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).

Terry 3
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.

Terry 2
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.

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.

My Forthcoming Book: “The Lives and Exploits of the Most Noted Highwaymen, Rogues, and Murderers” (2018)

In addition to my PhD thesis entitled ‘The Changing Faces of Robin Hood, c.1700-c.1900’ and my forthcoming book, The Mob Reformer: The Life and Legend of Wat Tyler (2018), I have also been contracted to author another book entitled The Lives and Exploits of the Most Noted Highwaymen, Rogues, and Murderers which is due to be published by Pen & Sword Books in September 2018.

The book aims to resurrect the format of eighteenth-century criminal biographies such as those by Alexander Smith and Charles Johnson, who authored books such as A History of the Lives and Robberies of the Most Notorious Highwaymen (1714) and Lives of the Most Noted Highwaymen (1734) respectively.

It is envisaged as a cultural history of crime, being a readable and scholarly compendium of short biographies of the most notorious thieves, reprobates, rogues, and murderers throughout history. I will discuss whether Robin Hood was a real person, and I will introduce readers to Sawney Beane, the seventeenth-century Scottish cannibal whose story inspired the movie The Hills Have Eyes (1977).

The book will also contain several appendices such as a Dictionary of Thieves’ Cant, as well as several poems on highwaymen from historical works, such as the following one from William Harrison Ainsworth’s Rookwood (1834):

Of every rascal of every kind,

The most notorious to my mind,

Was the Cavalier Captain, gay Jemmy Hind

Which Nobody Can Deny

But the pleasantest coxcomb among them all,

For lute, oranto and madrigal,

Was the galliard Frenchman, Claude DuVall

Which Nobody Can Deny […]

Nor could any so handily break a lock,

As Sheppard, who stood on Newgate Dock,

And nicknamed the gaolers around him his flock

Which Nobody Can Deny

Nor did the highwayman ever possess,

For ease, for security, danger, distress,

Such a mare as Dick Turpin’s Black Bess! Black Bess!

Which Nobody Can Deny.

Having over the years also built up a collection of penny dreadfuls and criminal biographies, the book will also be profusely illustrated throughout with images taken from these rare items.

Below is a copy of the blurb which will appear on the back of the book:

“For as long as human societies have existed there have always been people who have always transgressed the laws of their respective societies. It seems that whenever new laws are made, certain people find ways to break them.

“This book will introduce you to some of the most notorious figures, from all parts of the world, who have committed heinous crimes such as highway robbery, murder, and forgery.

“Beginning with Bulla Felix, the Roman highwayman, this book traces the careers of medieval outlaws such as Robin Hood. Early modern murderers make an appearance such as Sawney Beane, whose story inspired the horror movie The Hills Have Eyes (1977). There is Jack Sheppard, an eighteenth-century criminal who escaped from prison on several occasions, and the ruffian Dick Turpin. There is the Scottish freedom fighter Robert Roy MacGregor, who was immortalised in Walter Scott’s Rob Roy (1817), as well as the Eastern European outlaw Janosik. Australian bushrangers such as Ned Kelly and the American Jesse James also make an appearance, along with many others whose names have become synonymous with crime and roguery.

“This book also includes an appendix of seventeenth- and eighteenth-century thieves’ canting language, as well as several historical poems, songs, and ballads relating to the subjects discussed, and the work is prefaced with an essay highlighting the significance of crime literature throughout history.”

Further updates will follow.