, of course, more religious. While the Last Judgement features heavily in a lot of art, Georges Martyn also picks examines other lesser-known Biblical episodes which featured in a visual representations of justice. For example, Francis Floris I’s The Judgement of Solomon (1547) was exhibited in Antwerp City Hall in order to provide public officials with an example of the difficulties of trying to judge a case when it is a matter of one person’s word against another. Works such as Het Oordeel van Cambyses and The Judgement of Solomon remind us that the representation of justice is not always about aweing commoners into submission.

Other highlights include Jos Monballyu’s discussion of paintings depicting the Flemish jurist, Joos de Damhauder (1507-1581). The man was a ‘celebrity’ public official: the author of a highly influential law treatise entitled Practycke Criminele (1570), and appeared in numerous contemporary prints. Another highlight in the collection of essays is Stefan Huygebaert’s discussion of the uses of the sword in images of justice. The reason that recognisable figures in the iconography of the law carry a sword, we are told, is because such images draw upon images of Christ from the book of revelation. The sword carried by images of Lady Justice symbolises not only a willingness to judge (as Christ does at the Last Judgement), but also a willingness to protect the weak and vulnerable.

The book focuses heavily on paintings and prints, but one thing that could have enhanced this work is if it had discussed more artefacts. Huygebaert and Kristel Van Audenaeren co-author a chapter on a fifteenth century silver sculpture shaped like a fist and called, perhaps unsurprisingly, The Fist of Justice (there appear to be no public domain images of this and therefore I cannot show it). Such pieces were known as ‘penalty pieces’, imposed upon wealthy offenders who had committed violent acts and exhibited in the courtroom for future offenders to see. This was a person’s way of ‘giving something back to society’, so to speak. In spite of the highly interesting history of this and similar objects given by Huygebaert and Audenaeren, however, the subsequent chapters revert to discussing paintings.

floris-last-judgement
Frans Floris, The Judgement of Solomon. Oil on Canvas. Antwerp: Museum von Schone Kunsten.

Although this is an academic book, at twenty pounds it is relatively affordable when compared to the standard monograph price of approximately seventy pounds. The subject matter will render it useful to both researchers and students interested in the visual representation of the law, a sub-discipline of art, crime and legal history that is gaining ground. Moreover, its highly visual content will, furthermore, render the book popular with general readers interested in legal and crime history.


Notes

[i] In Britain, Plymouth University recently held a conference with a similar theme entitled ‘A Time of Judgement: The Operation and Representation of Judgement in 19th Century Cultures’ at which I gave a paper, although the focus at this conference was literature rather than art and material culture.

[ii] Georges Martyn, ‘Divine Judgement, Worldly Justice’ in The Art of Law: Three Centuries of Justice Depicted ed. by Stefan Huygebaert et al (Tielt: Lannoo, 2016), pp.15-28 (p.15).

[iii] Vannessa Pauman, ‘The Skin of the Judge: The Judgment of Cambyses’ in The Art of Law: Three Centuries of Justice Depicted ed. by Stefan Huygebaert et al (Tielt: Lannoo, 2016), pp.81-91 (p.91).

[iv] Ibid.

Oleksa Dovbush (1700-1745): Robin Hood of the Ukraine

[Header Image (c) Internet Library of Ukraine]

While England has given the world the archetypal image of the noble robber in the form of Robin Hood, one of the things that I have been doing recently is to look at other Robin Hood figures from across the world. Oleksa Dovbush (1700-1745) is one such Robin Hood type of figure who flourished in eighteenth-century Ukraine.

A large part of what is now Ukraine during the eighteenth century was a part of the Polish Lithuanian Commonwealth. The Commonwealth was a power to be reckoned with during the sixteenth and seventeenth centuries, but by the period that Dovbush flourished the State was beset by a weak economy. It was also, relatively speaking, a little backward: while states such as the Kingdom of Great Britain had embraced mercantile capitalism and had not been feudal for a long time, the Polish-Lithuanian Commonwealth still was.[i]

It is in such primitive societies (I use the word ‘primitive’ here in Eric Hobsbawm’s sense to describe a state that has not developed beyond the feudal stage of society), that banditry flourishes. If one looks at the history of Eastern and South-Eastern Europe during the early modern period, it will readily be recognised that there were a great many bandits. Haiduks, Robin Hood type outlaws who stole from the rich and gave to the poor, flourished in the Balkans. Like England’s famous medieval outlaw, the haiduk’s deeds were told in the form of ballads that circulated among the peasantry.[ii] The most famous Eastern European bandit, Janosik (1688-1713), who was more of a Rob Roy than a Robin Hood, flourished in Eastern Europe around the same time as Dovbush.[iii]

As with most historical bandits and other marginal figures, little is known of his early life. He was born in 1700 in Pechenizhyn to a very poor family (the family’s property amounted to owning just several sheep, and they had to rent their humble dwelling, known as a komorah, from a local lord). We do not know what drove Dovbush to become an outlaw, or a part of the opryshky, as the records do not tell us. Although the corresponding term to opryshky in English is ‘outlaw’, it signified much more than simply ‘thief’ or ‘robber’: these men were perceived as freedom fighters who challenged the existence of the Polish feudal state. In concert with his brother, Ivan, Dovbush and his men raided Polish noblemen and their retinues along on the narrow ridge off Mount Chornohora.[iv] His weapon of choice was an axe. Like Robin Hood, in all of their exploits he and his men stole from the rich to give to the poor.

As is often the case in feudal societies, the Lords held all the power. While there were undoubtedly a great many good lords, there were, unfortunately, many who abused their powers. Eric Hobsbawm points out one instance where Dovbush and his men attacked the house of a local Polish nobleman named Konstantin Zlotnicky:

He held his hands in the fire and let them burn, poured glowing coals on his skin and refused any ransom. “I have not come for your ransom but for your soul, for you have tortured the people long enough”.[v]

oleksa
Commemorative Ukrainian Print

The monks who recorded this episode noted that this particular nobleman was notorious for his cruelty. As a result of his fight against the Polish nobles, the state sent the army into the region that he was known to flourish in. Yet they could not catch him. There are a number of accounts as to how he was finally caught: some sources say that a woman betrayed him, others say that his brother, Ivan, betrayed him. More likely it is that it was a bounty hunter hired by the nobles who tracked him down and killed him. Apparently, when the bounty hunter found him a fierce fight ensued. This was to be his last fight – Dovbush was killed and his body was cut up into twelve pieces and hung in several places so as to warn off any peasants who might be tempted to follow in his footsteps.[vi]

dovbush-rocks
Dovbush Rocks in the Ukrainian Carpathians

His memory lives on in Ukraine in much the same way that Robin Hood is still known to people in the Western World today. He has become a folk hero. Ballads about him are still sung by the poorer classes, and the Dovbush rocks in the Carpathian mountains, where he and his gang were said to live, are visited by many tourists each year.


References

[i] The history of the region has recently been covered in excellent detail by Paul R. Magocsi, A History of Ukraine: The Land and Its Peoples 2nd Edn. (Toronto: University of Toronto Press, 2010).

[ii] Bodgan Vlad Vatavu, ‘The World of the Haiduks: Bandit Subcultures in the 19th-Century Romania and their Ballads’ Revista de Etnografie Si Folclor / Journal of Ethnography and Folklore Nos. 1-2 (2016), pp.139-164.

[iii] There is little scholarly literature in English for Janosik, so it is best to either read Eric Hobsbawm, Bandits (London: Penguin, 1969) or visit the following website: The Polish Robin Hood [Internet <http://www.krykiet.com/janosik_robin_hood.htm> Accessed 19 February 2017].

[iv] Larisa Failkova, ‘Oleksa Dovbush: An Alternative Biography of the Ukrainian Hero Based on Jewish Sources’ Fabula 52: 1-2 (2011), pp.92-108

[v] Eric Hobsbawm, Bandits rev. ed. (London: Abacus, 2000), p.50.

[vi] Failkova, ‘Oleksa Dovbush’, p.95.

Charles Kinnaister: Executed for the Murder of Australian Aborigines (1838)

Broadly speaking, criminals fall into three types: heroes, buffoons, and brutes.[i] The categories are just as applicable to the eighteenth and nineteenth centuries as they are today – ‘heroes’ would be men like Ronnie Biggs, the Great Train Robber of 1963, buffoons would be the types of offender featured in television shows such as America’s Dumbest Criminals (1996-2000), while the ‘brutes’ would include people such as Geoffrey Dahmer (1960-1994). This website usually deals with the criminal-as-hero types: outlaws and highwaymen whose crimes fall under the category of what Eric Hobsbawm calls ‘social banditry’,[ii] although I have featured the cannibal Sawney Beane whose story was inspiration behind the popular horror movie, The Hills Have Eyes (1977). It is about a set of brutes, or ‘monsters in human shape’,[iii] who were executed in nineteenth-century New South Wales that we turn our attention to today.[iv]

Outside of academia, the history of British colonialism is usually conceived of as one in which the colonisers – the British – committed atrocities against the indigenous population without any consequences. That the British were responsible for some ghastly humanitarian crimes during the time that they had an empire is certainly true, but the colonisers’ hands were not completely free to do as they pleased, as the execution of Charles Kinnaister and his men in 1838 for the murder of Australian aborigines illustrates.

cooks-map
Cook’s Map of the Coast of New South Wales and Botany Bay (1770)

A penal colony was established at New South Wales in 1788 following the “discovery” of the region in the 1770s by Capt. James Cook. Britain’s criminals, which previously had been shipped off to the Americas, as the eponymous title character of Daniel Defoe’s Moll Flanders (1722), were now shipped off to Australia instead, a decision no doubt arrived at after the American colonies had declared their independence from Britain in 1783.

Charles Kinnaister, and his accomplices, William Hawkins, James Parry, Edward Foley, James Cates, John Russell, and John Johnson had all been transported in 1837. While transportation was designed to be a punishment, one of the ideas behind it was that some of the felons transported could serve as labourers for the local citizens, and thereby help to build up the colony. The men alluded to above were set to work as shepherds to a family of landowners in New South Wales.

One day, in the course of their duties, the men, along with one native free man called John Fleming (who, as Jillian Barnes notes, is usually left out of accounts of these murders)[v] rode beyond their masters’ lands and encountered a group of Australian aborigines. There were thirty of them in total. Kinnaister and his crew,

Tied them together with a rope, with the exception of one woman. This was done without a word being uttered, and with a cool and bloody determination. When all were thus secured, one end of the rope was tied around the body of the foremost of the murderers, who, having mounted his horse, led the way, dragging the terrified group after him, while his infamous companions guarded them on all sides.[vi]

The victims were dragged some distance and were then butchered with knives and swords,

‘Till all lay a lifeless mass, in death clinging to each other in the throes of natural affection’.[vii]

The murderers attempted to conceal their crimes as best they could by setting alight to the bodies. But after the fire died down, fragments of bones remained.

A professional police force in Britain had only been recently established in 1829, and the detective agency would not be established until 1842. Needless to say, policing and detection in the colonies was oftenn less efficient than it was in Britain. At this time period, Europeans still believed that God directly intervened in the detection and punishment of murderers. It is a belief expressed in the account of this crime in The Chronicles of Crime (1841); despite the men’s attempts to conceal their foul deeds,

The vengeance of providence was not to be thus thwarted; and although for a time these miscreants imagined they had effectually disguised their horrible work, circumstances led to their detection and apprehension.[viii]

It was birds that brought about these men’s arrest. After the murders, birds of prey were seen circling the place where the outrage had been committed. Some stock-men went to investigate and found the half-burnt carcases. Kinnaister and his accomplices were immediately suspected, owing to their past conduct, and upon examination the men admitted everything they had done.

The most ‘whole’ body that was left unburnt by the men was that of an indigenous man named ‘Daddy’. So it was for his murder that the men were indicted for. The next part of the story is where the racial prejudice in the minds of some of the colonialists becomes most apparent. Despite Kinnaister’s and his men’s admission of guilt, and the strong circumstantial evidence against them, an association was formed by some of the rich colonists to get the men acquitted. The best legal counsel was hired, and the defence lawyers argued that the murders were necessary because

They had been formed with the ostensible project of preserving the property of the settlers from the incursions of the [natives].[ix]

The defence convinced the jury, who found the men Not Guilty. It was a case of blatant racial prejudice, something which was acknowledged at the time. Camden Pelham, who recorded this event a few years later in The Chronicles of Crime, expresses his regret and shame that racial prejudices contributed to the acquittal.[x]

The prosecution did not rest, however, and two months later arraigned the men again, and this time they were justly found Guilty by the jury. The vile criminals were then hanged on 15 December 1838.


References

Header Image: Kinnaister and his Accomplices Murder the Aborigines. From Camden Pelham, The Chronicles of Crime (London, 1887), p.473.

[i] Lincoln B. Faller, Turned to Account: The Forms and Functions of Criminal Biography in Late Seventeenth- and Early Eighteenth-Century England (Cambridge: Cambridge University Press, 1987), p.54.

[ii] Eric Hobsbawm, Bandits (London: Pelican, 1969).

[iii] Camden Palham, The Chronicles of Crime; or, The New Newgate Calendar. Being a Series of Memoirs and Anecdotes of Notorious Characters who have Outraged the Laws of Great Britain from the Earliest Period to 1841 (London: T. Tegg, 1841; repr. London: T. Miles, 1887), p.472.

[iv] Scholarship on this case includes the following articles: Patsy Withycombe & Jillian Barnes, ‘Representation and Power: A Picture is Worth a Thousand Words – “Australian Aborigines Slaughtered by Convicts” 1841’ Journal of Australian Indigenous Issues 18: 2 (2015), pp.62-67.

[v] Barnes, ‘Representation and Power’, p.67.

[vi] Pelham, Chronicles of Crime, p.473.

[vii] Ibid.

[viii] Ibid.

[ix] Ibid.

[x] Ibid.