Книга - The Invention of Murder: How the Victorians Revelled in Death and Detection and Created Modern Crime

The Invention of Murder: How the Victorians Revelled in Death and Detection and Created Modern Crime
Judith Flanders


“We are a trading community, a commercial people. Murder is doubtless a very shocking offence, nevertheless as what is done is not to be undone, let us make our money out of it.” Punch.Murder in nineteenth-century Britain was ubiquitous – not necessarily in quantity but in quality. This was the era of penny-bloods, early crime fiction and melodramas for the masses. This was a time when murder and entertainment were firmly entwined.In this meticulously researched and compelling book, Judith Flanders, author of Consuming Passions, takes us back in time to explore some of the most gripping, gruesome and mind-boggling murders of the nineteenth-century. Covering the crimes (and myths) of Sweeney Todd and Jack the Ripper, as well as the lesser known but equally shocking acts of Burke and Hare, and Thurtell and Hunt, Flanders looks at how murder was regarded by the wider British population – and how it became a form of popular entertainment.Filled to the brim with rich source material – ranging from studies of plays, novels and contemporary newspaper articles, A Social History of Murder brings to life a neglected dimension of British social history in a completely new and exciting way.









JUDITH FLANDERS

The Invention of Murder

How the Victorians Revelled in Death and

Detection and Invented Modern Crime








For Susan and Ellen without whom …




CONTENTS


Cover (#u53dfad48-e89c-5275-bfae-f10c4fd78e08)

Title Page (#u7af3a250-5854-5472-b7c4-bdad1684b83c)

TEXT ILLUSTRATIONS (#ue847dbe8-520b-563e-bb2c-5f6bec749576)

A NOTE ON CURRENCY (#u1be6c281-2c1a-5392-b5e6-9983fa77ec97)

ONE Imagining Murder (#ub0fe3826-216f-5fc9-93d9-2b4038ae46f1)

TWO Trial by Newspaper (#u0f548967-8f4b-5d19-a255-eaeb0702a2eb)

THREE Entertaining Murder (#u03aa23b5-6ea7-530e-ba2e-20e6ab697559)

FOUR Policing Murder (#ue864b63e-879a-5d16-9375-952515651eeb)

FIVE Panic (#litres_trial_promo)

SIX Middle-Class Poisoners (#litres_trial_promo)

SEVEN Science, Technology and the Law (#litres_trial_promo)

EIGHT Violence (#litres_trial_promo)

NINE Modernity (#litres_trial_promo)

NOTES (#litres_trial_promo)

SOURCES (#litres_trial_promo)

SELECT BIBLIOGRAPHY (#litres_trial_promo)

INDEX (#litres_trial_promo)

ACKNOWLEDGEMENTS (#litres_trial_promo)

By the same author (#litres_trial_promo)

Copyright (#litres_trial_promo)

About the Publisher (#litres_trial_promo)




TEXT ILLUSTRATIONS (#ulink_936116b8-bc10-532e-bb4e-bd68062f77f7)


‘The funeral of the murdered Mr. and Mrs. Marr and infant son’, broadside of c.1811. (Bodleian Library, University of Oxford: John Johnson Collection/JJ Crime 10[13])

‘The public Exhibition of the Body of Williams’, from The New Newgate Calendar, Vol. V by Andrew Knapp and William Baldwin, c.1826.

‘The pond in the garden, into which Mr. Weare was first thrown’, from Pierce Egan’s Account of the Trial of John Thurtell and Joseph Hunt, 1824.

‘Execution of William Corder at Bury, August 11 1828’, from An Authentic and Faithful History of the Mysterious Murder of Maria Marten by J. Curtis, 1828.

‘Elegiac Lines on the Tragical Murder of Poor Daft Jamie’, broadside of 1829. (National Library of Scotland, Ry.III.a.6[017])

‘New’ policeman, from a song-sheet c.1830. (Mary Evans Picture Library)

‘Apprehension of the Murderer of the Female whose Body was found in the Edgware Road in December last’, broadside of 1837. (Bodleian Library, University of Oxford: John Johnson Collection/JJ Broadsides: Murder & Executions Folder 6[5])

‘Two sudden blows with a ragged stick and one with a heavy one’, illustration by William Harvey for ‘The Dream of Eugene Aram, The Murderer’ by Thomas Hood, 1831.

Playbill for Jim Myers’ Great American Circus at the Pavilion Theatre, June 1859, including Turpin’s Ride to York, or, The Death of Bonny Black Bess. (Theatre & Performance Collection, Victoria and Albert Museum, London/© V&A Images)

‘“Parties” for the gallows’, Punch cartoon, 1845.

‘Interior of the court-house, during the trial of Rush – examination of Eliza Chestney’, from the Illustrated London News, 7 April 1849. (Mary Evans Picture Library)

‘See, dear, what a sweet doll Ma-a has made for me’, Punch cartoon, 1850.

‘Madame Tussaud her wax werkes: ye Chamber of Horrors!!’, Punch cartoon, 1849.

‘Execution of the Mannings’, broadside of 1849. (Bodleian Library, University of Oxford: John Johnson Collection/JJ Crime 2[5])

‘The Telegraph Office’, from The Progress of Crime: or, Authentic Memoirs of Marie Manning by Robert Huish, 1849. (© The British Library Board. All rights reserved 2011)

‘Awful Murder of Lord William Russell, MP’, broadside of 1840. (Bodleian Library, University of Oxford: John Johnson Collection/JJ Broadsides: Murder & Executions Folder 10[29])

Advertisement for Dr. Mackenzie’s Arsenical Toilet Soap, 1898.

‘Sarah Chesham’s Lamentation’, broadside of c.1851. (Bodleian Library, University of Oxford: Firth c.17[261]) ‘Fatal facility; or, Poisons for the asking’, Punch cartoon, 1849. Thomas Griffiths Wainewright, self-portrait, from Janus Weathercock by Jonathan Curling, 1938.

‘Drs. Taylor and Rees performing their analysis’, from Illustrated and unabridged edition of the Times report of the trial of W. Palmer for poisoning J.P. Cook, 1856. (© The British Library Board. All rights reserved 2011)

‘The Life, Confession and Execution of Mrs. Burdock’, broadside of 1835. (© The British Library Board. All rights reserved 2011)

‘Copy of Verses on the Awful Murder of Sara Hart’, broadside of 1845. (© The British Library Board. All rights reserved 2011) Execution of Henry Wainwright, from Supplement to the Illustrated Police News, 21 December 1875. (Guildhall Library, City of London/The Bridgeman Art Library)

William Terriss and W.L. Abingdon in The Fatal Card, 1894. (Theatre & Performance Collection, Victoria & Albert Museum, London/© V&A Images)

‘Murder and mutilation of the body’, from The Alton Murder! The Police News edition of the life and examination of Frederick Baker, 1867. (© The British Library Board. All rights reserved 2011)

‘“Scott”, alias E. Sweeney, of Ardlamont mystery fame’, from the Graphic, 14 April 1849. (Mary Evans Picture Library)

Portrait of Mary Eleanor Wheeler (alias Pearcey), pencil, pen and ink drawing by Sir Leslie Ward, 1890. (© National Portrait Gallery, London)

‘Removing Lipski from under the bed’, from the Illustrated Police News, 9 July 1887.

‘Horrible London; or, The pandemonium of posters’, Punch cartoon, 1888.

‘With the Vigilance Committee in the East End’, from the Illustrated London News, 13 October 1888. (Mary Evans Picture Library)

Advertisement for ‘The Great Surprise Watch’ from M.J. Haynes & Co.’s Specialities,1889. (© The British Library Board. All rights reserved 2011)




A NOTE ON CURRENCY (#ulink_0b997403-d63c-53e9-839d-d6308b88995a)


Pounds, shillings and pence were the divisions of British currency in the nineteenth century. One shilling was made up of twelve pence; one pound of twenty shillings, i.e. 240 pence. Pounds were represented by the £ symbol, shillings as ‘s.’, and pence as ‘d.’ (from the Latin denarius). ‘One pound, one shilling and one penny’ was written as £1.1.1. ‘One shilling and sixpence’, referred to in speech as ‘One and six’, was written as 1s.6d., or ‘1/6’.

A guinea was a coin to the value of £1.1.0 (the coin was not circulated after 1813, although the term remained and tended to be reserved for luxury goods). A sovereign was a twenty-shilling coin, a half-sovereign a ten-shilling coin. A crown was five shillings, half a crown 2/6, and the remaining coins were a florin (two shillings), sixpence, a groat (four pence), a threepenny bit (pronounced ‘thrup’ny’), twopence (pronounced ‘tuppence’), a penny, a halfpenny (pronounced hayp’ny), a farthing (a quarter of a penny) and a half a farthing (an eighth of a penny).

Relative values have altered so substantially that attempts to convert nineteenth-century prices into contemporary ones are usually futile. However, the website http://www.ex.ac.uk/~RDavies/arian/current/howmuch.html is a gateway to this complicated subject.


‘We are a trading community – a commercial people. Murder is, doubtless, a very shocking offence; nevertheless, as what is done is not to be undone, let us make our money out of it.’

‘Blood’, Punch, 1842




ONE Imagining Murder (#ulink_fb9270f9-d77a-5fdd-941d-758c0208fe33)


‘Pleasant it is, no doubt, to drink tea with your sweetheart, but most disagreeable to find her bubbling in the tea-urn.’ So wrote Thomas de Quincey in 1826, and indeed, it is hard to argue with him. But even more pleasant, he thought, was to read about someone else’s sweetheart bubbling in the tea urn, and that, too, is hard to argue with, for crime, especially murder, is very pleasant to think about in the abstract: it is like hearing blustery rain on the windowpane when sitting indoors. It reinforces a sense of safety, even of pleasure, to know that murder is possible, just not here. At the start of the nineteenth century, it was easy to think of murder that way. Capital convictions in the London area, including all the outlying villages, were running at a rate of one a year. In all of England and Wales in 1810, just fifteen people were convicted of murder out of a population of nearly ten million: 0.15 per 100,000 people. (For comparison purposes, in Canada in 2007–08 the homicide rate was 0.5 per 100,000 people, in the EU, 1.8 per 100,000, in the USA 2.79, while Moscow averaged 9.6 and Cape Town 62 per 100,000.)

Thus, when on the night of 7 December 1811 a twenty-four-year-old hosier named Timothy Marr, his wife, their baby and a fourteen-year-old apprentice were all found brutally murdered in their shop on the Ratcliffe Highway in the East End of London, the cosy feeling evaporated rapidly. The year 1811 had not been kind to the working classes. The French wars had been running endlessly, and with Waterloo four years in the future, there was no sense that peace – and with it prosperity – would ever return. Instead hunger was ever-present: the wars and bad harvests had savagely driven up the price of bread. In the early 1790s wheat had cost between 48s. and 58s. a quarter; in 1800 it was 113s.

The murder of the Marrs, however, was more dramatic than the slow deaths of so many from hunger, or the faraway deaths of soldiers and sailors in unending war, and the story was soon everywhere. The Ratcliffe Highway was a busy, populous working-class street in a busy, populous working-class area near the docks. At around midnight on the evening of his death, Marr was ready to shut up shop. (Working-class shops regularly stayed open until after ten, to serve their clientele on their way home after their fourteen-hour workdays. On Saturdays, pay day, many shops closed after midnight.) The hosier sent his servant, Margaret Jewell, to pay an outstanding bill at the baker’s, and to buy the family supper. After paying the bill she looked for an oyster stall. Oysters were a common supper food, being cheap, on sale at street stalls and needing no cooking. The first stall she came to had shut up for the night, and looking for another she lost her bearings – before gas lighting streets had only the occasional oil lamp in a window to guide passers-by – and was away for longer than expected, returning around 1 a.m.* (#ulink_0e1aff02-d115-5285-b900-51703d2d37ae) She knocked; knocked again. She heard scuffling, someone breathing on the other side of the door, but no one opened it. She stopped the parish watchman on his rounds, telling him she knew the Marrs were in, she had even heard them, but no one was answering the door. He had passed by earlier, he said, and had tapped on the window to tell Marr that one of his shutters was loose. A man had called out, ‘We know it!’ Now he wondered who had spoken.

Their talking attracted the attention of Marr’s next-door neighbour, a pawnbroker. From his window he could see that the Marrs’ back door was open. With the encouragement of the neighbours and the watchman, he climbed the fence between the houses and entered (some reports say it was the watchman who entered). Whichever man it was, once inside he found a scene from a horror film. Marr and his apprentice were lying in the shop, battered to death. The apprentice had been attacked so ferociously that fragments of his brains were later found on the ceiling. Blood was everywhere. Mrs Marr was lying dead halfway to the door leading downstairs. The pawnbroker staggered to the front door, shouting, ‘Murder – murder has been done!’ and the watchman swung his rattle to summon help. Soon an officer from the Thames Division Police Office appeared. Meanwhile Margaret Jewell rushed in with a group of excited bystanders, looking for the baby. They found him lying in his cradle in the kitchen, his throat cut. Some money was scattered on the shop counter, but £150 Marr had tucked away was untouched. On the counter lay an iron ripping chisel, which seemed not to have been used; in the kitchen, covered with blood and hair, was a ship’s carpenter’s peen maul – a hammer with sharpened ends. A razor or knife must have been used on the baby, but none was found. Outside the back door were two sets of bloody footprints, and a babble of voices reported that a couple of men, maybe more, no one was quite sure, had been seen running away from the general direction of the Marrs’ house at more or less the right time.

In the morning, a magistrate from the Thames Division Police Office took over the case. An officer from the Thames Division Police Office had responded the night before, and therefore the magistrates at the Thames Office were now in charge. A magistrate ordered the printing of handbills offering a reward, and visited the site of the murder, where the bodies lay where they had fallen the night before.

He was not the only one. What might be termed murder-sightseeing was a popular pastime, and many went ‘from curiosity to examine the premises’, where they entered ‘and saw the dead bodies’. Inquests were held as quickly as possible after the event, usually at a public house or tavern near the scene of the crime. The bodies were left in situ for the jury to view. Until they had been, visitors traipsed through the gore-spattered rooms, peering not only at the blood splashes and other grisly reminders of the atrocity, but also at the bodies themselves.

For those who wanted a tangible souvenir, there were always broadsides, which were swiftly on sale on street corners. Broadsides had been around since the sixteenth century, but modern technology made their production easier, cheaper and quicker, and their distribution more widespread. A typical broadside was a single sheet, printed on one side, which was sold on the street for ½d. or 1d. Broadsides had their heyday before the 1850s, when newspapers were expensive. Most commonly, sheets were produced sequentially for each crime that caught the public’s imagination: the first report of the crime, with further details as they were revealed; the magistrates’ court hearing after an arrest; then the trial; and finally, and most profitably, a ‘sorrowful lamentation’ and ‘last confession’, usually combined with a description of the execution. These ‘lamentations’ and execution details were almost always entirely fabricated for commercial reasons: they found their readiest sale at the gallows, while the body was still swaying. For those who could not find a penny, pubs and coffee houses pinned up broadsides of popular crimes, to be read by customers as they drank. Other broadsides appeared in shop windows, frequently attracting crowds of bloodthirsty children.

One broadside, published before the Marrs’ inquest, which opened three days after the murders, reported that ‘the perpetrators are foreigners’, which could have done little to reassure readers in this dockyard area of town, filled with sailors from across the world. Another spent less time on the possible murderer, and more on the gory details and the rumours that were prevalent: that Mrs Marr had, several months before, discharged a servant for theft. ‘Words arose, when the accused girl is said to have held out a threat of murder. Mrs. Marr … gently rebuked her for using such language’; later Mrs Marr ‘remonstrated with her on her loose character and hasty temper’. Anyone with a penny to spare would get a fair idea of the crime and the latest news of the search for the murderer.

Those with a few more pennies could buy a pamphlet on the subject. These were available nearly as swiftly as the broadsides. One covered all the details of the inquest, so it was probably on sale within five days of the deaths. While the pamphlets looked more substantial at eight pages, much of their information was identical to that in the broadsides. In some, such similar wording is used that either they must have shared an author, or one was copied from the other. Mrs Marr again sacks her servant, who ‘is said to have held out a threat of murder. Mrs. Marr … gently rebuked her for using such language’; later she again ‘remonstrated with her on her loose character and hasty temper’. Now, however, we get the additional detail that the servant was leading a ‘prostituted life’. This is reinforced by a description of her clothes: ‘a white gown, black velvet spencer [jacket], cottage bonnet with a small feather, and shoes with Grecian ties’. No servant could afford such fashionable items: they were signs that her money was earned immorally.

Another way to savour the thrill of murder was to attend the funerals of the victims. Many people did so out of respect, as friends or as members of the same community. But far more did so out of curiosity. Still more read about them afterwards. Even four hundred miles away the Caledonian Mercury gave a detailed account of the funeral of the murdered apprentice: its readers were able to follow the precise path of the cortège as it travelled ‘from Ratcliffe-highway, through Well-close-square, up Well-street, to Mill-yard’. In Hull too newspaper readers followed the crowds that turned out for the Marrs’ triple funeral: ‘The people formed a complete phalanx from the [Marrs’] house to the doors of St. George’s church.’ The church itself was so crowded that the funeral procession could only enter ‘with some difficulty’. Then the paper gave the order of the procession, as was normally done for royal weddings and funerals, or the Lord Mayor’s parade:

The body of Mr. Marr;

The bodies of Mrs. Marr and infant;

The father and mother of Mr. Marr;

The mother of Mrs. Marr;

The four sisters of Mrs. Marr;

The only brother of Mr. Marr …

The friends of Mr. and Mrs. Marr.

Newspapers churned out stories, handbills circulated, witnesses were questioned. But none of this got any closer to finding the murderer or murderers. Then, like a recurring nightmare, twelve days after the Marrs’ deaths it all happened again. On 19 December a watchman found John Turner, half-dressed and gibbering with fear, scrambling down New Gravel Lane, a few hundred yards from the Ratcliffe Highway. He had gone to bed early at his lodgings above a public house. After closing time he heard screaming and he went part-way down the stairs, where he saw a stranger bending over a body on the floor. After a panicky attempt to leave via the skylight (he was so frightened he couldn’t find it), Turner tied his bedsheets together and slid out of the window into the yard, shouting, ‘They are murdering the people in the house!’ The watchman was quickly joined by neighbours, and they broke in through the cellar door to find, yet again, bodies lying with their heads beaten in and their throats cut. The body of John Williamson, the publican, was in the cellar; his wife Elizabeth had been in the kitchen with their servant Bridget. Only the Williamsons’ granddaughter, asleep upstairs, had escaped. Once more, money was scattered about, but little of value had been taken; once more, the escape was via the back door and over the yard fence.

The newspapers covered the story widely, but the information they gave was not terribly helpful. The Edinburgh Annual Register described John Turner as being ‘about six feet in height’, while The Times said he was ‘a short man’ with ‘a lame leg’. The Morning Chronicle described his ‘large red whiskers’, but thought he was ‘about five feet nine inches’ and ‘not lame’. Turner, therefore, was either tall, short, or in-between; he was lame, or possibly not; and he had large red whiskers, unless he didn’t. This was the description of a man who had stood in front of journalists at an inquest. Imagine how reliably the papers described the man briefly seen by Turner, or those who had been glimpsed running away from the Marrs’ house.

The police had no more idea where to look for the perpetrators of this new outrage than they had had after the deaths of the Marrs. They arrested plenty of people: people who were violent; people who looked in some way suspicious; people against whom a grudge was held. But one by one they were questioned and released.* (#ulink_4b2a046b-a30e-5897-b209-edba465b5984) In small communities criminals were usually revealed fairly swiftly; in areas with larger populations, handbills with descriptions of the wanted person and offers of rewards generally brought in information, frequently from fellow criminals who found this a convenient way of earning a bit of cash and removing a competitor at the same time. With no response to the initial reward offered after the murder of the Marrs, the only thing the magistrates could think to do was increase the sum. To the initial £50 reward, another £100 was added by the Treasury, and that was increased two days later to an astonishing £700 – a very comfortable middle-class annual income, the sign of increasing government anxiety, verging on panic. After the Williamsons were murdered, another 120 guineas was offered: twenty guineas to anyone who could identify the owner of the weapons, and 100 guineas more if that person were to be convicted of the murders.

One man, arrested on suspicion, attempted to turn king’s evidence, identifying eight men as his fellow murderers. Unable to come up with a motive, the newspapers attributed a love of wholesale slaughter to this mysterious gang. The gang theory was widely popular. A magistrate from the Thames Police Office wrote to his colleague at the Lambeth Street Office that the crime ‘gives an appearance of a gang acting on a system’, but to what end was not clear. Many were caught up: at one point seven men were held for questioning because ‘In the possession of one of them were found two shirts stained with marks very much resembling blood, and a waistcoat carrying also similar marks.’ The men turned out to be hop-pickers, and the stains were vine sap.

The first clue that led towards an arrest was noticed only on the day of the Williamsons’ murder, twelve days after the death of the Marrs, when it finally registered that the peen maul found in the kitchen had the initials ‘JP’ scratched on it. A handbill advertised this, and Mrs Vermiloe, the landlady of the Pear Tree Tavern, reported that her lodger, a Danish sailor named John Petersen, had left his tools in her care on his last shore leave. Petersen was at sea at the time of the murders, but his fellow lodger, John Williams, was said to have shaved off his whiskers the following day; furthermore, he had been seen washing his own stockings at the pump in the yard; and both he and another lodger, John Ritchen, knew Petersen. This was enough for an arrest. On 27 December the magistrates’ court was packed with eager spectators when the news came that Williams had committed suicide in his cell.

The immediate reaction was that the suicide was an outright confession. Anything that contradicted this comforting notion was pushed to one side. On reflection, the questions greatly outweighed the certainties. It was not even clear that John Williams’ name was John Williams – he had told the Vermiloes it was Murphy. Mr Vermiloe, the landlord, had been in prison for debt when his wife directed the police to Williams. The twenty-guinea reward for identifying the maul would pay off at least some of his debts, possibly all of them; how much weight could be given to her evidence? And two men at least had been at the Marrs’: the footprints of two men were found, and at least two men had been seen running down the road. Who were they? Vermiloe had used the maul to chop wood, and both it and the ripping chisel that was also found in the Marrs’ kitchen had been used as toys by his children in the yard – anyone could have taken them.

None of these questions was asked. Instead everyone agreed that they had long suspected Williams. One witness swore that, three weeks before the Williamsons were murdered, he had seen Williams with ‘a long French knife with an ivory handle’. No one else had ever seen that knife and Williams together, but the Gentleman’s Magazine reported that on 14 January 1812, miraculously, a lodger at the Pear Tree had found a blue jacket which he said had belonged to Williams, and it was reported that the inside pocket was marked, ‘as if a bloodstained hand had been thrust into it’. But bloodstains could not definitely be identified until the twentieth century – what the witness meant was that the stain was brown. Furthermore, no one else had seen Williams wear this jacket, nor was there any discussion about who might have had access to it during the period of the murders, or in the following month. Mrs Vermiloe turned it over to the police, at which point they returned to the Pear Tree, searched the house once more and found a clasp knife, ‘apparently dyed with blood’, hidden behind a wall. The Edinburgh Annual Register added that a pair of trousers had been found shoved down under the ‘soil’ in the privy in the Pear Tree yard, which ‘are spoken to very confidently by Williams’ fellow-lodgers’.

Half a century later, magazines were still reprinting these rumours, and creating new ones: ‘Williams was so notorious an infamous man, for all his oily and snaky duplicity, that the captain of his vessel, the Roxburgh Castle, had always predicted that. he would mount the gibbet.’ This comes from All the Year Round, Charles Dickens’ magazine, and Dickens was evidently fascinated by Williams, and in no doubt about his guilt. As well as commissioning this article, he owned an illustration of ‘the horrible creature’, and had also touched lightly on the subject in Dombey and Son (1847–48): when Captain Cuttle, who lives down by the docks, keeps his shutters closed one day, the neighbours speculate ‘that he lay murdered with a hammer, on the stairs’.

Meanwhile, the authorities had to decide how to respond to Williams’ death. Most immediately, they needed to show the local residents that he would not escape justice by his suicide. It would be another century before a British judge decreed that it is ‘of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done’, but the idea was already well understood. So on the last day of 1811, an inclined wooden platform was placed atop a high cart. Williams’ body was laid out on this, dressed in a clean white shirt (frilled, say some sources), blue trousers and brown stockings: in other words, in the neat, clean dress of a labouring man, although without a neck-handkerchief or hat, marks of decency and respectability. His right leg was manacled, as it would have been when he was in gaol. The maul was placed on one side of his head, the ripping chisel on the other.

At ten o’clock, a macabre and unprecedented procession set off at a stately walking pace. The head constable led the way, followed by

Several hundred constables, with their staves …

The newly-formed Patrole [sic], with drawn cutlasses.

Another body of Constables.

Parish Officers of St. George’s and St. Paul’s, and Shadwell, on horseback.

Peace Officers, on horseback, Constables.

The High Constable of the county of Middlesex, on horseback

THE BODY OF WILLIAMS …

A strong body of Constables brought up the rear.

Crowds lined the route; more watched from windows and even the rooftops. Shops were shut, blinds drawn as a mark of respect to the Marrs and the Williamsons. The cart travelled first to the Ratcliffe Highway, where it stood for a quarter of an hour outside the Marrs’ house. An enraged member of the public climbed onto the cart and forcibly turned Williams’ head towards the house, to ensure that the murderer was brought face to face with the scene of his crime. Then the procession travelled on to New Gravel Lane, where again the cart rested outside the death site. Finally it processed to Cannon Street, on the edge of the City, and paused again. Then a stake was driven through Williams’ heart (some reports say hammered home by the fatal maul), and his body was tumbled into a grave – some sources say a large one, so he could be tossed in; others that it was purposely made too small and shallow. Either way, the intention was to show deliberate disrespect. The crowd, which had so far watched in almost total silence, howled to see the last of the man who had killed seven people – half as many as had been murdered in the entire previous year throughout England and Wales.

This was not the last the world was to see of John Williams. Bodily, he reappeared in 1886, when workmen laying a gas pipe in what was now the heart of the City dug up a skeleton with a stake through its heart. Rumour later had it that at some point Williams’ skull appeared in the keeping of the publican ‘at the corner of Cable Street and Cannon Street Road’. In 1886 the Pall Mall Gazette further reported that Madame Tussaud’s waxworks had a ‘beautifully executed’ portrait of Williams, drawn from life by Sir Thomas Lawrence. But when precisely had Lawrence seen Williams? In the two days between his arrest and suicide? Or perhaps in his final, cart-top appearance?

Williams was to cast a longer shadow on the mental attitudes to crime and crime prevention in the nineteenth century than his skeletal remains could do physically. His ghost made several appearances in Parliament in the months that followed his death. The government was slower than the public to embrace the solution of Williams as the sole murderer. In a debate, the radical MP William Smith simply assumed that the crimes had been committed by ‘a gang of villains, of whom few or no traces had yet been discovered’. The Prime Minister, Spencer Perceval, agreed with him.* (#ulink_3dac5fda-956b-575b-b492-fb68ad561a97) The case ‘was still wrapped up in mystery. It undoubtedly seemed strange that a single individual could commit such accumulated violence.’

It was not the mystery that troubled the politicians; it was that policing throughout London was now seen to be completely inadequate. The city was still eighteen years away from establishing a centralized police force, and relied on a patchwork of overlapping organizations that had developed independently. By 1780 there were 800,000 inhabitants living in London’s two hundred parishes, which were responsible for the watch and policing, and also for lighting, waste disposal, street maintenance and care of the poor. But nothing was straightforward: Lambeth parish had nine trusts responsible for street lighting, St Pancras eighteen for paving; by 1800 there were fifty London trusts charged with maintaining the turnpike roads alone. In 1790, a thousand parish watchmen and constables were employed by seventy separate trusts. And even twenty years before that, in a city that was then much smaller, Sir John Fielding, the famous Bow Street magistrate, had warned Parliament that ‘the Watch. is in every Parish under the Direction of a separate Commission’, which left ‘the Frontiers of each Parish in a confused State, for that where one side of a street lies in one Parish, the Watchmen of one Side cannot lend any Assistance to [a] Person on the other Side, other than as a private Person, except in cases of Felony’.

In 1792, in a preliminary attempt to rationalize this motley collection of responsibilities, the Middlesex Justice Bill was passed, creating seven metropolitan police offices, each to be staffed by three magistrates and six constables, with at least one magistrate in each of the offices having legal qualifications (previously magistrates had simply been men of a certain status and level of wealth). In 1798 a privately funded force was set up to police the river and docks, paid for by the local West Indies merchants. In 1800 this force was taken over by the magistrates, and named the Thames River Police, with its own magistrate, Patrick Colquhoun.

By the end of the eighteenth century, with the population of London approaching a million, crime prevention was the responsibility of fifty constables and eight Runners at Bow Street magistrates’ court and the seven police offices, plus a thousand additional constables and two night-time Bow Street patrols of 122 men. There were also 2,000 parish watchmen, who covered the 8,000 streets of London after dark. Some indication of the attitudes towards these two groups of men can be seen from their pay. The Bow Street patrols were paid between 17s.6d. and 28s. a week; by contrast, many watchmen received a beggarly 4s.11d. Colquhoun commented on the contempt that was shown these forces: ‘It is an honourable profession to repel by force the enemies of the state. Why should it not be equally so to resist and to conquer these domestic invaders of property, and destroyers of lives who are constantly in a state of criminal warfare?’

The answer was that this ‘honourable profession’ was shrouded in mystery, and what people did know of it, they despised, the prevailing mental image being not a law-enforcer, but more a law-breaker: the eighteenth-century thief-taker, the criminal turncoat. That was about to change, partly through the publication of the memoirs of the French detective Eugène Vidocq (1775–1857). Vidocq had started his career as a not terribly successful criminal. After a number of convictions, he became a police spy, or informer, working secretly for the government while still in prison. In 1811 he was one of four ex-convicts to be made a detective, and in 1812 he became the head of the newly created Brigade de Sûreté, with thirty men under his command. None of this would have been of more than passing interest in Britain, had it not been for his Mémoires, which in translation swiftly became a best-seller.

It is almost certain that Vidocq did not write his own Memoirs. Nor can they truly be called biography. The last two volumes borrow wildly from a variety of sources, including a short story previously published by one of his ghost writers, while entire passages are blatantly lifted from The Police of London, a work of policy reform by Patrick Colquhoun, with French place names substituted for Colquhoun’s original English ones. Nonetheless, the Memoirs were brilliant PR, with Vidocq transformed from an old-style thief-taker to a sympathetic outlaw, and then to a new thing altogether – both in literature and in life – a detective, although what he described barely resembled what was later to be known as detection (and it would be another twenty years before the word itself was invented). For the moment, Vidocq merely intensified the spy system of the Revolution, keeping extensive records on known criminals and paying informants. Mostly in the Memoirs he disguises himself and hangs about in low haunts in order to overhear criminals plotting, or just bribes someone to tell him about a planned crime, which he then foils.

Vidocq’s Memoirs found a ready audience, and, more importantly for popular recognition, in 1829 they were adapted in two theatrical versions: at the Coburg Theatre, as Vidocq, the French Police Spy, by J.B. Buckstone; and, just down the road from the Coburg, at the Surrey, in Douglas Jerrold’s rival version, with only an exclamation point’s difference: Vidocq! the French Police Spy. That year the words ‘police spy’ had particular resonance, as Home Secretary Sir Robert Peel finally managed to finesse through Parliament the Act that created the Metropolitan Police, replacing the old parish watch system and creating what has been called the first professional police force.* (#ulink_5d7f49c6-d0c5-5fc1-b30a-b37dcec3fef9)

Three decades earlier, Colquhoun had written, ‘Police in this country may be considered as a new science, the properties of which consist not in the Judicial Powers which lead to Punishment, and which belong to the magistrates alone, but in the Prevention and Detection of crimes.’ This, today so routine, was groundbreaking, in a single sentence setting policing on an entirely new track: that it was a professional job; that it and the legal system were two different arenas; and that it should be preventative, acting prior to the commission of criminal acts. John Fielding, a remarkable magistrate, had, it is true, begun to move towards detection when he set up a ‘Register of Robberies, Informations, Examinations, Convictions, suspicious Book [sic], and Newgate Calendars’ – that is, not a register of crimes only, but of potential criminals and potential crime. But for the most part, prosecution after the commission of a crime was all that was expected. This had been fairly efficient in rural communities and towns, where populations were small and people all knew each other. In rapidly urbanizing areas, however, crime detection was more difficult, and the number of cases that came before the magistrates put them under enormous pressure.

Frequently the system functioned well: there were six House of Commons select committee reports in the decade leading up to 1822, and many parish watch schemes were commended as ‘exemplary and meritorious’. But others were unimaginably venal and corrupt. When Sir John Fielding was on the bench, Bow Street magistrates’ court had been a model of what might be achieved under the old methods. For example, a Runner named John Clarke, previously a silversmith, used his knowledge of metalworking to track down counterfeiters, testifying at nearly half of the Old Bailey coining trials between 1771 and 1798. When he gave evidence, the conviction rate was 82 per cent; when he was absent, it dropped to 40 per cent. But by the time William Mainwaring took over in 1781 as Chairman of both the Middlesex and the Westminster Sessions, corruption was endemic. Mainwaring persuaded the government to pay him a secret extra salary, while institutionalizing cronyism and nepotism.

The lack of success following the Marr murders ensured that changes were swiftly made at local level. The watchmen in Shadwell were relieved of their duty and replaced by two companies of eighteen men patrolling nightly, each equipped with a rattle, a lantern, a cutlass and a pistol. At Wapping, sixteen extra men were drafted in, and the Thames Police Office arranged for further street policing over Christmas. Several neighbouring parishes also drew up volunteer patrols to augment the watch. Even so, a letter to the Home Office on 28 December 1811 warned that ‘the frequency of the late horrible Outrages must induce a Belief that the wicked Part of the Community is becoming too strong for the law’. The Morning Post concurred: ‘Either respectable householders must determine to be their own guardians, or we must have a regularly enlisted armed police under the orders of proper officers.’ Many frightened citizens wrote to the Home Secretary with their own ideas, nearly all of which involved increasing the size and frequency of rewards: in effect buying improved detection from criminals and their cohorts. Many believed that these cohorts included the watch themselves, who seemed to spend far too much time with criminals. William Smith harrumphed that ‘it was extremely scandalous that the Police Officers should be upon such terms of intimacy with the most notorious offenders’.

To deal with the crisis of confidence, a parliamentary select committee was set up to study the question, and it reported in March 1812. The effects of this report still matter today, because it advocated taking crime prevention away from the local authorities, and putting a single centralized authority in overall control of policing throughout London. Robert Southey, who would be named Poet Laureate the following year, and was now as ardent an opponent of political reform as he had once been a promoter of Thomas Paine and the French Revolution, agreed: ‘I have very long felt the necessity of an improved police, and these dreadful events, I hope and trust, will lead to the establishment of one as vigilant as that of Paris used to be. The police laws cannot be too rigorous; and the usual objection that a rigorous police is inconsistent with English liberty might easily be shown to be absurd.’ True, there was a dissident voice in the Earl of Dudley, who said that he ‘would rather half a dozen people’s throats should be cut in Ratcliffe Highway every three or four years than to be subject to domiciliary visits, spies, and all the rest of Fouché’s contrivances’.* (#ulink_54bb3f83-f479-57de-a164-5e58bc86040d) But then, Dudley’s socio-economic position made him safer than most.

Thomas de Quincey might at first appear to have taken the affair more lightly, as he mockingly reported on his neighbour, who after the murders ‘never rested until she had placed eighteen doors. each secured by ponderous bolts, and bars, and chains, between her own bedroom and any intruder of human build. To reach her, even in her drawing room, was like going … into a beleaguered fortress.’ This seemed at first simply a comic coda, but de Quincey’s contribution was greater than anyone at the time could have imagined, as the Ratcliffe Highway murders spurred him to one of literature’s greatest flights of fancy, in the satirical essays referred to collectively under the title On Murder Considered as One of the Fine Arts. In the first essay, de Quincey’s narrator introduces himself and his subject at a meeting of connoisseurs of murder: ‘GENTLEMEN, – I have had the honour to be appointed by your committee to the trying task of reading the Williams’ Lecture on Murder considered as one of the Fine Arts’ – a task, he goes on to explain, which is increasingly difficult, as excellence in the field raises the bar for more aesthetic murders: ‘People begin to see that something more goes to the composition of a fine murder than two blockheads. a knife – a purse – and a dark lane. Mr. Williams has exalted the ideal of murder to all of us. he has carried his art to a point of colossal sublimity.’ De Quincey is making a serious point: in Macbeth, we are interested not in the victim, Duncan, but in the thoughts of the murderer, Macbeth, just as we are more interested in murderers than we are in their victims. De Quincey’s narrator suggests that murder is an art, that murder is theatre, and that Williams was an artist who had written a sensational play that hundreds of thousands wanted to see.

De Quincey then takes the story of the Marr and Williamson murders and himself turns them into art. The main figures are given psychological depth, and a motive is imagined. Most importantly, Williams is turned, as one literary critic observes, into ‘a sort of Miltonic, ruined God’, with a glamorized physical description to match his inward corruption of spirit. A sandy, undistinguished-looking man in life, in art Williams has a ‘bloodless, ghastly pallor’, and hair of ‘the most extraordinary and vivid colour … something between an orange and a lemon colour’. His clothes, too, undergo a metamorphosis. He no longer wears the rough dress of a sailor. Instead de Quincey imagines a dandified being, dressing for an evening’s slaughter in black silk stockings and pumps and with a long blue coat of ‘the very finest cloth. richly lined in silk’. The murderer is now more vampire than cash-strapped sailor, more great actor than street thug.

In reality, there were few of de Quincey’s type of murderer. Yet, as his imaginary lecturer knows, ‘the world in general. are very bloody-minded; and all they want in a murder is a copious effusion of blood’. How this desire was transformed over the nineteenth century, and how it, in turn, transformed that century, is my subject.

* (#ulink_21820ba7-b6ea-5307-9fb0-a8c966f7e22e) Even a decade later, after the arrival of some gas lighting, the streets were still darker and more confusing than can be imagined today. In 1822 Daniel Forrester, a detective for the City of London, became involved in a street fracas. It was only when he got the man who rescued him under a street lamp that he realized it was his own brother. With streets as dark as that, it is not surprising that ‘One gas light is as good as two policemen’ was a common maxim.

* (#ulink_f4570165-436f-5434-9f43-92065dbec10c) The stages of prosecution for felonies and serious crimes were as follows: fi rst, the accused appeared before a justice of the peace or a magistrate, where it was decided whether there was a suffi ciently strong case; if so, the prisoner was committed for trial; a bill of indictment was drawn up, setting out the charge; a Grand Jury then considered the written depositions of the witnesses and, if they found a ‘true bill’ that there was a case to answer, the prisoner was tried by a jury. For murder cases, the early hearings often coincided with the inquest on the body, which was held separately. For concision’s sake I have omitted the repetition of evidence from one stage to the next.

* (#ulink_9467e1a0-d323-5980-a772-222733ccddd7) Perceval would himself be murdered four months later, the only British Prime Minister ever to be assassinated, but for some reason the crime barely captured the imagination of the public, and will feature no further in this book. Similarly, I will not be discussing the seven attempts to assassinate Queen Victoria.

* (#ulink_11bb0561-0e9f-5b6a-9033-2346ca01dd27) Colquhoun and the River Police were among the first to use the word ‘police’ in English. There had been a London Police Bill in 1785, and the magistrate John Fielding used the word that same year, but it was not yet common. In 1814 the Irish police (Sir Robert Peel’s first attempt to form a centralized force) were called the ‘Peace Preservation Force’ and manned by ‘constables’ not ‘policemen’.

* (#ulink_f9b9f257-620f-59ce-b868-6847ffa3e218) Joseph Fouché (1759–1820) was Napoleon’s Minister for Police. He had been an ardent Jacobin in the early part of the French Revolution, eventually being dubbed the ‘Executioner of Lyons’, as he oversaw so many executions that the victims’ blood blocked the city’s gutters. Under Napoleon, he exerted an iron grip on state security, and the British considered – rightly – that his police force consisted almost entirely of spies and agents provocateurs, hence Dudley’s comment.




TWO Trial by Newspaper (#ulink_830b904f-5c2b-5f64-984a-3447471554dd)


‘A copious effusion of blood’ was something that John Thurtell certainly provided. His crime has been said to have founded newspaper fortunes, for his was the first ‘trial by newspaper’, his actions read and judged by people across the country long before he was brought to trial. That it should have been Thurtell who caught the imagination of the public in this way is extraordinary, for his was a sordid, brutal and remarkably unsuccessful crime. John Thurtell, failed cloth merchant, failed publican and failed gambler, was also a failed murderer.

On 28 October 1823, one Charles Nicholls, of Aldenham in Hertfordshire, arrived in Watford, anxious to notify the magistrates of ‘some singular circumstances pointing to foul play’. He had been passing through Gill’s Hill Lane (then countryside, now in the small town of Radlett) when he saw some road-menders combing the bushes. They told him that that morning they had met a stranger searching the verge. He explained that his gig had overturned the previous night, and he was trying to find his missing penknife and handkerchief. After he left, the road-menders continued his search, hoping that valuables might also have fallen from the gig. Instead they found a knife and a pistol, both of which had dried, caked, brownish deposits on them, looking suspiciously like blood; the pistol, furthermore, had hair and what might even be brains sticking to its butt. Charles Nicholls consequently hot-footed it to Watford.

One of the magistrates immediately went to Gill’s Hill – with no police, magistrates did their own investigation. He learned enough there to lead him to arrest a man named William Probert, who rented a cottage nearby. Two men, John Thurtell and Joseph Hunt, were reported to have spent the night at Probert’s cottage, but they had returned to London that morning. The next day, therefore, the magistrate sent for the Bow Street Runners.

The Runners had no formal status, and were not linked to the metropolitan police offices, which were under the aegis of the Home Office. The Bow Street magistrates were, for historical reasons, paid from a secret-service account, while the Runners were in turn Bow Street’s own, privately paid detective force. The Runners’ salary was small, 25s. a week plus 14s. expenses, their main income coming from hiring themselves out to other police offices or to private individuals across the country. Now two Runners were hired to locate the suspicious Thurtell and Hunt. After a brief visit to Gill’s Hill the senior Runner, George Ruthven, returned to London, where:

I found [Thurtell] at the Coach and Horses, Conduit Street. I said: John, my boy, I want you. Thurtell had been anticipating serious proceedings against him for setting his house on fire in the city [see p. 24] … It was highly probable that he supposed that I wanted him on that charge. My horse and chaise were at the door. He got in and I handcuffed him to one side of the rail of my trap … On the road nothing could be more chatty and free than the conversation on the part of Thurtell. If he did suspect where I was going to take him, he played an innocent part very well, and artfully pretended total ignorance. I drove up to the inn, where Probert and Hunt were in charge of the local constables. Let us have some brandy and water, George, said Thurtell. I went out of the room to order it. Give us a song said Thurtell, and Hunt, who was a beautiful singer, struck up ‘Mary, list awake’. I paused with the door in my hand and said to myself – ‘Is it possible that these men are murderers?’

The newspapers had no such doubts, even though no charges had yet been laid and there was as yet no body. One week after the crime took place, six days after the weapons were found in the bushes, two days after the arrest of Thurtell, the Morning Chronicle ran its first piece on the ‘Most Horrible Murder Near Watford’.

Thurtell and his friends had the disadvantage of poor reputations. Thurtell himself had been born into relative gentility: his father was a prosperous Norwich merchant, later an alderman and in 1828 mayor. Thurtell had been commissioned as a second lieutenant in the Marines in 1809, when he was fifteen or sixteen. Despite the French wars, he saw action only once, and in 1814 he retired on half-pay and returned to Norwich. His father set up him as a bombazine (woollen cloth) manufacturer, but Thurtell became enamoured of ‘the fancy’, the world of Regency prize-fighters, gamblers and their followers.

This was his first downward step. Prize-fighting was illegal, and fights were held in fields, for preference near county boundaries, so that in case of trouble the crowds could disperse across more than one jurisdiction. Thurtell became what in modern parlance would be called a fight promoter, or manager, although the role was then much more informal. The first fight that we know he was involved in was between Ned ‘Flatnose’ Painter, a Norwich fighter, and Tom Oliver, in July 1820. This meeting was later immortalized by George Borrow, in Lavengro in 1851 (‘Lavengro’ is Romany for ‘philologist’, supposedly the name given to Borrow himself by the Rom he befriended). Much of Lavengro is fictionalized, but the description of Thurtell is based on reality:

a man somewhat under thirty, and nearly six feet in height … he wore neither whiskers nor moustaches, and appeared not to delight in hair, that of his head, which was of light brown, being closely cropped. the eyes were grey, with an expression in which there was sternness blended with something approaching to feline; his complexion was exceedingly pale, relieved, however, by certain pockmarks, which here and there studded his countenance; his form was athletic, but lean; his arms long. You might have supposed him a bruiser; his dress was that of one … something was wanting, however, in his manner – the quietness of the professional man; he rather looked like one performing the part – well – very well – but still performing the part.

Borrow recounted how one day Thurtell and Ned Painter called on a local landowner, asking for the use of a small field in which to stage a fight. They were refused, the man explaining that, as a magistrate, he could not become involved. ‘Magistrate!’ says Thurtell, ‘then fare ye well, for a green-coated buffer and a Harmanbeck.’* (#ulink_1afedaff-113a-53c2-9cf4-fb71d1b353e6) The magistrate was wiser than he knew, as Thurtell had a reputation for being ‘on the cross’ – involved in match-fixing. When in September 1820 Jack Martin, ‘the Master of the Rolls’ (he was a baker), fought Jack Randall, ‘the Nonpareil’, the match was thought by many to have been a cross arranged by a gambler named William Weare to allow Thurtell to recoup some of the money Weare had won off him. Thurtell, ultimately, would be the death of Weare – and vice-versa.

Borrow, although obviously impressed by Thurtell, had no illusions about him: ‘The terrible Thurtell was present. grim and pale as usual, with his bruisers around. He it was, indeed, who got up the fight, as he had previously done twenty others; it being his frequent boast that he had first introduced bruising and bloodshed amidst rural scenes and transformed a quiet slumbering town into a den of Jews and metropolitan thieves.’

Thurtell by now had a thorough knowledge of metropolitan thieves and Jews. (All moneylenders were regarded as Jewish, whether they were or not.) He had failed as a cloth merchant in Norwich, after defrauding his creditors by claiming to have been robbed of the money he owed them. Few believed in these convenient thieves, and Thurtell was declared bankrupt in February 1821. Shifting his base of operations to London, where his reputation might not have preceded him, he set up as the landlord of the Black Boy, in Long Acre, but the pub became a byword for illegal gambling, and soon lost its licence. Thurtell moved from job to job, from money-making scheme to money-making scheme. At the Army and Navy pub he met Joseph Hunt, briefly its manager, a gambler who had already been to prison once; he met William Weare and his friends at yet another pub. Weare claimed to be a solicitor, and lived at Lyon’s Inn, formerly an Inn of Chancery and now lodgings frequented by legal professionals. In fact he had been a waiter, then a billiard-marker, and had finally joined a gang ‘who lived by blind hooky [a card game], hazard [dice], billiards, and the promotion of crooked fights’. He was a legendary figure in the gambling underworld, and it was reported that he always carried his entire savings, said to be £2,000, with him.

Thurtell’s brother Thomas was the landlord of the Cock Tavern, in the Haymarket, and there they became acquainted with Probert, a spirit merchant who helped them to raise money on dubious lines of credit. Thurtell was operating once more as a cloth merchant, but just as his credit ran out, by an amazing coincidence his warehouse, insured to the hilt, was destroyed by fire. The insurance company refused to pay, and in 1823 Thurtell sued. Despite witnesses testifying that he had earlier discussed arson with them; despite information that he had bought fabric on credit and resold it for less than he had paid; despite evidence that he had blocked up the single window that would have permitted the nightwatchman to see the flames as they started – despite all this, the jury found for Thurtell, with £1,900 damages. * (#ulink_ecd6401c-6a80-5d4f-95f8-968cd310263b)The insurers appealed, withholding the insurance money, while the money from the damages went to Thurtell’s creditors. The Thurtell brothers’ financial situation continued parlous.They were by now reduced to selling off the drink from the pub they managed in order to eat, while they couldn’t leave the building in case the insurance company had them arrested for conspiracy to defraud; they would have been unable to post bail.

Weare, meanwhile, was doing splendidly, alternating between trips to the races and days spent in billiard saloons. Then one day he said he was off to Hertfordshire for the weekend to go shooting with Thurtell. There would be shooting, it is true, but it was not Weare who held the gun.

On 24 October, two men who very strongly resembled Thurtell and Hunt bought a pair of pistols from a pawnbroker in Marylebone. The same day, Hunt hired a gig and horse, and asked at the stable where he could buy a rope and sack; at a public house in Conduit Street, he was overheard to ask Probert if he wanted to be ‘in it’. In the late afternoon, Thurtell drove Weare down to Probert’s cottage at Gill’s Hill in the gig, leaving Probert to follow on with Hunt. Their horse was a grey with unusual markings: a white face and white socks. Probert dropped Hunt at an inn near Gill’s Hill, to wait for Thurtell as arranged, and drove on to his cottage on his own. As he neared home, he found Thurtell in the lane. Thurtell asked him where Hunt was, and grumbled – or boasted – that he had ‘done the business without his help’. Probert returned to the inn to collect Hunt, and on his return Hunt and Thurtell reproached each other for missing the appointment. It didn’t matter, said Thurtell off-handedly, he had killed Weare on his own: the pistol had misfired, so he had bludgeoned him to death, ‘turning [the pistol] through his brains’, and then slitting his throat.

Hunt poured all of this out at the magistrates’ hearing. When more than one suspect was arrested for a crime, only one could be given immunity from prosecution by turning king’s evidence. This frequently produced an unseemly scramble to be the first person to ‘peach’. Hunt’s ‘natural pusillanimity’ encouraged his pragmatism, and he revealed all. After the three men met up at the cottage, he said, they ate the pork chops Hunt had brought with him for supper. (At the trial, Probert’s servant was asked, ‘Was the supper postponed?’ ‘No,’ she replied innocently, ‘it was pork.’)* (#ulink_2ae38ea9-8288-5484-997d-942771f53f46) Telling Mrs Probert that they had to visit a neighbour after supper, they collected Weare’s body from where Thurtell had stashed it, took what valuables he had on him, and put the corpse in a sack. Back at the cottage, Thurtell presented Mrs Probert with a gold chain. Mrs Probert, greatly wondering, later watched from a window as Thurtell and Hunt, who said they would sleep in the sitting room, instead took a horse from the stable. When they returned, having dumped Weare’s body in a nearby pond, she overheard them dividing the money they had found on Weare’s body, which was a wretched £15, instead of the legendary £2,000. The next day Thurtell and Hunt took the gig back to London, together with some of Weare’s clothing. They returned the following day, Hunt bringing a newly purchased spade. Probert was anxious about the proximity of the body to his cottage, so soon Weare was on the move once more, this time to a pond near Elstree.

As soon as the authorities located the body, Thurtell was committed for trial, with the other two remanded as accessories. Things were not looking good for them – some of Weare’s belongings had been found in Hunt’s lodgings, and a shirt marked ‘W’ in the stable near Probert’s cottage. The gig and the unusual horse were identified at various pubs along the route between Gill’s Hill and London, as were its passengers. At the inquest Hunt claimed that he had no connection with Thurtell and Probert, that he had only been hired to sing (he was a modestly successful tavern performer; his more famous brother sang at Covent Garden). He agreed that he had bought a sack and rope before he left London, but said they were for the game that Probert and Weare planned to shoot. Probert too tried to claim that Thurtell acted alone, but the jury found that Weare had been murdered by Thurtell, while Probert ‘counselled, procured, incited, and abetted the said John Thurtell the said murder and felony to do and commit’. Thomas Thurtell meanwhile was arrested for conspiracy to defraud the County Fire Office.

In November, Probert’s wife, sister-in-law and brother were all arrested. Mrs Probert’s brother Thomas Noyes had played cards with the men after the murder, and she herself had received what was now identified as Weare’s watch-chain. Noyes and his sister were soon released, but Mrs Probert remained under arrest, while the authorities approached Probert to turn king’s evidence. Hunt had proved an unreliable witness, clearly terrified, happy to agree with anything anyone suggested. The main reason to use Probert, however, was that if he were indicted, Mrs Probert’s evidence of what had passed at the cottage could not be heard – a wife could not testify against her husband.

In the run-up to the trial the newspapers whipped themselves into a frenzy. At the end of the French wars, a 4d. tax had been added to the price of a newspaper, ensuring a hefty cover price – at the time of Thurtell’s trial, the Morning Chronicle, The Times, the Morning Herald and the Observer each cost 7d. Yet their prosperous, middle-class readers were avid for crime stories.On a random day in the month of Weare’s murder, the four pages of The Times consisted of two pages of advertisements, two columns of news, a few letters, some birth and death announcements; and the rest of the paper was entirely given over to police, trial and magistrates’ court reports. The Morning Chronicle similarly gave the majority of its editorial space to crime on a regular basis, continuing a long tradition of prurient upper-middle-class love of crime: the Gentleman’s Magazine had, between 1731 and 1818, reported on 1,172 murders – over one a month for nearly a century.

Pierce Egan, one of the most famous journalists of the day, claimed to have interviewed Thurtell as he awaited trial. Egan had started as a sporting journalist, writing Boxiana, or, Sketches of ancient and modern pugilism in 1812. In 1821 his Life in London, or, The day and night scenes of Jerry Hawthorn, esq., and his elegant friend, Corinthian Tom, illustrated by the Cruikshank brothers, a comic story of two young swells on the razzle, was wildly popular. Imitations and even outright plagiarisms quickly appeared, as well as several stage versions. As a member – albeit a more respectable one – of the fancy, Egan dealt with Thurtell’s story as sympathetically as possible, while still maintaining an appropriately shocked tone.* (#ulink_966dd62c-9e38-5b6f-ba43-6f355b904a85) His piece was very much for slightly raffish men about town, presenting Thurtell as a ‘foolish young [man] from the country’ whom the professional gamblers had ‘picked up as a good flat [an easy dupe]; and the rolls of country flim-seys [banknotes] which he brought with him to town, were soon reduced … The Swell Yokel as he was first termed … was hailed as a rare customer; and numbers were on the look out to have a slice of his blunt [piece of his money]…Mr. Weare was one of this number: (he was what is termed in the sporting world a dead nail [a crook]), a complete sharper [swindler].’

Thurtell in this version is not only naíve, but even cowardly. Egan gives a history of incidents where Thurtell had issued challenges, or pretended to, but was not actually willing to fight. This is all done very delicately, by imputation rather than outright statement. After telling the history of the fire and the arson trial, Egan concludes, ‘It is decidedly the opinion of Thurtell’s most intimate friends, that his conduct for the last two years, had been more like that of a madman than of a rational being.’

This seems kind when compared to the newspapers. Long before the trial began, The Times printed a stream of vitriolic – and completely unsubstantiated – stories. On 6 November it told its readers that ‘Thurtell is reported to have been with Wellington’s troops at the siege of San Sebastián, where he lurked behind the lines to murder and rob a fallen officer,’ and he was reported as saying of this victim, ‘I thought by the look of him that he was a nob, and must have some blunt about him; so I just tucked my sword in his ribs, and settled him; and I found a hundred and forty doubloons in his pocket!’ This was one of the few stories that was denied in print, as commentators noted that 140 doubloons would be so heavy the possessor would not have been able to walk. Nothing daunted, that same day there was another story about Thurtell, saying that in his lodgings the police had found an air-gun in the shape of a walking stick, cunningly painted to look like wood, although nothing more was ever heard of it. Four days later, a story appeared about one James Wood, Thurtell’s supposed rival for the supposed charms of Miss Caroline Noyes, Mrs Probert’s sister. Wood was said to have been decoyed into an ambush in a tenement, where he was attacked by Thurtell with a pair of dumbbells. The Times added, as proof of this remarkable story, that a search of the building had produced a set of dumbbells. And on the same day the paper reported that Probert had testified that Thurtell had ‘picked out 17 persons of substance that he intended to rob and murder, and that [Weare] was one of them’. The journalist had no doubt that the remaining sixteen had had lucky ‘escapes from the late horrid conspiracy’, and added a story of a man named Sparks, who declined to go into business with Thurtell, thus escaping a ‘horrible doom, which otherwise, in all probability, awaited him’. A week later the daily update, otherwise relatively low-key, referred to Thurtell, Hunt and Probert – still awaiting trial – as ‘the guilty culprits’.

The Morning Chronicle, too, referred to the three as ‘the murderers’. The Hampshire Telegraph claimed that Probert had ‘debauched’ both the unnamed wife and daughter of his unnamed landlord, and ‘Indeed … no woman, whom he wished to possess, could escape him; for if he could not get her by fair means, he would not scruple to assail her by foul.’ The Derby Mercury reported that an unnamed ‘person who was known to be acquainted with the Thurtells. [had] suddenly disappeared, and has not since been heard of’. The Caledonian Mercury liked the death-by-dumbbells story, and threw in an additional report of ‘an offensive smell’ emanating from Probert’s cottage, similar to ‘that which proceeds from a corpse in a state of decomposition’. The Examiner reported that yet another unnamed man had been murdered, this time ‘cast into the Thames from Battersea Bridge’. For good measure it added that Thurtell and his gang had also attempted to murder Mr Barber Beaumont, the director of the County Fire Office, and had only been foiled because, contrary to habit, on the night of the attempt Mr Beaumont had failed to take his usual seat by a window. Many of the papers featured this story, apparently never pausing to ask themselves why such a dastardly gang had not summoned the energy to make a second attempt on Mr Beaumont’s life. The Bristol Mercury reported yet another ‘mysterious disappearance’, this time an unnamed pregnant woman, said to be a clergyman’s daughter, who had been ravished by one of the gang. ‘The worst is surmised,’ it added hopefully.

The hysteria infected everyone. A thirteen-year-old schoolboy wrote to his mother that Thurtell had ‘positively’ plotted to murder ‘a long catalogue of rich persons’: his schoolmaster had assured him that ‘the bodies of 6 persons have been found in the Thames, 2 of them are women. Two clergymen are engaged in this scandalous affair. Two clergymen of the Established Church!’

In this febrile atmosphere, a fortnight before the trial was scheduled to begin, plays were advertised at two London theatres, the Surrey and the Coburg.* (#ulink_180e3f37-5901-5037-8d81-6bfd937d559d) Since 1737, a Licensing Act had severely restricted the number of theatres that were permitted to stage spoken drama or comedy; these were referred to as ‘legitimate’ theatres. The Act had not, however, included musical theatre, which could legally be performed in theatres licensed by local magistrates and known in London as ‘the minors’.* (#ulink_30fbeed6-5fd7-5c47-81fb-f301f3c66fe2)

Throughout the century working-class theatre audiences were an increasingly powerful economic force, particularly in industrial areas. In the East End of London the rapid development of the docks along the Thames created a vast, and almost entirely working-class, community: from 125,000 people in 1780, the population grew to just under a million in 1888, and nearly two million by the end of the century, when it became perhaps the largest working-class community in the world. To serve its needs, theatres, taverns, saloons and other places of entertainment sprang up: ten new theatres in the quarter-century after 1825. These were not small places, either: at mid-century the Standard held 3,400 people, the Pavilion 3,500, the Royal Victoria gallery alone nearly 2,000. (The Vic was not in the East End but south of the river, but the audiences for the ‘transpontine theatres’, as they were known, came mainly from the river-workers and other East End residents.) Other new industrial cities had equally large spaces: in Birmingham in 1840, a single theatre gallery held 1,200 people. Working-class audiences far outnumbered middle-class ones: in 1866 there were 51,363 nightly seats in twenty-five London theatres; of these, 32,395 were located in the East End or south of the river in the transpontine theatres – the Coburg, the Surrey and Astley’s Amphitheatre being the most famous. When the cheap seats in the West End, and the sort of places that were too rough or too small even to be considered theatres, are added in, it is clear why working-class tastes predominated.

In 1840, a writer on theatre noted that at the Pavilion Theatre in Stepney, ‘the Newgate calendar [a multi-volume true-crime compendium] and tales of terror stand in the same place as Homer did to the ancient dramatists’. Punch parodied this taste, describing a leading man at the minor theatres as one ‘who is murdered at least twice a week, commits parricide several times in the course of the year, and is torn by remorse every night at about nine o’clock’.

Playwrights were thus always on the lookout for new murderous material, and with two plays called The Gamblers, a stimulated public immediately made the connection to the story that had been monopolizing the newspapers. The Gamblers opened at the Surrey on 17 November 1823, The Gamblers, or, The Murderers at the Desolate Cottage at the Coburg the following day.* (#ulink_afcb235f-9844-540c-9398-5894f1f30d3d)

The Surrey and the Coburg were two of the homes of melodrama, the century’s predominant dramatic form. Melodrama simplified an increasingly complex world. It depicted brutal crime and violent death, which were familiar enough in the world its audiences inhabited; but unlike real life, in the world of melodrama justice always triumphed in the last act. What realism rejects as ludicrous coincidence is, to a melodrama audience, the workings of providence: the greater the coincidence, the greater the sense of meaning. The subjects tended to be those audiences could identify with: the rustic adrift in the big city, or working men oppressed by evil masters; the ‘pride of the village’ seduced by a villain. The villains were authority figures (squires, landlords, judges) or those who served them (stewards, lawyers, beadles). Melodrama characters have preordained parts: a villain is a villain, and will not become a hero. Costume was as much an indicator of character as occupation. The heroine wore white; heroes, even those with no connection to the sea, were frequently dressed as sailors (the dockyards were the major employers around many minor theatres); while villains wore the guise of men about town, usually with the addition of a dashing pair of boots.

This typing permitted stock companies to function: the rustic, the ‘heavy’, the heroine, the comic servant, were all a standard type, with standard make-up and a standard costume. Each week, therefore, a new drama could draw in the same audiences to watch similar characters in different situations, which were also standard: the last-minute reprieve from the gallows, the overheard conversation, the long-lost foundling child, the secret marriage. Melodrama also relied on highly stylized speech, in which thoughts were articulated – in Tom Bowling, a well-loved 1830 melodrama, Dare-Devil Bill, the smuggler, shouts that his enemy: ‘shall hang! hang! hang! and on the same gibbet as myself! And how I will exult, and how my eyeballs, starting from their sockets, will glare upon him in their convulsive brilliancy! And I will laugh, too … ha, ha, ha!’ – regularly interspersed with comedy, mime, spectacle, song and dance, all no more realistic than the dialogue. Nor were they intended to be. In an 1829 adaptation of Walter Scott’s Guy Mannering, a character is lost on a storm-racked Scottish heath, when suddenly: ‘Ha! What do I see on this lonely heath? A Piano? Who could be lonely with that? The moon will shortly rise and light me from this unhallowed place; so, to console myself, I will sing one of Julia’s favourite melodies.’ And he does.

The surviving playbill for The Gamblers gives some indication of the furore that the Surrey expected. Unusually, the standard description of the evening’s entertainment is prefaced by a notice ‘To the public claiming, implausibly, that the play had been written before ‘the recent SANGUINARY MURDER’. After the news broke, it continued, the managers had considered withdrawing the play, but as the newspapers had printed ‘columns filled with the most trivial particulars of the Murder, [and] have also given illustrations of every Scene attached to the fatal deed’, they felt that ‘in denying to our Audience a Drama’ they would be failing ‘a duty unquestionably due both to them and to ourselves’. Having set out their virtuous credentials, only now do they come to the play’s great selling point: sets ‘illustrated by CORRECT VIEWS taken on the SPOT, and ‘THE IDENTICAL HORSE AND GIG Alluded to by the Daily Press’, which, in a moment of commercial genius, the theatre had purchased.

The play itself was a standard melodrama, telling the tale of a country innocent taking a bloody revenge after being fleeced by big-city gamblers. The highlight was the horse and gig; this, said the Observer the next day, ‘formed the strongest feature of interest in the eyes of the audience, if we could safely collect that expression from the applause that followed their appearance’. The Times tsk-tsk-ed at the very idea of showing William Weare’s murder onstage, but its reviewer the next night was nonetheless disappointed to discover that the Coburg’s The Gamblers, or, The Murderers at the Desolate Cottage had no connection to the murder of William Weare at all, ‘except we could fancy the cabriolet in which the ghost travels to be Probert’s gig. and a French hut being Gill’s-hill-cottage, and a pool of fire to be his pond’.

The horse and gig were easy for the Surrey to get hold of: they had only been hired by the murderers. Other, more personal, items were also available. Probert had owed rent on the cottage, and an auction quickly sold off most ordinary household goods at ordinary household prices.* (#ulink_0938c28a-7c3b-5fac-8aa1-b77f178baab0) While purchasers were not plentiful, many came for a day out as murder tourists, wandering through the grounds and, for a shilling, even the cottage itself. One publication claimed that five hundred people had paid the entrance fee. Soon a little sightseeing route was worked out: ‘At Elstree the curious made their first halt. Here the grave of Mr. Weare, in Elstree Church-yard, was visited, and the pond, about a quarter of a mile out of the village … The Artichoke Inn, to which the corpse was carried, and where the Coroner’s Inquest was held. Mr. Field, the landlord, being one of the Jury, was therefore fully competent to the task of answering the numerous questions put to him by his customers. Here the sack, in which the remains of the victim had been carried from Probert’s cottage, was shown. The marks of blood which it bears gave it peculiar interest.’

Just as with a sightseeing trip today, the circuit could be finished off with a souvenir: a lucky few managed to buy a bit of the sack; for others, a Staffordshire pottery figure was soon available; those with less money could buy a book at the cottage, complete with a map of Weare’s posthumous journeys. Those with no money at all could still take away a memento: the Caledonian Mercury reported that by mid-November the hedge outside the cottage was vanishing, filched ‘by those curious people, who consider a twig from the hedge, through which the remains of a murdered man had been dragged, must furnish a treat to their equally curious friends’.

Murder tourists came from all walks of life. As late as 1828, Walter Scott recorded in his journal that he and his companions travelled out of their way to visit Gill’s Hill Lane and do the circuit. After taking in the lane and the ponds, they went on to the cottage itself, now partially dismantled, and were shown around by a ‘truculent looking hag’ for 2s.6d. Five years after the event, the ‘hag’ could ask, and receive, nearly a week’s pay for a workman.

Private entrepreneurship was one thing. Theatre was another. After the Surrey’s first night, the Lord Chamberlain stepped in and ordered the play to be withdrawn. Furthermore, Thurtell’s solicitor swore out an affidavit for an attempt to pervert the course of justice by showing Thurtell and Hunt committing murder onstage before they were tried, much less convicted. The management attempted to claim that there was no resemblance at all between the play and the murder of William Weare, but the purchase of the gig and the white-faced horse made this impossible to sustain.

When the Hertfordshire Assizes, at which Thurtell and Hunt were to be tried, opened on 4 December, Thurtell’s lawyer immediately applied for a postponement because of pre-trial prejudice, claiming that the press had caused ‘the grossest injustice towards his client’. As if to prove his case, his affidavit was immediately reprinted in The Times, despite a judicial ban on its publication, as it contained a compilation of all the worst articles that had appeared. The papers followed every twist and turn of these legal arguments. The Morning Chronicle gave thirteen of its daily twenty columns to the subject, and it also produced snappy summaries: the judge, for example, ‘loves the Press, but wishes it had fewer readers’. The crusading liberal paper the Examiner, which had been founded in 1808 by Leigh Hunt and his brother as a Radical voice to counter both the Tory government and the (then) Prince Regent’s Whig cronies, agreed: the judge ‘has been guided throughout by that keen and constant hatred of the press which is the mainspring of two-thirds of the political sentiments of his party … And why is all this? Because the press is the great organ of knowledge. To keep the body of the people in the dark, is the dear and leading aim of many …’ The leader-writer added that the law as it stood did not permit the accused to know what the prosecution’s case would be: ‘A pretty law, then, truly!’ which forbids a man to know what he will have to refute. The newspapers’ job, as he saw it, was to supply that lack.

The trial was postponed for a month, to January 1824, although the press excitement then was no less. The Chronicle printed a supplementary sheet after the first day, and also doubled its normal four pages to eight for a full report; on the second day it returned to four pages, but devoted three of them, plus a leader, to the trial. Bell’s Life in London and Sporting Chronicle devoted five of its six pages to the trial. The Chronicle calculated that over the two days of the trial there were a hundred horses reserved to carry the reports from Hertford by express, to feed the insatiable demand. Even local papers had expresses: the Ipswich Journal finished its report of the opening of the assizes with a triumphant, ‘BY EXPRESS. HERTFORD. FRIDAY, ONE O’CLOCK’.

The Observer printed five pictures in its report – a great novelty, as technology was just beginning to permit the use of engravings in newspapers, instead of the clumsier, and slower-to-produce, woodblocks. Another paper included illustrations of the court, maps of Gill’s Hill, and views of Probert’s cottage. Pictures could also be purchased separately. A journalist returned to London after the adjournment in company with ‘a tradesman from Oxford-street, who had been frightened out of his wits. by hearing that pictures of Gill’s Hill Cottage were actionable, for he had brought “some very good likenesses of the Pond to sell”, and had been obliged to take them out of the window of [his shop], almost the very moment they were placed there!’

The trial itself almost reads as an anti-climax. At this period, prisoners accused of a felony could have legal counsel, but only for advice and to deal with points of law. How rigorously this was applied varied from circuit to circuit, but the theory was that it was up to the prosecution to prove its case so well that no defence could be mounted. And in this particular case there was no defence: publicans and stablemen between London and Gill’s Hill all testified to seeing Thurtell with Weare in the gig. Then Weare vanished, while the pistol with human remains on it was found just where Thurtell had been seen searching. Items belonging to Weare were in the possession of the three men, and Hunt knew where the body was to be found. Thurtell spoke in his own defence, as the law permitted. He read out a list he had compiled of wrongful convictions throughout history, but one journalist thought it was so long that it was counterproductive: everyone stopped listening.* (#ulink_1e7be728-05e2-5019-a946-2beca296b4d0)He blamed everybody except himself for his misfortunes: his creditors, his solicitor, fellow merchants, the insurance office – all had betrayed him. As to the murder itself, Hunt and Probert had done it, he said. Hunt tried to read his defence, but was so overcome he managed to read only a bit of it ‘in a poor dejected voice, and then leant his wretched head upon his hand’ while someone else read the rest.

The law required that trials were held continuously, unless the jury demanded a break. Thurtell and Hunt’s trial began at eight o’clock on the morning of 6 January, and ran without pause until after nine o’clock that night, when the jury called a halt. The two defence speeches and the summing-up were heard the next day, after which the jury may not even have retired to consider their verdict: the journals merely say the members ‘conferred’ for twenty minutes. Hunt was convicted as an accessory and sentenced to transportation; Thurtell was found guilty of murder, and the only sentence for that was death.* (#ulink_fb88e2bd-668f-5063-9c59-0a2942b35f4e)

Immediately, the horse expresses set off for the printers. For some, even that wasn’t fast enough. The artist William Mulready, having attended the trial, quickly sent a long account to his patron in Northumberland – the trial finished on a Wednesday, and this way he would receive the news long before the Sunday newspapers’ account.† (#ulink_fa821ef3-e1fd-5627-87d4-497c996f2042) By then, the execution would have taken place – forty-eight hours from verdict to gallows was the rule, unless a Sunday intervened.

This compression was a godsend to the newspapers, the weeklies in particular: they could print the trial, verdict and execution, all in one. The Observer advertised that its execution special would be double its usual length (which was only two pages), and would cost 14d., instead of 7d. Bell’s advertised the same: a double issue, at double the price, and, for its sporting readership, ‘The same publication will contain an account of the Great Fight for Six Hundred Sovereigns between SPRING and LANGAN, for the rival Champions of England and Ireland. written by the celebrated PIERCE EGAN.’ Thurtell’s supporters loved a good fight, and ‘among the sporting circles bets are still offered on the result of the trial, and in many cases these are connected with the fight between Spring and Langan’, noted the Chronicle.§ (#ulink_791fcf34-51b1-557e-8fe8-3dc1eab3ca14) The connection continued to be made. An anti-capital-punishment essay from the 1860s reported on Thurtell’s execution: ‘It is said that the championship of England was to be decided. on the morning of the day on which Thurtell was executed, and that, when he came out on the scaffold, he inquired privily of the executioner if the result had yet become known. Jack Ketch* (#ulink_6a2c17b6-10b5-532b-ae93-9534b1e1e0d6)was not aware, and Thurtell expressed his regret that the ceremony in which he was chief actor should take place so inconveniently early in the day.’

For those who could not afford newspapers, Thurtell broadsides had been pouring out over the past months. Many provided updates and trial reports, while others had songs and poetic effusions. One had an ‘action’ picture, with Thurtell dragging Weare’s body into the bushes (this cost double the normal price, 2d.). ‘The Hertfordshire Tragedy; or, the Fatal Effects of Gambling. Exemplified in the Murder of Mr. Weare and the Execution of John Thurtell’, a particularly long example, can stand here for many. It opened with a description of Thurtell’s idyllic childhood, and his poor, loving mother. But then he sets off for that fatal city, London, and

Like many a gay young man,

He mix’d with thoughtless company,

Which thousands has trepan’d [sic].

He soon forgot his mother dear,

And all his friends behind …

From bad to worse he did proceed,

‘mid scenes of guilt and vice,

Until he learn’d the cursed art,

To play with cards and dice.

And from that fatal, fatal day,

His ruin we may date,

Nor were his eyes e’er open’d,

Until it was too late.

The story of his being fleeced by Weare is rehearsed, and then the unsuspecting gambler heads for Hertfordshire.

When they had reached Gill’s Hill Lane,

That dark and dismal place,

Thurtell drew a pistol forth,

And fir’d it in Weare’s face.

The helpless man sprung from the gig,

And strove the road to gain,

But Thurtell pounc’d on him, and dash’d

His pistol through his brains.

Then pulling out his murderous knife,

As over him he stood,

He cut his throat, and, tiger-like,

Did drink his reeking blood.

This was accompanied by what were claimed to be portraits of Thurtell and Hunt, and eight illustrations.

Yet after the verdict was handed down, strangely, Thurtell the monster, Thurtell the drinker of blood, began to disappear, to be replaced by Thurtell the gallant, Thurtell the debonair. One broadside respectfully reported his considerate behaviour on the day of his execution, when he stood under the scaffold: ‘he looked at the crowd, and made a slight bow, instantly every head was uncovered, and many muttered “what a Gentleman”. His appearance at that moment was affecting beyond description.’ In the 1920s the historian G.M. Trevelyan claimed that, a hundred years before, children wrote the sentence ‘Thurtell was a murdered man’ as an exercise in penmanship.

In 1857 George Borrow drew for his middle-class audience a picture entirely in keeping with this debonair post-trial image. In his novel The Romany Rye, the narrator is in money difficulties. ‘A person I had occasionally met at sporting-dinners’ comes to hear of his trouble and lends him £200.

I begged him to tell me how I could requite him for his kindness, whereupon, with the most dreadful oath I ever heard, he bade me come and see him hanged when his time was come. I wrung his hand, and told him I would, and I kept my word. The night before the day he was hanged at H—, I harnessed a Suffolk Punch to my light gig … and … in eleven hours I drove that Punch one hundred and ten miles. I arrived at H—just in the nick of time. There was the ugly jail – the scaffold – and there upon it stood the only friend I ever had in the world. Driving my Punch, which was all in a foam, into the midst of the crowd, which made way for me as if it knew what I came for, I stood up in my gig, took off my hat, and shouted, ‘God Almighty bless you, Jack!’ The dying man turned his pale grim face towards me – for his face was always somewhat grim, do you see – nodded and said, or I thought I heard him say, ‘All right, old chap.’ The next moment – my eyes water.

He concludes philosophically, ‘Well, some are born to be hanged, and some are not; and many of those who are not hanged are much worse than those who are.’

It was said that 40,000 people attended Thurtell’s execution, and afterwards his body was sent to St Bartholomew’s Hospital for dissection by the faculty of medicine and its students, as was standard for felons. In theory, the anatomization process was a matter for the faculty alone, but on the day crowds of people descended on the anatomy theatre. For those who couldn’t be there, The Times reported on the appearance of the body in the dissecting room, and Pierce Egan’s Account of the Trial of John Thurtell and Joseph Hunt carried a notice from the publisher: ‘SPECIAL PERMISSION having been given to the Editor of the MEDICAL ADVISER to examine the body of Thurtell after the execution, a full account of the PECULIAR CRANIOLOGICAL Appearances, with illustrative engravings, will appear in the next Number.’ Rowlandson produced a watercolour of the scene, ‘The Lancett Club at a Thurtell Feast’. (The surgeon doing the dissection is grotesquely caricatured, while the corpse of Thurtell is entirely realistic.)

Despite the finality of death, some found it hard to let go of such a money-spinner. ‘Light be the stones on Thurtell’s bones,’ Thackeray wrote satirically; ‘he was the best friend the penny-a-line men had for many a day. and when he was turned off [hanged], their lamentation was sincere. There are few windfalls like him.’ It was later claimed that James Catnach, the most successful broadside printer of the day, had sold 250,000 Thurtell broadsides, and after his execution he produced yet another, headlined ‘WE ARE ALIVE’, with the space between ‘we’ and ‘are’ so reduced that the unwary read ‘WEARE ALIVE’. Another was less tricksy, and simply lied. ‘The Hoax Discovered; or, Mr. Weare Alive’ claimed that Thurtell had bet Weare that he could be arrested, tried and then, ‘at the very crisis of their fate, the supposed murdered man should appear, stagger the belief of the world, and make John Bull confess his being hoaxed’.

The theatres returned to this profitable subject. At the Coburg, The Hertfordshire Tragedy, or, The Victims of Gaming was back onstage the day after the execution. The Surrey re-offered The Gamblers three days later, and as well as the ‘identical Horse and Gig’, it also promised an eager public that the set now contained the ‘TABLE AT WHICH THE PARTY SUPPED, The SOFA as DESCRIBED to having been SLEPT on, with Other Household Furniture, AS PURCHASED AT THE LATE AUCTION’. In January, the theatre combined two items of popular interest by adding a ‘new scene of Jackson’s Rooms [Jackson was a prize-fighter who taught the gentry], for the purpose of introducing the celebrated Irish Champion’, Langan himself.

The selling of Thurtell went on. A novel, The Gamblers; or, The Treacherous Friend: A Moral Tale, Founded on Recent Facts, by Hannah Maria Jones, appeared, borrowing elements from the play (both have characters named Woodville). The novel also acquiesced in the growing legend of Thurtell’s nobility of spirit. Here Arthur Townley is purely ‘a victim to his own lawless passions’, a noble dupe brought down by ‘hardened villains’. The novel, by one of only two women known to have successfully produced penny-bloods (her speciality was gypsies and gothic subjects), is unimportant except insofar as it may have influenced Edward Bulwer-Lytton. * (#ulink_18b1d6d4-ce1d-5442-bdf2-ae8f970959d3)Bulwer has been called one of the forefathers of the detective novel, and he popularized the outlaw-as-hero in Paul Clifford (1830), a novel with a good-hearted highwayman, and Eugene Aram (1832), this time with a self-sacrificing scholar-murderer (see pp.99–123). In Pelham (1828) his hero is Lord Pelham, who steps in to save a friend from a false accusation of murder. Thornton, the real murderer, is a fairly straightforward portrait of Thurtell. Unlike the prevailing attitudes to Thurtell, Thornton here is not a good-hearted naíf, but has coldly murdered his victim in a botched robbery.

Everything to do with Thurtell had a commercial value. In February 1824 an advertisement in The Times offered for sale the model of the cottage and outbuildings that had been used in court to explain the details of the crime to the jury. The advertisement appeared only once, so presumably the model sold quite quickly. This would hardly be surprising, for the Thurtell legend was growing with every day that separated him from his brutal crime. The most unlikely people were fascinated. The Radical journalist William Cobbett claimed that his son Richard had learned to read ‘to find out what was said about THURTELL, when all the world was talking and reading about THURTELL’. Richard was born in 1804, and was therefore nineteen or twenty when Thurtell came to notoriety, yet the legend made it worth building stories around him. The philosopher Thomas Carlyle also followed the case closely, complaining that, ‘Thurtell being hanged last week, we grew duller than ever.’ He soon cheered himself up, however, with one of his longest-running jokes. An (erroneous) trial report claimed that a witness had considered Thurtell to be respectable ‘because he kept a gig’. Carlyle found this immensely comic, and coined the words ‘Gigmania’ and ‘Gigmanity’ to describe those who judged character by the value of a person’s possessions. George Eliot later expanded this, writing of ‘conventional worldly notions and habits without instruction and without polish. proud respectability in a gig of unfashionable build’. And in 1848, towards the end of his novel Vanity Fair, Thackeray gave the dangerous Becky Sharpe a law firm named Burke, Thurtell and Hayes – the reader is entirely expected to recognize the three murderers’ names.* (#ulink_b2804ded-4c8e-5de7-ba9a-dc8104bf4691) And the joke ran and ran. In 1867, in Miss Jane, the Bishop’s Daughter, a novel that used elements of the Constance Kent case (see pp.362–79), the Bishop is advised to put his case ‘into the hands of Bedloe [a seventeenth-century fraudster], Wade and Weare of Thurtell’s Inn … Very respectable solicitors in, ahem! their own line.’

In 1862, this kind of post-mortem approval made Thurtell, Probert and Hunt names to give authority pause. The Marylebone Theatre, a melodrama house, applied for a licence for a play to be called The Gipsey [sic] of Edgware. On the manuscript submitted for approval, in handwriting that appears to be that of the Lord Chamberlain’s Examiner of Plays himself, notations marking the resemblances between the play and the murders appear in red ink throughout. At the end of the script ‘Turtle’s’ half-sister dies, crying out, ‘You are innocent, I know it.’ Next to this, the censor simply added a large red exclamation point, and the licence was refused.

Another quarter of a century later, the poet Robert Browning remembered a bit of doggerel he had learned as a child:

His throat they cut from ear to ear,

His brains they battered in,

His name was Mr William Weare,

Wot lived in Lyons Inn.* (#ulink_4c0eebe9-e67b-5a36-b92c-ec8f48bc61d5)

* * *

When the next great murder to capture the public’s imagination rolled around only four years later, Thurtell was the reference point to which people naturally returned. Maria Marten was the daughter of a mole-catcher in Polstead, a small Suffolk village. She was no better than she should be, having had two illegitimate children by two different men. A third man, a farmer named William Corder, was her current companion, by whom she had a third child. This time she was pressing for marriage. She was last seen in May 1827, heading to meet Corder at his barn on her way to Ipswich to be married. Corder returned to Polstead several times that year, telling her father and stepmother that he and ‘Mrs Corder’ had settled in the Isle of Wight. At first he said she had hurt her hand, and so couldn’t write; then that she had written and her letters must have gone astray. After the harvest, he left Polstead for good. Eleven months after the supposed marriage, her father found his daughter’s remains buried in a shallow grave in the Red Barn (barns in the area were traditionally painted red, but this one quickly became the Red Barn). The local magistrates sent for a Runner to trace Corder, and he was soon arrested in the London suburb of Ealing, where he was now married and the proud co-proprietor of a girls’ school.

Seducer-murders were not unknown, but the details of this one were a newspaper’s dream. First Miss Marten was tidied up, while opprobrium was spread over Corder. From a modestly prosperous tenant farmer, he was transformed into the rich squire of melodrama, preying on the innocent village maiden: one broadside called him the ‘son of an opulent farmer’, ‘living in great splendour’. Miss Marten, by contrast, was ‘a fine young woman’ who had merely formed an ‘imprudent connexion’. George IV, the erstwhile Prince Regent whose numerous affairs had been daily fodder for prints and satire, had come to the throne in 1820; Victorian mores were some time in the future, and the broadsides do not deny her two illegitimate children, they just don’t think they mattered. In one, Miss Marten was ‘of docile disposition’, inculcated with ‘moral precepts’, and her behaviour aroused ‘the esteem and admiration of all’; her little missteps (the children) were caused entirely by a ‘playful and vivacious disposition’; although ‘her conduct cannot be justified, much might be said in palliation’. The Times even commended the father of her second child, for sending financial support; and his letters to his discarded mistress ‘express the goodness of his heart … his conduct throughout has been that of a man and a Christian’.

Corder was condemned untried. He was ‘unfeeling and wretched’, said The Times, adding that he had also attempted to kill his mistress’s second child. The Observer picked up this story, which it elaborated. Corder had offered the child a fig, but – ‘as if by Divine interference’ – it was refused. Miss Marten’s stepmother, the story went on, cut open the fig, to find ‘something in the shape of a pill. in it’. Oddly enough, Mrs Marten did not trouble to question Corder about this, and he next gave the child a pear. Mrs Marten, fruit-examiner-extraordinary, again found a pill in it, and again did nothing – from which we may safely conclude, unlike the newspapers at the time, that the incident never took place. But the newspapers were in full cry: Corder had murdered his child by Miss Marten, they reported; Corder had been involved in forgery; Corder had been engaged with ‘the convict Smith’ in ‘transactions of a felonious nature. such as pig and horse-stealing’. Another report stated that Miss Marten’s first child was by Corder’s own brother.

But the real excitement for the readers was the facts of the murder and its discovery. Corder had persuaded Miss Marten to wear men’s clothes for her trip to the barn: he claimed, falsely, that the village constable was going to arrest her for having no visible support for her surviving child. (A later broadside gives an alternative explanation, that she was dressed this way to throw his disapproving relatives off the track.) Then there was the legend of the discovery of the body. Broadsides and even sermons recounted how Miss Marten’s stepmother had had a dream, three nights running, as in a fairy tale, in which she saw Miss Marten dead and buried in the barn. At these supernatural promptings, she persuaded her husband to go and search the Red Barn. The story of the dream was put in evidence at the inquest, although it is noticeable by its absence at the trial itself, being replaced with a more pragmatic explanation: as Miss Marten’s continuing silence became more worrying, a neighbour remembered that Corder had borrowed a spade on the day of her disappearance, and another person had seen him leaving the barn with a pickaxe. More cynically, the Observer suggested that the Martens had not worried unduly until Corder stopped sending money; then ‘the old people. began to dream about the murder of their child’. Most print outlets, however, were happy to give credence to the dream: ‘For many a long month or more, her mind being sorely oppress’d … she dream’d three nights o’er, Her daughter she lay murdered, under the Red Barn floor.’ Theatres loved it too: W.T. Moncrieff, in an 1842 version of the Red Barn story, The Red Farm, or, The Well of St Marie, noted in his foreword to the printed edition that ‘The extraordinary discovery of a murder … through the agency of a dream, might reasonably be doubted, did not the Judicial Records of our own Criminal History place it beyond all reach of scepticism.’ As late as 1865–66, the dream in particular continued to be a perennial favourite.

Another piquant detail was found in Corder’s life after he left Polstead, for he had met his wife by placing advertisements in the Morning Herald and the Sunday Times:

MATRIMONY. – A Private Gentleman, aged 24, entirely independent, whose disposition is not to be exceeded … To any female of respectability. and willing to confide her future happiness in one every way qualified to render the marriage state desirable, as the advertiser is in affluence; the lady must have the power of some property, which may remain in her own possession. should this meet the eye of any agreeable lady, who feels desirous of meeting with a sociable, tender, kind and sympathising companion, they will find this advertisement worthy of notice. Honour and secrecy may be relied on.

Scandalized and thrilled, readers learned that Corder had received more than forty replies from the Herald alone; there had been another fifty-three from the Sunday Times, but by then he was fixed up, so he never bothered to collect them. After the murder the owner of the accommodation address where the replies to the newspaper advertisement had been sent published them in a pamphlet, to the delight of all. In Douglas Jerrold’s play Wives by Advertisement, a send-up of Corder’s love life, the Hon. Jenkins Cigar advertises: ‘To the fair sex possessed of ten thousand a-year! A desirable opportunity! The advertiser is a gentleman aged five-and-twenty … has been inoculated and had the measles. he wears his own hair, and his moustachios, though in the stubble at present, promise to be forward in the spring. The advertiser wishes to meet with an agreeable partner. No letters received unless brought in a carriage and four …’* (#ulink_71f4128a-a5cc-55ae-8524-2002d0602ea8)

After a number of fairly standard farcical scenes, Cigar, ‘alias Tomkins, alias Winks, alias Puppylove’, is arrested, and the remaining characters, having learned their lesson, sing:

… oh, ye youths, the dame for ever scorn That’s advertised with horses, pigs, and corn! …

And, oh, ye maids, from husbands turn away, If advertized with razors, dogs, and hay! …

Jerrold’s farce was at least staged after the trial. The same could not be said for many others. A dramatic version of the murder was reported to have been presented at the Stoke-by-Nayland Fair in May 1828; in July, while Corder was still awaiting trial, two ‘theatrical representations’ of ‘The Late Murder of Maria Marten’ were staged at the Cherry Fair in Polstead itself, one of which included a scene in the Red Barn, ‘where the mutilated body was [seen] lying on … the floor, surrounded by the Coroner and the gentlemen of the jury as they appeared … after the fatal discovery’. Ballad-singers also cried their wares, selling broadsides that stated outright that Corder was a murderer.

The prosperous were as much absorbed as the masses. Staffordshire pottery figures were produced of Corder and Miss Marten, and, even more importantly, of the Red Barn, impossibly bucolic, and frequently with Maria Marten looking winsome in the doorway. These were big, expensive pieces, not for the working classes. There were further options for those who wanted to disguise their interest under the cover of morality: long before the trial began the Revd Mr Young preached an entire sermon on Corder’s evil deed, to a congregation said to number 5,000.

When Corder finally came to trial in August, the court spent some time on these affronts to justice.

DEFENCE: Pray had you not got a person preaching about this murder in the very barn itself?

THE LORD CHIEF BARON: What! what d’ye mean by preaching? – Is it a sermon?

DEFENCE: Yes, my Lord, and to a congregation of several thousand persons, specially brought together after regular notice in the parish, to hear this man described as the murderer of this unfortunate girl.

THE LORD CHIEF BARON: Scandalous! …

[Mr. W. Chaplin, the churchwarden is asked by the defence]: Did you hear the parson preach in the barn?

MR CHAPLIN: No, certainly not; but I heard of the occurrence.

DEFENCE: And you never interfered to prevent it?

MR CHAPLIN: I did not.

DEFENCE: Are there not exhibitions going round the neighbourhood, representing Corder as the murderer. And you’ve not interfered to prevent them? Is there not a camera obscura near this very hall at this moment, exhibiting him as the murderer?

MR CHAPLIN: There is a camera obscura, I believe about the streets, but I do not know the nature of the exhibition, neither am I aware that I have any power to prevent them in my own parish, much less in this town.

Technically, a camera obscura is a box with a lens, which projects an image of a place or a person onto a flat surface. They were frequently used by artists at the time for sketching from nature. It may be that here the term is used to describe some form of peepshow using projections. George Sanger, later the proprietor of one of Europe’s largest circuses (self-ennobled as ‘Lord’ George Sanger), as a boy in the late 1820s and 1830s toured fairgrounds with his father. Their peepshow ‘Murder in the Red Barn’ had pictures ‘pulled up and down by strings’, lit at night by candles.

I stood outside and asked the folks to ‘Walk up and see the only correct views of the terrible murder of Maria Martin. They are historically accurate and true to life … see how the ghost of Maria appeared to her mother on three successive nights at the bedside.’

When we had our row of spectators getting their pennyworths from the peep-holes I would describe the various pictures as they were pulled up into view. The arrest of Corder was always given special prominence, as follows: ‘The arrest of the murderer Corder as he was at breakfast. Observe the horrified faces, and note also, so true to life are these pictures, that even the saucepan is shown upon the fire and the minute glass upon the table timing the boiling of the eggs.’

None of this publicity was enough to halt the trial, any more than the irregularities of the inquest had been. Corder had been barred from attending by the coroner, who claimed that ‘he did not believe that the accused had any right to be present [at an inquest]; he never knew an instance of the kind’. It was explained to the coroner at the trial that, on the contrary, it was an obligation of the court that the accused should hear the depositions against him. Yet his abrogation of Corder’s rights did not appear to be any bar to him taking part in the trial itself, in which he acted as a prosecuting counsel.* (#ulink_4e781d10-3c5f-5841-b366-92f193de5d4a)

It probably made no difference. James Lee, the Bow Street Runner, had found Miss Marten’s reticule in Corder’s study, together with a pair of pistols and a sword, which was proved to have been sharpened at Corder’s request just before the murder. Furthermore, letters from Corder to Miss Marten’s parents, claiming his ‘wife’ was with him in ‘our lodgings, in the Isle of Wight’, were read out, in which he told them how they had married in Ipswich and that she ‘unites with me for your wellfare [sic]’, together with an ominous ‘P.S. I think you had better burn all my letters.’ Corder put up a miserable defence.† (#ulink_3be740f3-5150-50b3-aebe-9bf8cceb4820) He claimed that Miss Marten had left Polstead to hide a new pregnancy from her family. (Why? She had already had three bastard children.) Then he asserted that she had had some unspecified relationship with an unnamed man in London, and that when she reached the barn, ‘she flew into a passion, upbraided me with not having so much regard for her as the gentleman before alluded to’, and shot herself. Terrified to find himself with a body on his hands, he buried her. The stab wounds noted at the autopsy must have been made by a spade when the body was exhumed, he claimed.

This last is not as implausible as it sounds today. Post-mortems were still rudimentary (the first use of the term had only appeared a decade before). An initial post-mortem had decided that the ‘chief cause of death’ was ‘a [bullet] wound in the orbit [eye-socket]’, but after the remains had been re-interred, ‘It has been regretted that for the ends of justice, more time was not given for the inspection of the body, or that the inspection had not been minutely made,’ as on reflection a bullet through the eye was ‘little likely to be chosen for the perpetration of a murder of this deliberate character’. The body was therefore re-exhumed, and two stab wounds were now found, one between the ribs and one in the heart, both entirely unnoticed at the first PM. By the time the trial was under way, yet further thought had suggested that the silk kerchief Miss Marten had worn had been pulled ‘so tight upon the neck as to have produced death by strangulation’.

Corder was found guilty and sentenced to death. The Times was not sure which was more important, the verdict itself, or the speed with which the newspaper had reported it. ‘We yesterday morning, by extraordinary exertion, published the proceedings of the court up to the adjournment on the previous day, – or, in other words, gave in six closely printed columns the report of a trial which took place on the previous day at a distance of 72 miles from London, and which was not adjourned till eight o’clock in the evening,’ it boasted.

More sermons were immediately preached. On 17 August, the Revd Charles Hyatt of the Ebenezer Chapel, Shadwell, travelled to the Red Barn to deliver a sermon to ‘about 2,000 persons’, taking his text from Numbers 32:23: ‘Be sure your sin will find you out’, and using it to recycle the type of newspaper rumour familiar from the Thurtell case. When Corder was at school, Mr Hyatt told his congregation, ‘the depravity of [his] nature often displayed itself, by his constant habit of telling falsehoods, and by the depredations he committed upon his companions’; he had later formed ‘an acquaintance with a girl of very loose character’ and, as ‘the wages of her iniquity’, had supplied her with ‘peas and other articles from his father’s farm’. The sermon ended by warning ‘the peasantry’ against poaching, which Mr Hyatt stressed would lead to greater vices (presumably murdering women and burying them in barns).

That same evening, the Revd J. Pilkington preached from the same text at the Baptists’ Meeting House in Rayleigh, Essex, and at Bury St Edmunds the Revd George Hughes took a different text, but also preached on Corder. ‘A Suffolk Clergyman’ published An Address to My Parishioners and Neighbours on the Subject of the Murder lately committed at Polstead, in Suffolk, in which a certain amount of space was given to how the wages of sin lead only to death, while a great deal more was devoted to the details of Miss Marten’s murder. Furthermore, the clergyman had attended Corder’s final church service in gaol before his execution, a regular stop on the route to the gallows. The condemned was placed in a special, black-painted pew, while the coffin that he or she was shortly to fill stood in the centre of the chapel. The Suffolk clergyman evidently paid little attention to divine service that day, for he was able to describe Corder’s every gesture for his readers.

A novel, published together with a transcript of the trial, quickly appeared. This was ‘founded on fact’, the reader is assured, although it is an absolutely standard melodrama: there is the pure maiden, with her virtuous father, a model of ‘industry and frugality’; a gypsy fortune-teller; some smugglers; a gambler who in a Thurtell-ish moment ‘plucks’, or cheats, the Corder character; and a rejected suitor who returns having made a fortune in India. The author was probably the penny-blood writer Robert Huish (possibly together with the journalist William Maginn), who later wrote similar ‘true’ crime novels about James Greenacre and Maria and Frederick Manning (see pp.92–8, 157–82).* (#ulink_710620f2-5b32-5da7-9dea-c433bb999007)

The Times reported that by nine o’clock on the morning of the execution a thousand people had gathered at the scaffold in Bury St Edmunds. Three hours later this had swelled to 7,000. Unlike Thurtell’s, Corder’s death could not be mythologized. At the scaffold, claimed one broadside, he was ‘so weak as to be unable to stand without support’, and ‘he looked somewhat wildly around’ while he waited for the rope to be adjusted. In 1824, technical changes had been made to the scaffold, allowing adjustable chains which reduced delays while the hangman corrected the length of the rope. Even so, prisoners were still assessed only by height, not by weight, and some, in the phrase of the day, ‘died hard’. Corder was one of them. The hangman had to perform the ‘disgusting but necessary task, of suspending his own weight around the body of the prisoner, to accelerate his death’. Even then, it took another eight minutes for him to die.

Not everyone was disturbed. Physical remains were treated with a pragmatism that has since vanished. During the trial, the surgeon had ‘produced the skull of the deceased’, which was handed round to the jury members so they could see the fracture for themselves. A broadside commemorated this moment: ‘They brought her heart, her scull [sic], and ribs,/And showed before his face …’ Mr Marten, testifying to the finding of his daughter’s body, merely said he had ‘put down a mole spike into the floor … and brought up something black, which I smelt and thought it smelt like decayed flesh’. For those who may have missed these details in the newspapers and broadsides, Corder’s body itself was soon on display. After the execution it was transported to the town’s Shire Hall, where ‘Two incisions were made in the breast, the skin taken of [sic], and the muscles exposed to view.’ Then the body was displayed on a table in the middle of the Court, ‘quite naked, with the exception of the trowsers, shoes, and stockings’. * (#ulink_e1216a66-9b8a-5ee9-8033-71c114532797)‘Many thousands’ were admitted. For those who couldn’t be there, ‘two eminent artists, Mr. Mizotti of Cambridge and Mr. Child of Bungay’, made plaster casts. The following day the body was taken to the County Hospital and wired up to a battery to make it twitch in a demonstration of galvanic power, while the phrenologists, quack scientists who read character from the shape, or bumps, in the skull, competed for a cast of the head. Only after that did dissection proceed, for the benefit of the medical students. The bones ‘having been cleared of the flesh’, they were ‘re-united by Mr S. Dalton, and the skeleton is now placed in the Suffolk General Hospital’ (one visitor was reported to be Mr Marten himself). ‘A great portion of the skin has been tanned, and a gentleman connected with the hospital intends to have the Trial and Memoirs of Corder bound in it. The heart has been preserved in spirits.’ Many years later the pickled scalp was displayed by a leather-seller in Oxford Street.† (#ulink_19b7f00b-a6e6-5427-88cf-b72b9b874551)

Other souvenirs, slightly less macabre, were also available. The executioner, as a matter of right, got the clothes Corder died in, and also the rope. Such was the excitement over this case that it was reported that he had sold off the rope sections at a guinea an inch, including among his purchasers, it was rumoured, a gentleman from Cambridge who came especially to add this trophy to the university collection. For the artistic, a miniature of Corder was on display at the following Royal Academy Summer Exhibition. (The journals claimed to be appalled that respectable people were interested: ‘we looked, paused, reconsulted our catalogue, looked again, rubbed our eyes. No, it is impossible!’ But they reported it all the same.) For those with less cash and more enterprise, there was the barn itself, which was taken apart and ‘sold in tooth-picks, tobacco-stoppers, and snuff-boxes’.

Kaleidoscope magazine mocked the entire circus, with a picture of Corder lying on a dissecting table under which are sacks labelled ‘Mr Corder’s clothes’ and ‘Relics for sale’. Standing on the table over the body is an auctioneer, who is calling out, ‘Now then, Ladies & Gentlemen – the Halter is going at a Guinea an inch,’ while a person in the crowd responds, ‘I want some of it for the University,’ and another cries, ‘Oh! how delightfully Horrible!’ To one side, a man is saying to another, ‘The Officer says, Mr Sheriff, that the Pistols belong to him,’ while the other replies, ‘Why I would not part with them man for 100 Guineas!’ A second picture shows Corder’s body twitching, naked, on the dissecting table. A man at the door says, ‘I came to take a cast of his head,’ only to be told, ‘You must wait till the galvanic operations are over.’ Outside, the crowd gathers around a sign advertising ‘Camera obscura of the murder’.

From the outset fairs loved the story of the doomed Maria Marten. The journalist Henry Mayhew interviewed a strolling player who performed the Red Barn murder at a fair ‘in cavalier costume’. Reality was not the key: excitement was. The whole country was getting younger: at the end of the eighteenth century, 17 per cent of the population was between five and fourteen years old; by the 1820s, it was 25 per cent, and almost half the population was under twenty. This was an audience worth catering to: even if, individually, they had almost no money, collectively they could create riches. For many children, however, even minor theatre was out of reach. A place in the gallery of somewhere like the Britannia Theatre in Hoxton appeared cheap to the middle classes, but it cost between 3 and 4d., a significant sum to the less fortunate. Instead many boys and girls frequented illegal, unlicensed penny-gaffs, housed in disused shops and turned into theatres by erecting a rough stage at one end, with the remaining space filled with benches.

In 1838 it was estimated that there were about a hundred gaffs in London, each with a capacity of one hundred to 150 per sitting, with up to nine daily sittings. Thus attendance in any twenty-four hours was, at the least, and in London alone, 50,000 people. The audiences, almost entirely under the age of sixteen, were given, for their penny, three-quarters of an hour of some abbreviated play, two further pieces of about twenty minutes each, and a song. Much of the material was a debased version of what the regular theatres showed, and a great deal of it was obscene.* (#ulink_08d3b180-1956-5075-a8a8-05314a5ec504) There were no playbills, only a board with details of the evening’s entertainment outside. One example was:

On Thursday next will be performed

at

Smith’s Grand Theatre,

THE RED-NOSED MONSTER,

or,

THE TYRANT OF THE MOUNTAINS.

To conclude with

the BLOOD-STAINED HANDKERCHIEF,

or,

THE MURDER IN THE COTTAGE

Marionettes were frequently on the bill at the gaffs, and at fairs across the country. By the 1870s some marionette companies were substantial outfits, having five or six wagons touring in annual circuits, performing on stages set up at each stop for up to seven hundred people nightly. Thomas Holden, a later Victorian puppeteer, had a stage that was eight feet deep, and a proscenium arch fourteen feet across. Maria Marten was one of the touring staples, in the repertory of companies in the Midlands, Yorkshire, Wales and even into Europe. The Times report of a police raid on a penny-gaff in 1844 noted that the play being performed by ‘automaton figures. made to move with wires’ was Maria Martin, or, The Red Barn Murder. The police took into custody not only eighty-three audience members, but also ‘the wretch Corder, and his victim, Maria Martin; also the figure of death’.* (#ulink_235527e4-fe2b-59d9-a160-39a6b296b67c) Later Clunn Lewis, the proprietor of a long-lasting marionette company, claimed that Corder’s son came to see his family perform; Charles Middleton, another proprietor, countered by saying that in the 1860s his company had from delicacy refrained from performing in Colchester, where a surviving Corder lived.

The youth audience was avid, and penny-bloods quickly appeared. ‘Penny-bloods’ was the original name for what, in the 1860s, were renamed penny-dreadfuls. Each booklet, or ‘number’, consisted of eight (sometimes sixteen) pages, with a single black-and-white illustration on the top half of the front page. Double columns of text filled the remainder, breaking off wherever the final page finished, even in the middle of a sentence. The numbers appeared weekly, and could be bought as they were issued, or in monthly parts of four numbers bound together in a coloured wrapper. Bloods developed out of late-eighteenth-century gothic tales. G.A. Sala, in his youth a blood-writer, later a renowned journalist, described the bloods as ‘a world of dormant peerages, of murderous baronets, and ladies of title addicted to the study of toxicology, of gipsies and brigand-chiefs, men with masks and women with daggers, of stolen children, withered hags, heartless gamesters, nefarious roués, foreign princesses, Jesuit fathers, gravediggers, resurrection-men, lunatics and ghosts’.

The bloods’ astonishing success created a vast new readership for cheap fiction. Between 1830 and 1850 there were probably as many as a hundred publishers of penny fiction – ten for every one publisher of ‘respectable’ fiction. Many magazines, previously seen as improving reading for the working classes, now wholeheartedly gave themselves over to this type of tale. The first ever penny-blood, in 1836, was The Lives of the Most Notorious Highwaymen, Footpads, &c., in sixty numbers. Gentleman Jack followed, running for 205 parts over four years, without too much worry for historical accuracy or continuity. (The historical highwaymen Claude Duval, Dick Turpin and Jack Rann all appear as coevals, even though their lives actually spanned a century; Jack Rann is, rather carelessly, killed twice.) The main characteristics of the highwaymen conformed to melodrama type: they were upper-class, usually switched at birth, and yet despite being reared among thieves, they were noble and protected the poor and virtuous. The illustrations, crude to modern eyes, were an essential element. One publisher’s standing instruction to his illustrators was, ‘more blood – much more blood!’ The most successful penny-blood, and what might be the most successful series the world has ever seen, first appeared in 1844, written by G.W.M. Reynolds, politically a Radical, who two years later founded the journal Reynolds’s Miscellany. His Mysteries of London was based on a French series, Mysteries of Paris, by Eugène Sue, but it took on a life of its own, spanning twelve years, 624 numbers, nearly 4.5 million words and a title change to Mysteries of the Courts of London.

Henry Mayhew interviewed thousands of the working class in the 1840s and 1850s for his monumental study of street life, London Labour and the London Poor. These people were Reynolds’ prime market, and Mayhew reported that an ‘intelligent costermonger’, who regularly read bloods aloud to his less literate friends, told him: ‘You see’s an engraving of a man hung up, burning over a fire, and some costers would go mad if they couldn’t learn what he’d been doing, who he was, and all about him.’ The illiteracy of the auditors did not mean they had little vocabulary or understanding, however. The costermonger told Mayhew of ‘one of the passages that took their fancy wonderfully’: ‘With glowing cheeks, flashing eyes, and palpitating bosom, Venetia Trelawney rushed back into the refreshment-room, where she threw herself into one of the arm-chairs … scarcely had she thus sunk down upon the flocculent cushion, when a sharp click … met her ears; and. her wrists were caught in manacles which sprang out of the arms of the treacherous chair. ‘ Anyone who was happy to hear about flocculent cushions and palpitating bosoms could take most things in their stride.

In the1860s, after highwaymen and evil aristocrats, the next penny development was the remorseless policeman hunting down criminals. A Corder blood merged the two genres. The evil William Corder, hoping to marry ‘lady Amelia’, has first to ‘dispose’ of his illegitimate child by Maria, who stands between ‘Amelia, happiness and myself!’ Maria threatens to tell Amelia of her situation, and, ‘yelling in demoniac rage and ungovernable passion, the sinful man’ drives his knife ‘into her throbbing breast, from which the fell demon had torn the covering’, shoots her for good measure and buries her in the barn. Now Captain Dash, a notorious highwayman, appears at Corder’s ‘grand masked ball’ and reveals all, before taking up a siege position in the Red Barn. Dash turns out to be Maria’s rejected suitor, who loved her truly and became a highwayman from grief. There is no date on this publication, but it must be post-1860, as a detective appears to tidy away everything at the end, and a further title is advertised on the back cover: ‘Lightning Dick, the Young Detective’ – boy detectives first appeared in the 1860s.

Melodrama, too, took Maria Marten to its heart. The earliest stage version of the story was announced at the Pavilion Theatre, Mile End, shortly after the trial, and there is a brief outline of the scenes in the playbill. In Act I, Corder promises to marry Maria, but is already planning her betrayal: ‘The deed were bloody, sure, but I will do’t …’ After Maria’s murder, her mother wakes from a nightmare: ‘Help, help! My child! I saw her, sure, lifeless, smeared with blood! ‘Twas in the Red Barn! – and there stood Corder with a pickaxe digging out her grave.’ When Mr Marten discovers the body, there is an ‘affecting scene’: ‘she was the darling of my age, the prop of my existence’. In the final scene in Bury Gaol, Maria appears to Corder as a ghost. His last words are ‘Guilt, guilt … I am, I am her murderer!’

This story remained a favourite: a version in Cheltenham in 1828 had Miss Marten shot in front of the audience’s eyes; a production in Weymouth introduced gypsies into the plot (this element swiftly infiltrated most productions, usually in the guise of Pharos Lee, the renamed Runner); there was a Welsh version in 1829, in Monmouth and later in Cardiff; an undated production in Swansea; a production in Hull advertised ‘Maria Marlin [sic], the Pride of the Village’, who after death conducts her mother to her resting place ‘IN A FLAME OF FIRE’. In an early 1860s version, James Lee, the Bow Street Runner who had arrested Corder, now aged seventy-six, recreated his arrest onstage for a benefit performance. * (#ulink_3c72fcd0-9763-5b5b-9e4e-d544948cc053)All of these productions conformed to the standard melodrama casting, with Corder played by the ‘heavy’; Mr Marten the ‘second heavy’, or ‘heavy father’; Tim Bobbin, the comic servant, by the ‘first low comedian’; Mrs Marten the ‘character old woman’; and Maria herself, the ‘leading lady’.

Despite the multiplicity of productions, only two Red Barn scripts survive from the nineteenth century, one from what may be the Swansea production, the second from an 1890s northern touring company. The Swansea production conforms to all the standard melodrama requirements: it has the aged father blessing his child’s forthcoming marriage, the comic servants, the villain resolved on murder, the beautiful heroine pleading for her life ‘For my aged parents’ sake’, ‘the voice of Heaven conveying to a mother’s heart the murder of her darling child’, and finally, forgiveness for the sinner, amidst scenic effects in the condemned cell: ‘Ghost music. Blue fire. The spirit of Maria Marten appears.’ Corder confesses, ‘Bell tolls. Characters form picture [that is, stand frozen in a tableau]. Blue fire.’

By the 1890s, melodrama was no longer treated entirely seriously. A Manchester revival had music-hall turns interpolated into the story: ‘Sometimes the actor brings in a sly sentence in a burlesque of a line in Hamlet, and sometimes the house is made to roar over an allusion to a great cabbage which is brought on the stage.’ There was also a role for the ‘intelligent donkey, Jerry’, who would ‘prove that all men are descended from donkeys’, not to mention an unexplained ‘statue song’ and some dancing.

Long before the intelligent donkey took over, more frightening murderers were to stalk the stage. These were two Irishmen living in Edinburgh: William Burke and William Hare. Burke and Hare were, if you will, pioneers of capitalism, meeting rising demand with a more efficient supply. Medical schools officially used only the corpses of executed criminals for dissection, but by the late 1820s demand far outstripped the number of criminals executed – in Surgeons’ Square, Edinburgh, alone there were six lecturers on anatomy, all of whom required bodies on which to demonstrate. Thus, most medical schools quietly dealt with resurrection men, men who stole recently buried corpses from cemeteries. This was semi-illegal (‘semi’ because dead bodies in law belonged to no one; resurrectionists could be charged only with stealing grave clothes), but for the most part the trade was winked at.

The resurrection market was, however, tightly controlled, and two good-for-nothings like Burke and Hare had no hope of entering this macabre profession. These two men, whose names became synonyms for brutal murder, stumbled into their occupation by chance. Burke had been a navvy on the Union Canal, and then a cobbler; Hare kept a poor man’s lodging house in Tanner’s Close, where a third-share in a bed could be purchased for 3d. a night. Sometime in 1827, Burke and his common-law wife Helen McDougal moved in with Hare and his wife Margaret, after their own lodgings had burned down. Together they drank and got through life as best they could until a pensioner named Dougal died owing Hare rent. Burke and Hare recouped the debt by selling his body to Dr Knox, who ran one of Edinburgh’s three anatomy schools. To their astonishment, they received £7.10s. for the body – easily six months’ pay for an unskilled labourer. They lived off this windfall for the entire winter, and it was only in the new year that they realized that even £7.10s. would not keep them for ever. But old, frail people with no family ties don’t die on command. Then they had their brainwave – old, frail people with no family ties died every day among Edinburgh’s underclass, and no one questioned the death of one pauper more or less. So Burke, the more personable character, lured the unwary to Hare’s lodgings, where the two men gave them a drink and, when they were pleasantly fuddled, asphyxiated them. Then there was another fresh corpse for Dr Knox, and another few months’ income for the Burke and Hare families. In February 1828 an old woman, name unknown, vanished from their lodgings; sometime later that winter so did ‘Joseph the miller’. There were possibly more before Mary Paterson, a local prostitute, was disposed of the same way in April. But the pair were getting reckless. Mary Paterson’s friend Janet Brown had accompanied her when Burke enticed them to his lodgings, offering to keep them in fine style. Mary became stupefied with drink, but Janet left before she reached that stage. There was now a witness to the fact that at least one person had visited the Tanner’s Close lodging house and then vanished. Mary Paterson had been dead only five or six hours when her body was purchased by Dr Knox’s attendant. Yet no questions were asked about her obviously recent death, nor the lack of any indication that she had ever been buried. In his confession, Burke said no questions ever were asked. The assistant who bought Mary Paterson’s corpse was one William Fergusson – later Sir William Fergusson Bart, FRS, Serjeant-Surgeon to Queen Victoria and President of the Royal College of Surgeons.

Fergusson and his associates regularly paid Burke and Hare between £8 and £10 per corpse, and things went on smoothly until October 1828, when hubris was followed by nemesis. James Wilson, or ‘Daft Jamie’, was their next victim. Daft Jamie was a well-known Edinburgh street character who lived by begging and petty trading. He was about twenty years old at the time of his murder, physically large, but simple-minded and with a physical handicap, possibly club feet. It appears that Jamie refused the offers of alcohol, and thus, unlike all the other victims, was young, strong and sober, and able to fight back. Burke and Hare finally overpowered him, but it was impossible that his body showed no signs of violent death. It was even more impossible that no one would recognize his corpse. Some of the students did, but this simply hastened the dissection. Daft Jamie’s head and feet, which would have been familiar to many, were kept separate, again contrary to practice, as if Dr Knox and his assistants wanted to get rid of the recognizable bits first.

Even then, Burke and Hare continued unchecked. Their final victim was an elderly Irishwoman named Docherty. The Burkes had lodgers sharing their room, an ex-soldier named Gray and his wife. They were asked to move to Burke’s brother’s room for the night so the Burkes could entertain their ‘kinswoman’. The next morning, the Grays were told that she had become drunk and quarrelsome, so they had sent her on her way, Burke adding, ‘She’s quiet enough now.’ They also told Mrs Gray to stay away from a pile of straw in the corner. She had never been forbidden any area of their room before, so when the Burkes went out she investigated, and uncovered the corpse of an old woman. The couple, shocked, told Mrs Hare, who blandly offered them £10 to keep quiet. They left and notified the police.

By the time the police arrived, there was no body, but it was soon located in Dr Knox’s rooms, and the story unfolded. The Burkes and the Hares were all arrested, yet a successful prosecution was uncertain. The medical evidence for death by asphyxiation without violence on an old and frail woman like Mrs Docherty would be minimal, and apart from this one body, all the previous ‘sales’ had already been disposed of through the dissecting room. Hare was therefore chosen to turn king’s evidence, particularly as, if he had been charged, Margaret Hare would not have been able to testify against her husband.* (#ulink_235fc81b-69de-5ba7-90c2-fac0f99f39f8) It was Hare’s evidence that enabled indictments to be laid against Burke and his wife, Helen McDougal, on 8 December, for the murders of Mrs Docherty, Mary Paterson and Daft Jamie, and it was these three murders that formed the basis of the prosecution’s case.

Huge crowds surrounded the court for the trial, with three hundred special constables drafted in to hold people back, and the cavalry and infantry on standby. The trial lasted two days – 24 and 25 December – and it took the jury only fifty minutes to find Burke guilty, and the case against McDougal ‘not proven’.† (#ulink_2843de0a-5011-56ee-a91b-9890c4e80fe1) Burke was sentenced to be hanged, dissected and anatomized. Helen McDougal was officially released, but was kept in custody to protect her from the mob, who felt that she too should be ‘burked’. The Hares were kept in prison while the courts heard a suit by Daft Jamie’s mother to bring a private prosecution for his death; when that failed, another civil action, for ‘assythment’, or compensation, kept them imprisoned until after Burke’s execution.

All three ultimately skulked out of town, trying to escape their notoriety. Hare was recognized in Dumfries, and a crowd estimated at 8,000 gathered, hoping to lynch him. It took a hundred special constables to rescue him, and he was kept in prison overnight for his own protection before being set on the road to Carlisle. McDougal, according to one broadside, was recognized as she was attempting to get passage to Ireland, and at a cry of ‘Hare’s wife! Burke her!’ a mob gathered. Legends of the afterlife of all three abounded, particularly for Hare – he was said to have been tossed in a lime kiln and blinded, or to have ended as a beggar on London’s Oxford Street – but nothing more is known of any of them.

Public interest in the case was all-consuming. In 1815, in his novel Guy Mannering, Walter Scott had briefly mentioned the earlier case of Helen Torrence and Jean Waldie, ‘resurrection women’, as he styled them. They had promised to procure a child’s body for a surgeon and, no child having conveniently died, they murdered one. Now Scott, sorry to be away during Burke’s trial, was amused to receive that same month ‘a very polite card from the Medical Society inviting me to dine with them. It sounded like a card from Mr Thurtell inviting one to a share of his gig.’ At the same time an enterprising citizen had rented Hare’s cellar, and was showing it ‘for a trifle’ to visitors who queued twenty deep to have a look, and Scott was a wry observer of the ‘well dress’d females’ who visited it: ‘I did not go. although the newspapers reported me one of the visitors.’* (#ulink_bf5f192d-3443-5e41-88ea-32066d76d490)

Everything to do with the case was enthusiastically retailed in the newspapers. The Aberdeen Journal gave four of its five columns to the trial transcript, plus an editorial, and then ended with the rather naked hope that a local woman, one ‘Abigail Simpson, a miserable old woman, a pauper’, who had vanished some time before, might also have been one of the victims. The Courant’s circulation increased by 8,000 copies on the day it reported the trial. Nothing was too minor to be repeated, and, in default of other news, repeated several times. Many newspapers, rather than sending their own journalists, simply copied other papers’ reports, creating an echo chamber of innuendo and rumour. This applied to the London dailies as well as the smaller provincial weeklies or bi-weeklies. The Times had no non-Scottish-sourced article on Burke and Hare until after Burke’s conviction, and even then it was only an editorial. That same day, an article on Burke’s confession stressed that ‘The information from which the following article is drawn up we have received from a most respectable quarter’ – but that ‘we’ is somewhat fudged, as the entire article, ‘we’ included, is an unacknowledged reprint from the Caledonian Mercury.

The crowd at Burke’s execution – perhaps 20,000 people – cheered as the scaffold was built. For most executions, the labourers who constructed the scaffold drew lots to decide which of them would perform the hateful task. This time there were volunteers. Not for this crowd the respect frequently given to a gallant outlaw, or the pity for a pathetic victim only too closely resembling themselves. When Burke appeared, the crowd screamed its hatred: ‘The murderer! burke him! choke him!’ A journalist reported one spectator ‘hallooing and encouraging the mob to persevere in these manifestations of their feelings’, raising a roar each time the dying Burke was convulsed, conducting the crowd’s response until the body was cut down. The Times, normally quick to condemn not only the behaviour of the crowds at an execution, but their very presence, praised these outbursts as ‘ebullitions of virtuous and honest resentment. we honour them for it’.

As Burke’s body was removed from the scaffold, souvenir-hunters descended, grabbing at shavings from the coffin, or pieces of the rope.As usual, these relic-gatherers were condemned by the middle-class press. Yet middle-class scavengers were every bit as avid: a wallet made from Burke’s scalp is in the History of Surgery Museum in Edinburgh’s Royal College of Surgeons. Meanwhile Burke’s corpse took the same trip to an anatomy theatre as had many of those he had accompanied. This time, though, it was to the rooms of Professor Monro, a competitor of Knox, who was keeping a very low profile. First the grandees got a private viewing – the surgeon Robert Liston; the phrenologist George Combe; his follower, the sculptor Samuel Joseph, who took a cast of Burke’s head; and Sir William Hamilton, the philosopher, and Combe’s enemy, as a debunker of phrenology. Then Monro performed a public dissection, initially delayed by a riot staged by the vast number of students refused entry. The police restored order only when they promised that all would get a turn, fifty at a time. The next day, there was a display of the now-anatomized corpse for non-medical visitors. Visitors filed past Burke’s body between ten in the morning and dusk – perhaps as many as 30,000 came through the anatomy theatre. One man recorded in his diary: ‘Burke’s body was lying stretched out on a table in a large sort of lumber or dissecting room, quite naked. The upper part of the skull had been sawn off and the brain extracted, but in other respects he was untouched, except, indeed, that the hair had been all shaven off his body.’

All of these episodes were repeatedly recounted, not only in the newspapers, but in broadsides and ballads. The distinction between these forms of news was less rigid than it seems retrospectively. ‘The Confession of Burk’ [sic] is a broadside, but the content is in fact a reprint of news that had appeared in the Edinburgh Evening Courant the previous Saturday, while some of the newspapers elaborated an already extraordinary story with fictional devices: the Aberdeen Journal evidently saw no crossing of boundaries when it described, as though by an eye-witness, the death of one of the elderly victims.

This type of true-crime fiction was spreading. The Murderers of the Close was what today would be called a novelization, with ‘conversations put into the mouths of the different persons, as well as a few of the events, trifling in themselves, [that] are indeed fictitious’. The story sticks pretty closely to fact, with additional dialogue tacked on for drama or pathos. The book ends with Burke’s execution, and his religious meditations and remorse, and Hare’s escape, rounded off with pious thoughts for all. The illustrations were provided by Robert Seymour, whose fame was otherwise for comic imagery. (Seven years later he was to suggest to his publisher creating a series of comic illustrations, with text to be provided by a young journalist. Mr Charles Dickens duly agreed, and what became The Pickwick Papers was born.)

Actual Burke and Hare comedy was supplied by ‘Mansie Wauch’s Dream’ in the Aberdeen Journal the month after Burke’s execution. ‘Mansie Wauch’ was a fictional creation of David Macbeth Moir, a Scottish doctor, whose Life of Mansie Wauch, Tailor had appeared in Blackwood’s magazine and then in book form the previous year. Now, in his dream, Mansie is assaulted and boxed up for Dr Knox. First he is sanguine: ‘I had once dined with Dr Knox, and had some hope that, if I were beside him, I had a fair chance for my life.’ But when he is unpacked in the dissecting room, he hears Knox saying, ‘[T]his is indeed a prize; you have heard of Mansie Wauch, that’s him. I’d get five guineas for his skull from Mr—, the Phrenological Lecturer.’ ‘[M]y hopes in his mercy vanished like the morning dew,’ despairs Mansie, but fortunately the phrenologist is unwilling to buy a burked corpse. And so Mansie takes heart and shouts: ‘Murder – murder! I am Burked, but I winna be Knoxed.’

Unlike their practice with Maria Marten, the theatres in Britain at first held off from transforming this ugly story into melodrama. Not so in France, where the father of melodrama, René-Charles Guilbert de Pixérécourt (1773–1844), adapted it immediately as Alice, ou, Les Fossoyeurs écossais (‘Alice, or, The Scottish Grave-diggers’). Alice, a poor orphan, works for her aunt, a French innkeeper, and is in love with their lodger Edouard, a Scottish medical student. When he is wounded in a duel, Alice absents herself on mysterious trips, which the audience understands are to raise money for his medical care by in some way selling her body to be anatomized while she is alive – she daily ‘bares her arm to the unskilled knife of a young surgeon’, we are told vaguely. Edouard, recovered, goes home to Scotland to see his dying mother, and never returns. The abandoned Alice travels to Inverness, where Edouard confesses that he now has a rich fiancée. Alice then mysteriously vanishes, and in the last scene three resurrection men, Burke, Mac-Dougall and Rosbiff, arrive to sell Edouard a corpse, which is of course Alice. A very similar if much less elaborate British short story on the theme appeared two years later, when ‘The Victim. A True Story. By a Medical Student’ was published in the New Monthly Magazine. Again, a medical student’s fiancée vanishes, he buys a corpse from ‘an exhumator’, and it again turns out to be the missing fiancée, at which point the student goes mad.

Apart from these two forays, Burke and Hare provided little immediately in the way of popular entertainment that we know of. Generally the story was transformed into urban legend and scandalized word of mouth – in the early 1830s a friend of the poet John Clare was warned that trapdoors on London’s streets were left open deliberately, for the unwary to fall into underground lairs where they were robbed, killed and sold to the doctors. However, one newspaper reference to a fairground exhibition might indicate that there were ephemeral shows that were never recorded. The Examiner recorded that at Barnet, then a town outside London, an exhibition of some form of painted display, possibly a long, panoramic illustration on rolled canvas, showed the murderous pair at work, ‘certified to be correct to the minutest particular’. It had apparently also been shown in Edinburgh, and was to tour further.

There were a few other scattered references. Madame Tussaud, the founder of the waxworks dynasty and creator of the ‘Chamber of Horrors’ (at this date more sedately known as the ‘Separate Room’), had arrived in England in 1802, with models of the heads of executed French revolutionary heroes and villains. She spent the next thirty years touring the country, and in 1829, sixteen days after Burke’s execution, the Liverpool Mercury reported that she had on display ‘a likeness of the Monster Burke said to be taken from a mask of his face. we have no doubt that it will cause her exhibition to be crowded by persons anxious to see the features of a wretch whose crimes have hardly any parallels’. Two years later an advertisement for her show in Bristol promised that ‘THE BAND WILL PLAY EVERY EVENING’ while visitors examined both Burke and Hare’s features.

There appear to be no surviving plays about Burke and Hare in the Lord Chamberlain’s files, although there almost certainly were some productions at the minor theatres, never submitted for a licence. H. Chance Newton, a theatre critic born in 1854, said that among the earliest crime dramas he ever saw was one called Hawke the Burker. Leman Blanchard, in 1877, remembered that a theatre called the Shakespeare in Curtain Road, London, had at some time in the past produced ‘a piece founded on the murder of the Italian boy by Burke and Hare’. Whatever Blanchard was remembering had now become hopelessly confused: the murder of ‘the Italian boy’ took place in London in 1831, when two thugs named Bishop and Williams killed Carlo Ferrari, a street beggar, and tried to sell his body; Burke and Hare had no connection to this crime. Cecil Pitt’s Carlo Ferrari, or, The Murder of the Italian Boy played at the Britannia in 1869, but it seems unlikely that Blanchard would be so confused about a play that had been staged only eight years previously. Furthermore, the most comprehensive listing of London minor theatres gives only two named the Shakespeare, but neither was in Curtain Road.

By the 1860s, however, there was renewed interest in the Burkers. In 1859 the journalist G.A. Sala published ‘How I went to Sea’, a reminiscence of his schooldays, in which the boys were served up ‘a dreadful pie for dinner every Monday; a meat pie with … horrible lumps of gristle inside, and such strings of sinew (alternated by lumps of flabby fat) … We called it kitten pie – resurrection pie – rag pie – dead man’s pie.’ More soberly, Alexander Leighton, who otherwise specialized in tales of Scottish folklore, brought out The Courts of Cacus in 1861. (In Greek myth, Cacus was one of the sons of Vulcan, an eater of human flesh.) This was a highly romanticized novelization, beginning: ‘When the gloaming was setting in of an evening in the autumn of 1827, and when the young students of Dr Knox’s class had covered up those remains of their own kind from which they had been trying to extract nature’s secrets, one was looking listlessly from the window into the Square …’ and continuing with seventy-five pages of colourful tales of resurrection men, before finally getting around to the story of Burke and Hare.

Soon after came Mary Paterson, or, The Fatal Error, a serial in twenty-eight parts, by David Pae, a respected Scottish novelist, and pioneer of newspaper serial-fiction. Mary Paterson, the prostitute murdered by Burke and Hare, is here transformed, like Maria Marten, into the most beautiful girl in the village, the daughter of a respected village elder. She is loved by an honest farmer, but, ‘vain, giddy, and thoughtless’, she has ‘given her heart to one who moved in a higher station’, who has ‘wooed her clandestinely for the basest of all purposes’. This is Duncan Grahame, an Edinburgh medical student who is already engaged to his heiress cousin. He makes Mary pregnant and secretes her in a lodging run by Helen McDougal. Mary gives birth, finds out that Grahame is married, and returns home in remorse, only to discover that her aged father has died of grief and the wicked lawyer has managed to gain possession of the family farm – and that’s all in the first fifty pages. We skip over two years, and Mary is now walking the streets, Burke and Hare murder her, and when her corpse inevitably shows up on Grahame’s dissecting table, he is filled with ‘remorseful memories’, as well he might be. There is a particularly nasty section where the farmer, now the guardian of Mary’s child, watches Burke’s execution, ‘clap[ping] his hands with frantic vehemence’. Meanwhile Helen McDougal dies of exposure in a snowstorm, to be found the following spring with her face eaten away by rats; Margaret Hare is washed overboard as she travels back to Ireland; and Hare is set on the road to Carlisle, where we lose sight of him. After a lot of picaresque adventures, finally a murdered hermit is revealed to be Hare, the murderer-in-chief turns out to be Hare’s unknown son, who goes mad, runs amok and kills the alcoholic village doctor, who is – Mary’s Edinburgh student love, Duncan Grahame!

An advertisement for a penny-dreadful on the same subject followed the next year, but no copy of it seems to have survived, so it is unclear if this is Pae’s story repackaged, or whether his serial triggered a revival of interest. Now plays began to be staged. Again, no scripts appear to have survived, or even playbills. But the Era, a journal for theatre professionals, has an advertisement in 1867 offering: ‘BURKE and HARE … Manuscripts of this Startling Drama – terrific Situations, and Incidents Unparalleled in History of Fiction – now Ready. Terms moderate’. Over the next forty years, further Burke and Hare advertisements appear, never that many, but regularly: plays for sale, advertisements for a Burke and Hare ‘amusement’ (type unspecified), or a request for employment by a ‘Scotch Actor, accustomed to [play] daft Jemmy’. These plays were probably of the type known as ‘fit-up’, staged by travelling troupes in barns or saloons. One version toured Scotland for decades: the actors knew the outlines of their parts and nightly created their own dialogue, modified to suit the number of actors – if a second low-comedy player was available, an organ grinder was inserted into the action (another conflation with the Italian boy). Local children were always welcome additions as the burkers’ victims.

Only in the 1880s did Burke and Hare begin to appear in literature by writers of quality, and even then it tended to be among their weaker works. Conan Doyle, in his pre-Sherlock Holmes days, produced ‘My Friend the Murderer’, about a New Zealand bushranger who in seven months ‘hocussed and made away with’ twenty or thirty people. When the story begins, he is on the run after turning informer. As with Hare, he is constantly recognized and barely escapes lynching, before he is killed in a brawl. Conan Doyle was piling on effects: the bushranger is called Wolf Tone Maloney, the name echoing that of Theobald Wolfe Tone, the founder of Irish republican separatism. The choice probably reflects Doyle’s deep dislike of such politics (the story was written shortly after the Phoenix Park murders) and is at least an unsubtle reminder of Hare’s Irish origins. Robert Louis Stevenson, two years later, also chose the short-story form for a treatment of Burke and Hare’s crimes. His narrator is Fettes, an alcoholic village doctor, who studied in his youth under ‘a certain extramural teacher of anatomy, whom I shall here designate by the letter K’. Fettes’ job was to deal with ‘the unclean and desperate interlopers who supplied the table … It was the policy of Mr K—to ask no questions … “They bring the body, and we pay the price.” ‘ But when Fettes recognizes the body of ‘Jane Galbraith’ [Mary Paterson], whom he had seen only the previous night, he knows that the crime is not simply grave robbery. He consults with a more senior student, who tells him to shut his eyes: ‘Do you know what this life is? There are two squads of us – the lions and the lambs. If you’re a lamb, you’ll come to lie upon these tables like … Jane Galbraith; if you’re a lion, you’ll live and drive a horse like me, like K—, like all the world with any wit or courage.’* (#ulink_8617eba3-a3f1-5cac-aa84-e73f35bc1fbe) Then the plot veers off and the two turn resurrection men themselves. One dark night they set out to disinter a newly buried farmer’s wife. On the way home they become more and more uneasy about their gruesome burden, until finally they open the sack. ‘A wild yell rang up into the night’: instead of the farmer’s wife, inside is the body of one of K—’s long-dissected corpses.

The Pall Mall Gazette, which published the story in its 1884 Christmas issue, ran an advertising campaign that was long acknowledged as being uniquely macabre: one man remembered ‘posters so horrific that they were suppressed’, another that it had included a procession of sandwich-board men dressed as corpses, carrying their own coffins. While the advertising was unusual, the story was less so. Stevenson had initially set out with a fictionalized version of the facts, only to turn gruesome reality into nothing more than a standard ghost story.

Genre fiction was embracing Burke and Hare. James McGovan, the pseudonym of William Crawford Honeyman (1845–1919), an early writer of detective stories set in Edinburgh, returned frequently to the subject. In ‘The Missing Bookbinder’ a woman consults a detective: ‘If this is no another Burke and Hare business I’ll eat my ain bannet.’ Her sister has vanished from her lodgings at a cobbler’s, and ‘they would get something for her body; and ye ken Burke was a cobbler too, but he found that bodies paid better’. The all-knowing professional is patronizingly dismissive: ‘Nothing could dissuade this big, warm-hearted woman from the idea that doctors were still eager and willing to buy bodies from the first offerer, asking no questions as to how the goods came to be bodies; or from believing that her sister’s delicate frame had been utilised in that manner after the brutal fashion introduced by Burke and Hare.’ (The sister, it turns out, died naturally, but the cobbler registered her death under his wife’s name to get some insurance money.)

The detective’s superior tone was now the prevailing attitude to these anatomization fears. As early as 1844, the comic sporting writer R.S. Surtees had treated the common people’s fascination with Burke and Hare in precisely this manner: when the grand Duke of Donkeyton recommends a speech by the MP and political theorist Edmund Burke: ‘Fine speech of Burke’s; monstrous fine speech,’ but the lower-middle-class Mr Jorrocks knows better: ‘ “He was ‘ung for all that,” observed Mr. Jorrocks to himself, with a knowing shake of the head.’

Finally, Burke and Hare, those thuggish, vicious men, like Thurtell ended up as a children’s jingle:

Up the close and doun the stair,

But and ben wi’ Burke and Hare.

Burke’s the butcher, Hare’s the thief,

Knox the boy that buys the beef.

* * *

The crimes of Burke and Hare had convulsed the entire country. Other stories were more local, but in retrospect may have had more importance. Such a one was the killing of John Peacock Wood in 1833.

For decades, policing had been endlessly discussed. Originally, the term ‘police’ had merely meant the administration of a city, and the civic well-being that followed (the word derives from the same source as ‘policy’); but during the French Revolution ‘police’ in France began to mean the men who were charged with maintaining ‘public order, liberty, property, individual safety’; in Britain, nothing like it existed. Even a century earlier, a French visitor had been amazed: ‘Good Lord!’ he cried, ‘how can one expect order among these people, who have no such word as Police in their Language.’ The government regularly called out the army to control mobs and quell uprisings, but there was no civil force whose job included the prevention and detection of crime. This lack was considered a virtue: Fouché’s police force was regarded as nothing but a nest of paid governmental spies.

Before 1829, changes to the parish and watch systems had been blocked by a coalition of right-wing ‘county’ elements joined by their opposite numbers, the political Radicals. Both groups feared, for different reasons, that a professional force would destroy civil liberties, bring in a system of secret-service spying to consolidate political power and introduce what was, in effect, a standing army. In short, they believed the new police would be ‘expensive, tyrannical, and foreign’, and most people felt they would ‘rather be robb’d. by wretches of desperate fortune than by ministers’. Nonetheless, the Home Secretary Sir Robert Peel, a political operator of brilliance, persuaded many that the rise in crime made some sort of solution imperative. There probably was no such rise – there was a rise in prosecutions, the consequence of a change in social expectations, and a growing intolerance of disorder; there were also more governmental surveys and early attempts at statistical analysis of crime figures. Together these created an appearance of increasing crime. Peel may or may not have understood that this was a difference in perception, not reality; in either case he used this perception to promote his end.* (#ulink_63ab29e1-e623-58b3-9a82-fc24c9f5e10d)

For the most part, over the previous two decades high-profile stranger-murders requiring this new type of policing had been rare: the Ratcliffe Highway murders, the death of Spencer Perceval, and Burke and Hare. The other cases that had attracted attention were domestic, and were easily dealt with by older methods – Corder, Fenning (pp.183–200), Scanlan (pp.130–39), even Thurtell had killed an acquaintance. But the times were uneasy, people apprehensive. The end of the French wars had seen the return of large numbers of suddenly unemployed men inured to violent death; high food prices and chronic unemployment were producing ever more incidents of civic unrest, from machine-breaking to the Corn Bill Riots, the Spa Field Riots, bread and wage riots and Peterloo. Now the police were presented as agents who would prevent civic disorder.

Thus on 29 September 1829, parishes within twelve miles of Charing Cross saw the first ‘new police’ on the streets: five divisions, with 144 Metropolitan Police constables apiece. Within eight months there were 3,200 men, all dressed in blue. The Bow Street Runners had worn red waistcoats, but otherwise dressed in civilian clothes. The new police’s uniforms had been carefully chosen to indicate their professionalism, while at the same time the colour had been selected to reassure the population that, unlike the red-coated army, this was a civil, not a military force. (Not that the new colour choice made much difference: the police were quickly dubbed ‘raw lobsters’ or ‘the unboiled’. An unboiled lobster is blue; when it is put in hot water it turns red. Thus a policeman was only ‘hot water’ away from being a soldier.) The uniform was also protective: the stock at the neck was leather, not linen, and the rabbit-skin top hat had a reinforced leather top and bracing; according to one policeman’s memoir, it weighed eighteen ounces. (In 1864 it was replaced by the ‘Roman’ helmet that is still worn.) The only weapon carried was a baton, with a rattle (replaced by a whistle in 1884) to summon aid.

Peel’s instructions for the new police stressed that constables ‘will be civil and obliging to all people’, while being ‘particularly cautious not to interfere idly or unnecessarily in order to make a display of his authority’. ‘The object to be attained is the prevention of crime,’ yet the police also had what today would be called ‘caring’ roles in their communities: looking after ‘insane persons and children’, ensuring that street nuisances (rubbish, waste, building materials) were removed, enforcing Sunday trading laws and preserving public order. The middle classes quickly came to accept this ideal as the reality, while the working classes were less persuaded, frequently with good reason. The early recruits were not exactly the crème de la crème, and of the initial intake of 2,800 men, 2,238 were swiftly dismissed, 1,790 for drunkenness.

This distrust came to a head in three separate incidents in 1833. The first was what became known as the Cold Bath Field riot. In May a group of workers calling themselves the National Political Union organized a rally in London. Lord Melbourne, the Home Secretary, ruled it an unlawful assembly, and flyers were posted warning the population not to participate. On the morning of 13 May about seventy-five constables were stationed near Cold Bath Field, the planned rallying point, with reinforcements backing them up – altogether, about 450 men were on call. When the workers arrived, the police superintendent moved his men in. Bricks were thrown, baton charges were led, many were injured, three constables were stabbed and one died. The policeman in command, Superintendent Mays, claimed he and his men had marched slowly down the street towards the speakers’ platform, planning to arrest the leaders and give the crowds time to leave under their own steam. They only charged, he said, when bricks and stones were thrown; he also claimed that the rioters had guns (although everyone agreed that no shot had been fired). On the other side, eye-witnesses reported that the police had charged immediately, indiscriminately attacking men, women and children, many of whom had nothing to do with the rally, but were simply passers-by. The officers made no attempts to rein in their men, and the crowd response was purely self-defence. The jury at the inquest on PC Robert Culley reached a verdict of justifiable homicide, noting that the Riot Act had not been read, which made the police charge illegal.* (#ulink_6b1bf394-c14d-5d5f-9d3d-dea2dfe8b1a6)This verdict was quashed on appeal, and a subsequent parliamentary inquiry found that the police had not used excessive force. This was decidedly not the public’s view. The caricaturist Robert Cruikshank wrote a savage attack on the authorities, inflating the number of police to eight hundred, and suggesting that Culley had probably been stabbed by another policeman. He ended by parodying Peel’s instructions with a set of his own ‘Necessary Qualifications’ for policemen: ‘He must be utterly destitute of all feelings of humanity … He must qualify himself for action, by knocking down, every half hour, all the poor fruit-women he can find and other peaceable hardworking people, who endeavor [sic] to get an honest livelihood to support their large families. If able to perjure himself with a clear conscience he may depend upon speedy promotion.’

While the inquest and inquiry were continuing, public outrage was exacerbated by the ongoing case of Popay, known generally as ‘the police spy’. William Popay was a police sergeant sent to infiltrate the National Political Union. He pretended to be an artist and attended meetings in ‘coloured clothes’ (plainclothes), acting as an agent provocateur, inciting his supposed fellow workers to illegal actions. When he was unmasked, earlier fears about the true nature of the police force seemed to be justified. It was, said the Radicals, nothing but a government-sanctioned spy network, paid for, to add insult to injury, out of working men’s taxes. Another select committee was set up, but before it could deliver its report the death of John Peacock Wood suddenly assumed significance.

Wood should have had no fame at all. He was a waterside character in Wapping, by the London docks, an amiable drunk, a man of no trade or settled way of life. But he was harmless. On the night before his death he was drinking at the White Hart tavern with a friend, his wife and the landlady. According to witnesses at the inquest, a squabble arose over who was to pay for a pint, and this attracted the attention of a policeman, who ‘laid hold of the deceased, and shoved him “right slap” into the street’, where he fell on the pavement. A succession of witnesses agreed that Wood had been knocked down by a policeman, while another constable was seen with ‘a stick in his hand’, and another ‘lift[ed] the man up, whose head fell again to the pavement; the blow was violent’. It was not the first blow, either: the policeman’s hands were ‘stained with blood’. Somehow it took four policemen an hour to carry Wood the 250 yards from the tavern to the police station. A man in the cells saw him dragged by his feet into a cell (‘A deep murmur and expression of horror here burst forth’), where he was left until ten o’clock the next morning, at which point a doctor was sent for. Wood was treated and taken home, but he died that afternoon of a fractured skull caused, said a doctor, not ‘by a lateral fall, but. by a large round stick’.

It was not just the death, but the behaviour of the police and the coroner at the inquest that incensed the population. The police swore that the cells’ other occupant could not have witnessed Wood’s treatment, because he had been discharged at six (said the charge book), or maybe it was 2.30 (the inspector). The police were permitted to sit in the court before they testified, unlike the other witnesses, which meant that they would be able to tailor their evidence. (The coroner stoutly protested that no policeman would think of doing any such thing.) At an identification parade the constables arrived dressed in street clothes, rather than their uniforms – to evade recognition, thought many.

The fractious bickering between jury and coroner continued for thirteen hours on the first day. On the second, four doctors testified that Wood’s fracture had been caused by a truncheon-shaped object. Another witness testified to seeing him being chased by the police, but the coroner refused to accept this evidence, dismissing it as ‘disgraceful’. A juror snapped back, ‘If an honest perseverance to elicit the truth was disgraceful, he would admit that their conduct throughout the whole proceedings was disgraceful indeed.’ The coroner backed down, mumbling that it was ‘the firing and cross-firing’ of questions that he had been referring to, before adjourning the sitting.

On the third day, another twelve hours was spent on the case. A number of policemen testified to the very great care they had lavished on the unconscious Wood. One ‘burst into tears, and said he had an aged mother, whose feelings had been much hurt by his name being mixed up with the affair’. A juryman, unmoved, asked him if it were not true that he had previously ‘broken a man’s head with his truncheon’. The coroner refused to let him answer the question, and the court was adjourned in uproar once again.

On day four, a witness agreed with the police account, testifying that she had seen Wood carried carefully. On cross-examination, however, it was found that her evidence matched nothing that anyone else had seen that night, that it followed a private interview with the police inspector before the hearing, and furthermore that she had been seen drinking with another policeman only that morning. The coroner said he had received a note suggesting that Wood’s head ‘might have been accidentally struck against a beam at the entrance of the station-house’, but even the police agreed that that was not possible, and ‘the Foreman of the Jury observed – “The writer of the note must have had a beam in his eye.” ‘

On the fifth day, a witness who testified against the police was so confused and contradictory that the jury showed their independence of mind by saying they refused to believe a word. The solicitor watching proceedings for the police leapt up and asked that the witness be committed for perjury, at which the jury noted sourly that none of the police witnesses who had obviously lied had been so threatened. The coroner, not knowing when to let well alone, smugly commented, ‘I hope that the eyes of the Jury are now opened. I cannot but say from my heart, that there is not a tittle of evidence that can be relied on against the police: not a tittle that can be placed in comparison with the manly, straightforward evidence given by the police themselves … I cannot help saying, that since the Court was opened, the Jury have pursued a course such as I have never before witnessed in the course of my life, and such as I hope never to see again.’ The jury cried, ‘“Shame, shame!” and with clenched fists approached the Coroner … An indescribable scene of confusion followed. The people in the room united in the vociferations of the Jury, and the crowd in the street. expressed their approbation by loud shouting and clapping of hands.’ The coroner realized the position he’d put himself in, and added hastily, ‘I feel deep sorrow for having expressed myself in a manner disagreeable to the Jury, whose conduct, it is my duty to state, as far as the ends of truth and justice are concerned, does them great credit: I did not mean in what I said to censure them morally.’ The jury were having none of it, and the foreman responded: ‘We stand here as honest men, having characters to support, and I can say before God, that I came into this room unbiassed against the police. Nothing that can be said to us, in the way of censure, can affect our verdict. If we are to be taxed with having a bias against the police, I, for one, would lay down my fine of 10l. [for refusing jury service], and walk home.’ Then the coroner tried to speak, but one of the jury interrupted him: ‘You have called us biassed men; we have been ill treated by you individually and collectively: your conduct has been most partial [great confusion].’ The inquest was once more adjourned.

When it resumed, the coroner finally summed up: ‘When I found that some members of the Jury endeavoured to degrade my office [the Jury here exclaimed that they did not], and to impugn my impartiality – when I perceived the spirit of persecution in which the examinations were conducted [cries of ‘No, no!’], and the intemperate manner in which all interference on behalf of the police was resisted – I felt bound by every obligation … to extend the broad shield of the Judge over the devoted heads of the policemen, and protect them from the cruel inquisition to which they were exposed.’ He then admitted that he might have been led into ‘some warmth of expression’, which he regretted. The jury took three hours to consider their verdict (this in an age when death sentences were routinely agreed in twenty minutes), returning with a verdict of ‘Wilful Murder against some policeman unknown’, adding a rider that the death certificate should be altered to read ‘We are of opinion [sic] the murder was committed with a truncheon by a policeman of the K Division.’ The coroner responded coldly: ‘The verdict is yours, and not mine, and on you rests the responsibility.’

And there the case rested: no one was ever identified, so no one was ever charged. But a few weeks later, the House of Commons reported on Popay, condemning his behaviour as ‘highly reprehensible’ and blaming his superiors for their lack of proper supervision. The public too made its feelings known: on Guy Fawkes Night, the two police commissioners, Richard Mayne and Charles Rowan, were burnt in effigy on local bonfires, together with a third guy, labelled ‘Justifiable Homicide’.

The following year, the police distinguished themselves even less, demonstrating the limitations of preventative policing. This time it was not the murder of a friendly drunk, but of a respectable member of the merchant class. Thomas Ashton, the twenty-two-year-old son of a mill owner, had left the family house at Gee Cross, near Ashton-under-Lyne (now part of Greater Manchester), at 7.30 one evening in 1834 to deputize for his brother at their father’s Apethorne factory (Ashton usually managed another family mill, at Woodley). Minutes later, a messenger from the mill rushed in: ‘He believed Mr. Thomas was down in the lane, and hurt.’ Mr Thomas was not hurt, but either dying or dead, having been shot at point-blank range. At the inquest, a nine-year-old girl said that she had seen three men on the road, and thought one of them had been carrying a gun, which he tried to conceal as she passed. A book-keeper from the mill testified that three men had been sacked the week before, ‘for irregularity in their general conduct’, but none of them was known to have made any threats against any of the Ashton family, and one had already been rehired. This was a time of great labour unrest, and there was some discussion about whether the men had belonged to the Spinners’ Union, but no evidence was offered, and in any case the Ashton mills were in full employment. Mention was made of a ‘piece of thin and soft blue or purple paper’ which had probably been used as wadding in the gun that was fired, but this clue seemed to lead nowhere. The jury brought in a verdict of ‘wilful murder against three persons at present unknown’, and the government offered a £600 reward.

The Manchester Guardian said that the perpetrators must have been outsiders: not only had no one recognized them, but they had made no attempt to hide their faces, as though they had no fear of recognition. The case remained in limbo for three years, until William (or James, depending on which newspaper you read) Garside, in gaol for stealing tools, told the authorities that he knew something about the murder. He refused to speak to the magistrate, however, until a three-year-old copy of the Hue and Cry* (#ulink_79ed7f42-02b1-5179-9de5-41ef781cf125)was found, to prove to him that the government was offering a reward (now raised to £1,500) and a pardon to anyone except the person who had actually fired the gun who could give information leading to the discovery of the murderers. Garside could not read, but the offer was read aloud to him. As a result he admitted to being present at the crime, and named two brothers, Joseph and William Moseley, as the perpetrators.

All three were committed for trial. Although the newspaper reports are not explicit, it looks as though William Moseley turned king’s evidence and testified against the other two. Joseph Moseley and Garside were committed for murder, William Moseley for aiding and assisting. Each of them blamed the others. William Moseley said he had been looking for employment near Macclesfield when he met a man named Stanfield or Schofield, who was with Garside and Joseph Moseley. The three men talked, and William said he caught the words ‘the union’. Garside and Joseph then told him that they had agreed to shoot one of the Ashtons, ‘because of the turn-outs’ (strikes), and they would be paid £10 for the murder. He said they signed a book, and he made his mark. ‘We then all went down on our knees, and holding a knife one over the other, said. “We wished God might strike us dead if we ever told.” ‘ Garside said Joseph Moseley was the one who fired the gun, while Joseph Moseley, who had no legal representation, simply said that his brother William had committed ‘many crimes’, while Garside would swear to anything for the price of a drink. As to himself, ‘It is not likely that he should shoot a man that he never saw or knew any ill of.’ This was his only defence. The jury took a few minutes to decide that Garside was the actual murderer, but that Joseph Moseley was equally guilty. They were sentenced to hang. William was found guilty as an accessory, but later reprieved.

The resolution of this three-year-old crime caused a sensation among all classes and types. The Stockport Advertiser couldn’t keep up with demand, and was driven to produce single sheets of the trial transcript. It was anti-climactic, therefore, when the executions were delayed into the following year, after legal wranglings over jurisdiction. Thus, while the Manchester Guardian dedicated nearly 27,000 words to the trial, by the time the two men were finally executed it was no longer topical, and the paper did not cover it at all.

This sad little case would merit no more than a mention in a history of labour unrest, were it not for two works of literature that it spawned. As a preliminary, however, in 1842 came a novel that in no way qualifies as literature. William Langshawe, the Cotton Lord was written by the daughter of the owner of the Manchester Chronicle, whose previous work, the title page advertised, was The Art of Needlework. The book reads pretty much as one would expect from the authoress of The Art of Needlework. Although set among the cotton mills, William Langshawe has a heroine who dresses in ‘a gossamer robe of spotless white’, a hermit with a secret sorrow (of the sort so often seen in the industrial heartlands) and the occasional outbreak of Italian banditti. The important thing about the book for our purposes is that there is a millhand named Jem, who loves another millworker, Nancy, who has ideas above her station and is conducting a flirtation with the son of a factory owner. Jem, in his anguish, turns to ‘The Union’, a fearful organization that plans turn-outs in order to reduce ‘beneficent and liberal masters. to the very edge of ruin’. Twenty pages before the end a factory owner’s son sets off for his mill, shortly after which ‘a sudden knock was heard at the hall door’, and, just as with Thomas Ashton, a messenger comes in to say, ‘I’m afeard he is down in the loan [sic], much hurt.’ The young man is ‘borne in by the men – a corpse’, while ‘not a clue, not the remotest trace of the villains remained’. There is a footnote: ‘Let not my readers image [sic] that this awful incident has been invented. A few years ago a young cotton manufacturer of the highest respectability, and most excellent character, was murdered even so, and as suddenly, as we have described, by order of the Spinners’ Union.’

That readers could have forgotten the Ashton case was confirmed in 1848, with the publication of one of the great works of nineteenth-century fiction. Mrs Gaskell’s Mary Barton used the incidents of the case, but while many reviewers commented on her fictional interweaving of the realities of industrial unrest and the battles between the owners and the workers, none seems to have recognized the origin of her story. In Mary Barton, Mary, a milliner’s assistant, is loved by Jem Wilson, a factory mechanic. She initially rejects him in favour of Harry Carson, the son of the local mill owner, although she soon realizes she loves Jem and breaks off with Carson. He and Jem fight, and are stopped by a policeman, in whose hearing Jem threatens Carson. Meanwhile, the millworkers are striking. Mary’s father, John Barton, takes part in a plan to murder one of the owners, for which lots are drawn. John Barton goes to Glasgow to talk to the workers there; Jem simultaneously agrees to accompany his cousin Will Wilson on the walk back to his ship in Liverpool. That night, Harry Carson is found shot dead in the lane. The gun is identified as Jem’s, and he is arrested. The wadding from the gun is found by Mary’s aunt. It is part of a valentine Jem sent Mary, but Mary alone knows this is evidence of his innocence, and her father’s guilt – she had given the paper to her father.* (#ulink_5b321342-fcd1-5294-84f5-123b17a67837)She sets out for Liverpool to get Will to return and testify to Jem’s alibi, the only way to save Jem without endangering her father. Will’s ship has left, and Mary goes out in a small boat, shouting up to him that he is needed. His captain refuses to give him leave, but Will arrives to give his evidence in the nick of time, Jem is saved and Mary declares her love for him. John Barton, now dying, confesses to Carson’s father, who forgives him.

The novel was quickly acclaimed as being by an ‘author in the very front rank of modern novelists’, but it was not recognized that the author had used reality as the basis for her (or, as this reviewer thought, his) art. Even the Manchester Guardian failed to recognize the case it had reported so thoroughly a decade earlier. Instead, it says that while Mary Barton is well written and well constructed, ‘the authoress has [?erred – semi-illegible] against truth, in matters of fact’. Her tale of murder was a libel on the workers, it went on, because ‘they never committed a murder under any such circumstances’, and a libel on the owners, ‘who have never been exceeded … in acts of benevolence and charity’.

While Thomas Ashton may have been forgotten, Mary Barton’s story became hugely popular among the working classes. Three plays, all at minor theatres, were based on Mrs Gaskell’s novel, and two scripts survive. In the script of the 1850 version, the Examiner of Plays has scored through all the political references – gone is the workers’ delegation to Parliament, and no longer is Barton a Chartist delegate. Gone too is the scene where the workers conspire to kill Carson (which must have made the plot difficult to follow), and in the final courtroom scene, respect for sacred personages meant that the swearing-in of witnesses takes place in dumbshow. After the acquittal of James (not Jem in this version), the dying Barton begs Carson: ‘Oh sir, say you forgive me the anguish I have caused you. I care not for death, but oh man forgive me the trespass I have done thee. I die, oh. The world fades from me, a new one opens to you, James and Mary,’ and the play ends with a final tableau.

For many theatres, spectacle was the essential ingredient, with various types of lighting and stage effects used to create the required ‘sensation-scene’, the high point of the evening, full of special effects and new technology. The stage manager at the Britannia reminded himself of what was needed for one scene:

Ring Down [curtain] when shower of fire out.

Screams & yells & all sorts of noises. Coloured fires burning.

Braces falling on sheet iron. [clanging noises of battle]

… sparks from Dragon Mouth.

… Red Lights full up.

Quite how realistic these effects were is difficult to judge. In 1871, a melodrama at the same theatre had a scene in which the heroine, trapped on an ice floe with the villain, is rescued by a passing steamer. This sounds technically astonishing, until one reads the stage manager’s diary entries:

21 AUGUST: ‘This night our large steam-ship in the last scene … stuck … on the stage midway & would not come down.’

22 AUGUST: ‘This night our large steam-ship broke through the stage, & stuck fast mid-way.’

23 AUGUST: ‘This night our large steam-ship broke through a plank at the back of the stage and would not come any further … on Tuesday night, the wheels caught in the shaking waters & clogged & wouldn’t come down.’

25 AUGUST: ‘Tonight it stuck at the back of the stage & would not come forward at all.’

26 AUGUST: ‘Tonight it broke through the Vampire Trap!’

In Mary Barton, or, The Weavers’ Distress at the Grecian Saloon in Shoreditch in 1861, the high point was the sensation-scene in which the workers set Carson’s mill alight, and Jem roars in to rescue the trapped Henry. Then Mary has a dramatic speech – ‘I see naught but Jem, a dying man on the gallows. I hear naught but his groans ringing in my ears’ – Will arrives in the courtroom on cue and the drama ends with a rousing speech from the judge – ‘I tell you, that you are bound to give the Prisoner the full Benefit of the slightest doubts you may have on your minds, such is the Law of England, such is the Law of humanity.’ – and Barton’s revelation that it was not he who killed Carson after all, but another character who never appears in the play, and is anyway dead: a murder where no one is to blame.

It was Dion Boucicault (1820–1890) who returned Mrs Gaskell’s story to the middle classes. The Long Strike (1866) followed Boucicault’s great success, The Colleen Bawn, another play based on a murder (see pp.130–33), and he went back to the elements that had worked for him in the past. The fire that had thrilled the Grecian audiences is gone, but Boucicault knew better than to deprive his audience of a sensation-scene. He himself played Johnny Reilly, the renamed Will. When his captain refuses him permission to go ashore, Reilly cries, ‘Jane [the Mary character in this play] has called me back, and back I’ll go,’ and ‘goes to the window, throws out coat and hat, takes stage to foot lights, runs up, springs through window, disappears’. In Act IV comes the great innovation. Jane no longer walks to Liverpool – that is far too old-fashioned. Instead, she and the lawyer Mr Moneypenny plan to send a telegram from the ‘Telegraph Office – Messages sent to all parts of the United Kingdom’. They arrive, only to find that the line is closed for the night. Much still needed to be explained to the audience about this miracle of the modern world, so the clerk laboriously spells it out: ‘The telegraph is a private enterprise, and maintained for profit. The business coming in after nine o’clock would not pay, except on the main lines.’ Moneypenny ratchets up the drama: ‘. that wire was the thread on which the lad’s life was suspended, and it fails her’. The operator is sympathetic and says maybe, just maybe, they can get through. The tension is heightened by the slow relaying of and replying to the messages coming and going, but then – miraculously – a signal!

Boucicault, a great admirer of French theatre (or, as his many enemies had it, a frequent plagiarizer of French plays), may have known of a play Dickens had seen in Paris ten years before. La Rentrée à Paris was, said Dickens, barely a play at all, but while ‘There is nothing in the piece. it was impossible not to be moved and excited by the telegraph part,’ where, in a Paris railway station, the crowds wait for the soldiers returning from the Crimea. There is an electric telegraph office to one side, and a ‘marquis’ offers:

‘Give me your little messages, and I’ll send them off.’ General rush … ‘Is my son wounded?’ ‘Is my brother promoted?’ etc. etc. Last of all, the widowed mother. ‘Is my only son safe?’ Little bell rings. Slip of paper handed out. ‘He was first upon the heights of Alma.’ General cheer. Bell rings again, another slip of paper handed out. ‘He was made a sergeant at Inkermann.’ Another cheer. Bell rings again, another slip of paper handed out. ‘He was made colour-sergeant at Sebastopol.’ Another cheer. Bell rings again, another slip of paper handed out. ‘He was the first man who leaped with the French banner on the Malakhoff tower.’ Tremendous cheer. Bell rings again, another slip of paper handed out. ‘But he was struck down there by a musket-ball …’ Mother abandons all hope; general commiseration; troops rush in. son only wounded, [enters] and embraces her.

Boucicault’s version was similarly effective, so much so that at the end of the century some variety bills were still running the scene on its own, amputated from the rest of the play.

‘Amputate’ is the key word for the next horror that titillated the reading public. On 28 December 1836, a labourer walking past a building site on London’s Edgware Road saw a sack tucked under a flagstone propped at the side of the road. Upon investigation it proved to contain the body of a woman ‘in a horridly mutilated state’. When the report said ‘body’, it meant ‘body’: it was a torso (complete with arms), packed in with some towelling, a child’s dress and a piece of shawl. No identification could be made, and nothing further happened until 6 January 1837, when a lock-keeper at Regent’s Canal lock in Stepney, in the East End of the city, found his gates blocked. He felt around with his boat-hook and, to his horror, pulled up a human head. One of the eyes ‘was quite cut out, by means of a blunt instrument’, and the earlobes were slit, as though earrings had been torn out. The head was taken to Paddington workhouse, where it was judged to be a match for the torso. Both were preserved in spirits, and kept for viewing by those who were searching for missing friends or relatives. On 2 February, a pair of legs was dredged out of a bed of reeds near Coldharbour Lane, in Brixton, south of the river, wrapped in a sack on which the letters ‘eley’ and ‘erwell’ could be read.

Although the police force’s role was officially only preventative, detective work, and forensic science, were beginning to develop. The constable on the beat at Edgware Road, PC Pegler, traced the sacking to a Mr Moseley, a corn chandler in Camberwell. The parish surgeon added his information: the torso was that of a woman, about five feet six inches; her skull had been fractured, and he thought that most probably her eye had been knocked out before death, but the decapitation had been performed after. He judged that the head had been in the water for four or five days. (The parish surgeon in Paddington was less helpful: he reported that the torso had been dead only twenty-four hours, and then added, confusingly, that that meant three or four days.)

Even with this information, nothing further transpired until 20 March, when a man named William Gay provisionally identified the head as that of his sister, Hannah Brown, a washerwoman. Mrs Brown had been engaged to a cabinetmaker named James Greenacre, and they were to marry on Christmas Day, with another cabinetmaker, named Davis, to give her away. Mrs Brown sold off her mangle and laundry equipment, and on Christmas Eve she moved out of her lodgings. Late that night, Greenacre appeared at Davis’s house to tell the family the wedding was off: ‘He had discovered that she was without property, which she had led him to believe she possessed,’ they had ‘had some slight words’, and she had left him. He was ‘much agitated’, but given the circumstances there was nothing odd in that, nor in ‘his having a bundle under his arm. as he might have been providing for his Christmas dinner’. When Mrs Brown failed to appear at the Davises’ that night as expected, they assumed she was embarrassed.

The police asked Davis to view the head, and he agreed it was Mrs Brown. When the police arrived at Greenacre’s lodgings he denied all knowledge of her. A woman named Sarah Gale was living with him, and she seemed to the policeman to be hiding something. He asked to see it, and it turned out to be two rings, a pair of earrings and a pawnbroker’s ticket for two silk dresses, which were identified as Mrs Brown’s, as was the jewellery. In the next room, Sarah Gale’s boxes were found to contain part of a child’s dress which matched the piece of fabric that had been found with the torso. Greenacre and Mrs Gale were both arrested.

Interest was at fever pitch, as was hostility to the two supposed murderers. The Times took the lead in producing a positive waterfall of vicious rumour: that Greenacre had advertised for a wife after Hannah Brown’s death (shades of Corder); that he had murdered his illegitimate child (he didn’t appear to have had one); that he had previously been charged with ‘administering a drug to a female … for the purpose of procuring abortion’ (why, if he was so ready to kill children?); that he had had a boy apprenticed to him for a high fee, then accused him of stealing, so he could discharge him but keep the premium; that there were two more illegitimate children, one of whom he had left at a workhouse door, the other he had ‘made away’ with; that he was one of the Cato Street conspirators (who had planned the mass assassination of the entire cabinet sixteen years before); that he had encouraged someone to kill the Duke of Wellington; and that he had put ‘inflammatory bills’ and ‘the King’s speech, turned upside down’ in his shop windows, signs of incendiary radicalism. A broadside further claimed that Greenacre had made ‘overtures. of a base kind’ to the daughter of a friend, and when she resisted he ‘made a forcible attempt’ on her. His friend protested, and Greenacre in revenge got the man’s son to summons his father, claiming he wasn’t being taught his trade, as set out in his indentures. This was disproved immediately, and the son’s remorse was so great that he ‘did not survive, and died a maniac’. (This beautifully moral story is embellished with a gory picture of Greenacre cutting off Mrs Brown’s head.)

At the magistrates’ hearing, Greenacre said that Mrs Brown ‘had often dropped insinuations in my hearing about her having property enough to enable her to go into business, and that she had said she could command at any time 300l. or 400l. I told her I had made some inquiry about her character and had ascertained that she had been to Smith’s tally-shop [which gave goods on credit] in Long-acre, and tried to procure silk gowns in my name, she put on a feigned laugh, and retaliated by saying she thought I had been deceiving her with respect to my property by misrepresenting it.’ They had been drinking, and he struck her, whereupon she fell off her chair, hit her head and died. At which point, ‘I unfortunately determined on putting her away.’ Then he backtracked: she had arrived at his lodgings already ‘rather fresh from drinking’ and ‘was very aggravating … I own that I tilted the chair with my foot, and she fell with her head against a clump of wood, and appeared insensible; I shook her, and tried to restore her, but she was quite gone.’ His main concern in every statement was to stress that Mrs Gale knew nothing of the matter. She had not been there, and Mrs Brown’s body was gone by the time she returned; he told her they were keeping her belongings in payment of a debt. But both were committed for trial, Greenacre for wilful murder, Mrs Gale as an accessory after the fact. As they left the court, the mob had to be held back by the police: ‘thousands of persons’ followed the coach ‘the whole of the way to Newgate, with the officers of police, their staves out, running by the sides and after the coaches’.

At the trial a surgeon testified that the blow to Mrs Brown’s head had definitely taken place before death, and worse, her eye had also been knocked out before she was dead. Even worse still, ‘the head had been severed from the body while the person was yet alive’. This may or may not have been the case – forensic science was still very basic – but it was generally believed. It took the jury only fifteen minutes to find Greenacre guilty of murder, and Sarah Gale as an accessory.

Soon after his conviction, Greenacre confessed, although he still insisted the death was accidental. He said that he had waved a wooden towel-jack at Mrs Brown, to frighten her, and had inadvertently put out her eye; she fell, and he found she was dead, so he dismembered her to get rid of the body. He took two omnibuses to reach the canal, sitting quietly with the head wrapped up on his lap. He later walked towards the Edgware Road with the torso in a sack until a passing cart gave him a lift some of the way. For the last stage of the journey he said he had taken a hackney cab.

The newspapers fell on these details. The Champion and Weekly Herald, a Chartist paper run by William Cobbett’s two sons (including the one who had supposedly learned to read by keeping up with news of Thurtell), gave all four of its pages to the trial. The Figaro in London satirized the financial bonanza: ‘Greenacre positively established two weekly papers. and it is a well known fact that had this murderous wretch been acquitted, a piece of plate would have been presented to him by the proprietors. for his invaluable services in advancing [their] interests.’ This is a joke, but the idea was valid: four months later the Age was only half-satirical: ‘every line that came from [Greenacre’s] mouth was worth at least threepence’.

Yet Greenacre broadsides were not selling well. One patterer* (#ulink_dc441164-8fe8-5261-abb4-b0af41d558be) was wise after the event: ‘Greenacre didn’t sell so well as might have been expected, for such a diabolical out-and-out crime as he committed; but you see he came close after Pegsworth [who murdered a draper over a £1 debt], and that took the beauty off him. Two murderers together is no good to nobody.’ But this didn’t mean no one was interested. While the trial was pending, two men charged sightseers 3d. to see Greenacre’s rooms, especially ‘the arm-chair and block of wood which it was said the unfortunate woman fell on. This sum was readily paid by an immense number of persons.’ Catchpenny works proliferated, including one claiming to be an autobiography (almost certainly a journalist’s confection), and another, the partial title of which was: ‘GREENACRE, OR, THE EDGEWARE-ROAD MURDER. Presenting an Authentic and Circumstantial Account of Thismost sanguinary outrage of the Laws of Humanity; and Showing, upon theconfession of the culprit, the Means he Resorted to, in Order to Effecthis bloody purpose; Also his Artful and Fiendlike Method of Mutilating hismurdered victim

Greenacre was also popular in penny-gaffs. James Grant, a journalist, reported that ‘the recent atrocity known by the name of the Edgeware murder, was quite a windfall’ to them, theatres choosing ‘the most frightful of the circumstances’ to display ‘amidst great applause’. Current murders were popular because, as the audiences already knew the stories, they could be pared down to the most sensational episodes. This suited the gaffs, which crammed in as many daily shows as the market would bear – one performer remembered that he did twenty-one shows in twelve hours on Boxing Day in 1835 – and therefore concision was essential. Likewise, for current events, a script could be dispensed with and the company simply ad-libbed: ‘Number one is told, “You, sir, play the hero and have to frustrate the villain in all and every scene. You, number two, are the villain, and must pursue the lady, make love, stamp in fury when you are refused. You, number three, are the juvenile … make love, embrace, weep and swear to die for her you love … Now you, madam … you are the heroine, and must rave and roar when you refuse the villain’s proffered love, and mind you scream right well.” ‘

The middle classes loved to condemn this sort of working-class entertainment, believing it led to vice. In 1844 the chaplain of the Brixton House of Correction said that ‘almost all’ of the boys there had first been led astray by visits to penny-gaffs or fairs, where they had watched depictions of crimes ‘calculated to inflame the passions’. Yet no one regarded Greenacre as fearful in the way Burke and Hare had been fearful; for some reason, he was funny. Greenacre’s whole life had been marked by ‘treachery and deception – in small matters as well as great’, claimed John Bull: when he took Mrs Brown’s head on the omnibus, it solemnly revealed, he had asked what the fare was. ‘Sixpence a head, sir.’ He paid his sixpence, ‘thus paying only for one head instead of two’. Bell’s Life filled its correspondence columns with answers to readers’ questions about the betting on whether or not Greenacre would hang. (These columns printed only the editor’s answers; the questions must be inferred.) A report on a prize fight in the same paper uses the word ‘Greenacre’ quite casually to mean a blow – ‘the Black thought he could not do better than again try to pop in another “Greenacre” under Preston’s left ear …’ Even the intelligentsia joined in: Jane Carlyle thought a portrait of her husband Thomas had ‘a gallows-expression … I have all along been calling it Greenacre-Carlyle’. And the Revd R.H. Barham’s Ingoldsby Legends commemorated Greenacre in jingly nursery-rhyme rhythms:

… So the Clerk and the wife, they each took a knife,

And the nippers that nipp’d the loaf sugar for tea;

With the edges and points they severed the joints

At the clavicle, elbow, hip, ankle, and knee.

Thus, limb from limb they dismember’d him

So entirely, that e’en when they came to his wrists,

With those great sugar-nippers they nipp’d off his ‘flippers’

As the Clerk, very flippantly, termed his fists.

… They determined to throw it where no one could know it, Down the well, – and the limbs in some different place.

… They contrived to pack up the trunk in a sack,

Which they hid in an osier-bed outside the town,

The Clerk bearing arms, legs, and all on his back,

As that vile Mr. Greenacre served Mrs. Brown …

The crowd at Greenacre’s execution was large, vocal and perfectly good-humoured, purchasing ‘Greenacre tarts’ from a pie-seller while they waited. Seven weeks later, Princess Victoria became Queen Victoria, and public opinion began to change.

* (#ulink_932ab65e-be41-5b26-a3b0-dd3fe5f950bc) A harmanbeck is a constable. A buffer might, as in our current use of the word, mean a doddery old man, or it might be one of two slang words in use at the time: a dog, or ‘A Rogue that kills good sound Horses only for their Skins’. Either way, Thurtell was not happy. I have been unable to discover why a green coat is a term of contempt. Perhaps they were old-fashioned, reinforcing the ‘old man’ element of the insult?

* (#ulink_1fb268cf-4916-5afb-82ca-04347bcbb79b) One legal historian has suggested that this verdict had more to do with a private feud between the insurance company’s lawyer and the judge than with the merits of the case.

* (#ulink_e8baca49-3a7f-50ac-a564-3ca4abce30d1) This example of servant humour provided the middle classes with much merriment. Even forty years later, Dickens knew his readers would recognize the reference in Our Mutual Friend when he suggests that a Fat Lady at a fair kept up her weight ‘sustained upon postponed pork’.

* (#ulink_4591d582-98b2-59bc-a719-fd23dd1fe094) This meeting has been much disputed, and Egan may simply have worked from press reports and information supplied by sporting friends.

* (#ulink_9dc7c297-12e6-54be-9ab3-8e9b767a723f) The Coburg changed its name to the Royal Victoria (the Vic) in 1833. Later in the century it became known fi rst colloquially, then formally, as the Old Vic, which it remains today.

* (#ulink_9dc7c297-12e6-54be-9ab3-8e9b767a723f) All plays were subject to governmental oversight, and all theatres had to submit their scripts to the offi ce of the Lord Chamberlain before performances could be licensed. Historians have cause to be grateful for this censorship. The Lord Chamberlain’s offi ce kept the scripts, and they are frequently the only surviving copies, particularly for plays produced at the minor theatres. Much of the material that follows relies heavily on the Lord Chamberlain’s Plays, now held in the British Library, and only slightly the worse for wear after being kept for a century or so in a coal cellar in St James’s Palace.

* (#ulink_7cdc6708-292b-5c2e-8ddd-f7eb516ef56a) The author of the Surrey’s play is always listed as ‘unknown’, but a seemingly hitherto unnoticed letter from the journalist Leman Blanchard, dated 23 April 1883, has survived in the British Library: ‘The piece called The Gamblers [was] hashed up by Milner if I remember rightly.’ Blanchard cannot actually have ‘remembered’ the production at all, as he was born only in 1820, but he was a professional playwright by 1839, and his father, William Blanchard, was a comic actor before him, so he may well have heard the play spoken of. Certainly its notoriety long outlived its run at the Surrey.

* (#ulink_5e2a2cc5-dbc2-5c32-8b98-2c7d0617786c) Some of these items retained a posthumous glamour. In the twentieth century Norwich Public Record Offi ce was the proud owner of a pair of scissors said to have been Thurtell’s in his cloth-merchant days, and of his original certifi cate in bankruptcy.

* (#ulink_8e754325-bf5c-5c14-9120-ac0546a12182) Almost every report agrees that Thurtell read his defence, and read it well. Yet a contemporary scholar thinks that Thurtell’s letters ‘show him to have been semi-literate’ at best, and suggests that Egan may have had a hand in his defence speech. Perhaps Thurtell, a lover of theatre, had memorized it.

* (#ulink_01d34d59-0898-5c91-8c7f-b77351f71d75) Probert’s escape via immunity was short-lived. In 1825 he was convicted of stealing a horse and hanged at Newgate. A broadside claimed that so many people attended his execution that ‘a boy actually walked from one side of the street to the other, on the heads of the people’.

† (#ulink_77643a66-f767-5b73-9ad9-de32f7b59e95) Mulready also sketched both Hunt and Probert. The drawings are now in the Victoria and Albert Museum.

§ (#ulink_f94dad10-087e-5e60-ae9a-171cb096a520) Thurtell lived on among the sporting set. In 1868, at a dog show, a ‘champion stud’ included the pups Palmer, Probert and Williams. For Palmer, the Rugeley poisoner, see below, pp.258ff. Williams may either be the Ratcliffe Highway murderer, or one of a trio of murderers in the Burke and Hare style, who was executed for the murder of an Italian beggar-boy in 1831.

* (#ulink_f94dad10-087e-5e60-ae9a-171cb096a520) Jack Ketch was a seventeenth-century hangman, and his name was used colloquially to mean any executioner.

* (#ulink_3a4b23da-b8f0-5834-8c4d-ad292dd4575e) Bulwer-Lytton (1803–73) was born Edward George Earle Lytton Bulwer, and until 1838 he was known as Edward Lytton Bulwer. On his father’s death he became Sir Edward Bulwer, and in 1843 he added his mother’s maiden name, Lytton, to become Sir Edward Bulwer-Lytton. Ultimately he became 1st Baron Lytton of Knebworth. For simplicity, I refer to him as Bulwer throughout. Unlike Bulwer, Hannah Jones’s success was one of scale, not fi nance or renown: she wrote and sold widely, but was, according to The Times, given a pauper’s burial. For more on penny-bloods, see pp.58–60.

* (#ulink_f0357ba4-2785-51c3-9dea-65a66d8b958e) Catherine Hayes (1690–1726) murdered her coal-merchant husband by beating him to death with the help of two men, then dismembering the body. She was the last woman in England to be burned alive for petty treason.

† (#ulink_98eff2b7-176d-5f3b-8a26-e1ef03d60746) It perhaps suits the theatricality of Thurtell’s legend that Lyon’s Inn was later pulled down to build the New Globe Theatre.

* (#ulink_675bc8fd-d60b-515a-b631-35e5028d9518) Jerrold (1803–57) was a prolifi c playwright, with over seventy plays to his name, including the smash hit Black-Ey’d Susan. He wrote for Punch, and from 1852 he was the editor of Lloyd’s Weekly Newspaper. His son Blanchard Jerrold (1826–84) was also a journalist, and became editor of Lloyd’s on his father’s death. He was named for his father’s great friend, the journalist Laman Blanchard (1803–45), not to be confused with the playwright Leman [sic] Blanchard (1820–1889), who was no relation, but who also turns up in this book.

* (#ulink_3edde225-26b8-5ee1-a767-9d47cf925820) In very simplifi ed form, until the 1880s, prosecutions in England and Wales were brought privately, by the victims or (in cases of murder) representatives of the victims. (Scottish law had slightly different procedures.) The most important cases were frequently taken over by the Home Offi ce, with the Treasury Solicitor overseeing the case for the prosecution. In 1879 the creation of the Department of Public Prosecutions gave the Attorney General an enhanced role, and improved coordination. The police, as hunters of criminals, gradually took over the preparation of the prosecutions through the century.

While the government was not necessarily involved in any prosecution, for much of the century there was a marked lack of separation of function. As late as 1877, in the case of a woman accused of murdering a child, the Chief Constable sat on the bench during the magistrates’ hearing, and a policeman who gave evidence at the same hearing served as a juror at the inquest on the child.

† (#ulink_e170a7bc-9f46-50e2-8d7f-e1442ebcb73d) Many newspapers claimed that Corder was planning to use Thurtell’s defence speech. He may have been planning it, although given the different circumstances of the two cases it would be hard to understand how, much less why. Ultimately he did not, and the story is probably more likely to be newspaper hype, a way of alluding to the previous exciting murder.

* (#ulink_6b06bd35-1275-51c7-b4d3-af1ac5275705) It is probably safe to say that Huish was the only penny-blood author who was also an expert on beekeeping. For many years he was a columnist for the Gardener, Florist and Agriculturalist, and he was the author of A Treatise on the Nature, Economy, and Practical Management of Bees.

* (#ulink_57eca2df-d11e-5784-8071-1090b49d3ab6) John Williams’ body, too, had been described as ‘naked’, and it too was dressed in shirt, trousers and stockings. For much of the century ‘naked’ meant dressed only in underclothes, but in these cases it seems to mean without jacket, hat, kerchief or neck-cloth – that is, without any outdoor clothes.

† (#ulink_57eca2df-d11e-5784-8071-1090b49d3ab6) In 1943 The Times reported that the town clerk in Bury St Edmunds had turned up the prosecution brief for the trial. It was given to the Bury St Edmunds museum, which was already the proud possessor of the book bound in Corder’s skin, and his preserved scalp.

* (#ulink_1d7b676a-73bb-578c-9231-6f5f1fcad7f6) Almost everything we know about penny theatres comes from middle-class journalists, who wrote for equally middle-class readers who expected to be horrifi ed and perhaps titillated by their reports. Class biases are a given, even from the most sympathetic reporters.

* (#ulink_d4efc2db-c29b-5886-a34f-4e8d641b70a3) Some puppets from the Tiller-Clowes company have survived and are now in the Victoria and Albert Museum. The museum has fi lmed a tiny clip of the marionettes in action in the Red Barn, which was at one point viewable on its website. It has recently vanished, and can now be seen only by appointment at their Hammersmith archive. This is a great pity, for it is well worth watching for the red handkerchief that fl owers on Maria’s bosom as she is knifed, and the dastardly Corder’s fi nal ‘heh-heh-heh’ and hop for joy after her death.

* (#ulink_80b0839f-c3c1-5bd8-bbf6-6f11dca4f2c0) Benefi ts were performances for which the box-offi ce receipts were given to a particular actor, playwright, or some other person connected with the theatre. At many East End theatres, all actors and writers – even the stage manager – expected to have a benefi t every season. The theatres also had benefi ts for local causes, or for famous people in need of fi nancial support, like Lee.

* (#ulink_110fa384-0ed1-5d56-8111-5a1898c2d600) There is no evidence that Hare or Burke ever married the women they lived with, but under Scottish law, living together made them legally man and wife.

† (#ulink_a7223346-d242-580d-b481-2d15622585dd) ‘Not proven’ is a verdict in Scottish law, indicating that the prosecution has failed to make its case suffi ciently strongly to secure a conviction, yet neither has the jury been persuaded that the accused had no involvement in the crime. A ‘not proven’ verdict means that the prisoner is released.

* (#ulink_46d16a7b-213f-5b22-964e-5f030e21bba4) He may not have gone, but he remained fascinated: two years later he wrote to the publisher of one of the trial reports, saying he had compared Burke’s and Hare’s confessions, and listing over twenty instances where they confl icted.

* (#ulink_2d2bf923-815c-501f-8d8f-a1c1b65b262b) It seems impossible that Stevenson could be thinking of anyone except Sir William Fergusson here (see p.63).

* (#ulink_388adc8d-b40a-55d2-8c79-f32eb0489c01) I will deal with policing and enforcement practices as they related to the crimes I discuss, but the major change – how the centralization of policing led to it becoming part of the apparatus of state – needs another book.

* (#ulink_8270ccf5-cfd6-5db7-b44c-f17bfd4f1534) The Riot Act (1 Geo. I St.2. c.5) of 1715 permitted ‘tumults and riotous assemblies’ to be broken up after strict procedure was followed: the Act had to be read aloud, using a set form of words, to those whom the offi cials wished to disperse. The crowd then had one hour to leave the area. Force was not permitted until that hour had elapsed.

* (#ulink_d4a17a91-0459-5787-8efa-a51333be70a1) The Hue and Cry was the offi cial police publication, founded in 1786 by a Bow Street magistrate, a bi-weekly four-page paper which itemized crimes, described wanted criminals, listed stolen property and publicized government rewards.

* (#ulink_4f92070f-85a1-50bf-9432-51d7e16fc54b) The wadding clue in the Ashton case spawned a number of fi ctional descendants. In Bleak House (1852–53) Dickens has his police detective, Inspector Bucket, recognize the wadding found near the murdered lawyer Tulkinghorn as ‘a bit of the printed description of your house at Chesney Wold’. In Andrew Forrester’s early 1860s story ‘The Judgment of Conscience’, Miss G., his female detective, builds her entire case around wadding made from a page of Johnston’s Chemistry of Common Life, an East End cobbler’s constant companion (for more on Miss G., see pp. 300–301). Reality only caught up with fi ction in 1884, when John Toms was convicted of murder on the evidence of a piece of wadding recovered from the body of his victim, which was identifi ed as matching a broadside in his possession.

* (#ulink_59300e67-e73e-504b-8158-4f240c46aa47) A patterer sold broadsides – ‘pattering’, or reading from them, and teaching the tunes to the songs. A standing patterer had a fi xed pitch; a running patterer roamed a district with his goods.




THREE Entertaining Murder (#ulink_57d754c2-aa11-5a60-ac3b-087f36f1e6ec)


One of the most influential stories of murder throughout the Victorian age was not Victorian at all, but had taken place while Queen Victoria’s great-great-grandfather was on the throne. Yet this 1745 crime resonated as late as the 1880s, when the actors Henry Irving and Ellen Terry toured in a heavily romanticized version of the life and death of Eugene Aram.

Eugene Aram was born in the West Riding of Yorkshire in 1704, the son of a gardener. He received a fairly good education, and by the 1730s he was living in the town of Knaresborough, Yorkshire (today on the edge of Harrogate), married, with four or five children, and employed as steward to a local landowner. Daniel Clark was a shoemaker, about twenty-three years old, doing well in business, and with a fiancée who was known to have some money. He was thus able to order plate and silver on credit for his forthcoming wedding breakfast, to be held on the night of 7 February 1745. He also ordered other goods, probably more than he should have, but nothing sinister. Not sinister, that is, until the night before his wedding, when he told his brother-in-law he was going to visit his fiancée, and vanished. It was quickly discovered that £200 in cash and plate had gone with him, although his horse had not. Two men had been seen with him earlier that evening: Richard Houseman, a flax-dresser (someone who wove linen), and Eugene Aram. Their reputations were poor, and when their houses were searched, goods identified by the creditors were found. Aram said Clark had asked him to keep the things for him, and he was released, although it was noted that he had recently paid off a mortgage, and was unusually flush with cash. Soon afterwards, he abandoned both Knaresborough and his family. And that was the way things remained. He got a succession of jobs, first in London, ultimately in King’s Lynn, Norfolk, as an usher in a school (an usher was a junior teacher, with little respect attached to the position, and even less money).

Fourteen years later, a labourer digging in a field outside Knaresborough found a skeleton. Daniel Clark’s abandoned fiancée’s brother claimed that it must be that of Clark, as no one else had gone missing from the area in the previous two decades. Eugene Aram’s wife Anna gave evidence at the inquest on the bones, and said quite straightforwardly that she believed her husband and Houseman had murdered Clark. The jury’s verdict was that ‘from all apparent circumstances, the said skeleton is the skeleton of Daniel Clark’. Houseman protested: an eye-witness had seen Clark a few days after his disappearance. When questioned, however, this witness turned out only to have heard from a third person that yet a fourth person had said that he had once seen someone who resembled Clark. Houseman was arrested, and evidently began to think of how to save himself. He said that the skeleton was not Clark’s, because he knew where Clark’s body really was, and he sent officials to a local beauty spot called St Robert’s Cave, where another skeleton was duly found. Houseman claimed that he had last seen Clark heading off to Eugene Aram’s house on the night of his disappearance, while he, Houseman, had been left with the goods Clark had ordered, which they planned to fence. The next day his story had altered: he now said that he, Aram and Clark had all gone to St Robert’s Cave together to divide up the goods, and Aram had killed Clark there. At the reconvened inquest Mrs Aram testified to seeing the three men set out in the early hours of the morning, after which Aram and Houseman had returned alone and burnt some clothing in the fire. The jury found that Daniel Clark had been murdered by Eugene Aram and Richard Houseman.

There are many versions of how Aram was found, usually involving the miraculous workings of providence. In reality, the speed of his arrest suggests that everyone had known where he was, but for the previous fourteen years hadn’t much cared. Later rumour said he was living with a woman whom he passed off as his niece; others suggested it was his daughter; still others that he was living incestuously with his daughter. It could simply be that his daughter or niece was keeping house for him, and that that was how he was located. The warrant was delivered to the King’s Lynn Justice of the Peace and MP, and he accompanied the constables to the school where Aram was employed. Aram denied knowing Clark at all, and claimed never to have been to Knaresborough. He was arrested nonetheless. By the time he was taken to York Castle (the nearest gaol to Knaresborough), he recalled that he had known Clark, but otherwise amnesia ruled his life: he couldn’t remember when he had last seen Clark, nor that he had been friends with Houseman, nor what they were doing on the night Clark vanished, nor that he had paid off his debts afterwards. The only thing he could remember was that both his brothers had seen Clark after his disappearance, but, like Houseman’s eye-witness, this came to nothing. Later his memory improved: Houseman and Clark had planned the fraud with another man, he said, and the four of them had gone to St Robert’s Cave, but he had remained outside the cave, and when the others came out without Clark, they had told him that he had gone away.

Either Houseman or Aram was going to have to turn king’s evidence if the prosecution was to succeed. Houseman was the logical choice, as Mrs Aram’s testimony was crucial. Later accounts claimed that Houseman was found not guilty, but in fact the prosecution against him was withdrawn in order for him to testify against Aram. Houseman claimed pretty much what Aram had at the magistrates’ hearing, just shifting the characters around: they had all gone to the cave, but now it was Aram who killed Clark, while Houseman remained outside. At the trial there were fourteen witnesses against Aram, while his defence, in later legend held up as a model of its kind, was in actuality poor.* (#ulink_06cf13f2-9560-50e8-a168-b215b661672e) In an age when character – reputation – meant a great deal to perceptions of guilt and innocence, Eugene Aram could not find a single witness to vouch for him. And a legal historian has noted that he could think of no other defence that ‘condescends so little to any notice of so vulgar a thing as evidence’. Most defendants, he suggested, ‘do make some endeavour to meet the case against them’, but Aram did – or could – not. Instead, in his defence he set out his life history, trying to act as his own character witness; then he claimed he had been too ill at the time, too ‘enfeebled’, to commit murder (perhaps he hoped no one would remember the witnesses who had seen him walk several miles to St Robert’s Cave two nights in a row); then he simply stressed the unreliability of circumstantial evidence. To no one’s surprise, he was found guilty and sentenced to death. Initially his body was to be anatomized after his execution, as was standard, but such was local feeling that the jury asked to have the punishment increased: Aram would be gibbeted – hanged in chains after death, for his body to decay slowly in front of the local population.

That was the end of Eugene Aram, but only the beginning of the romance. In 1794, thirty-five years after the trial, the philosopher William Godwin published Caleb Williams, planned as a fictional counterpart to his An Enquiry Concerning the Principles of Political Justice. This endeavoured to show how those who lived in an unequal society were victimized by it, but it is Godwin’s links to Aram that matter here. Godwin grew up only twenty-five miles from King’s Lynn, and later studied at the Hoxton Academy under Andrew Kippis, who was working on a Biographia Britannica which included an entry for Eugene Aram, taking the standard eighteenth-century view that he was a thief and murderer. But when the story reappeared later in the Newgate Calendar it focused more on Aram’s self-education, sliding over the fact that he was a receiver of stolen goods, and concentrating instead on the picture of a man with a thirst for learning, oppressed by a rigidly hierarchical society. In Caleb Williams, Godwin expands this theme: when hiding from his unjust persecutors, Caleb finds ‘a general dictionary of four of the northern languages’ and determines ‘to attempt, at least for my own use, an etymological analysis of the English language’. This is the earliest linkage of Aram to linguistics or philology, and thereafter virtually no recounting of the story was complete without a breathless recapitulation of his brilliance as a scholar.

In 1828 the poet and comic writer Thomas Hood added to the growing myth with ‘The Dream of Eugene Aram’, a ballad that was to shape ideas of Aram for the rest of the century. One pleasant summer, ‘four and twenty happy boys/Came bounding out of school’. As they frolic, however, ‘the usher sat remote from all,/A melancholy man’, watching a boy who is reading ‘The Death of Abel’. He winces, tormented, telling the boy ‘Of horrid stabs in groves forlorn,/And murders done in caves’. He himself dreamed of murdering ‘A feeble man and old. here, said I, this man shall die,/And I will have his gold!’ Then, retribution: ‘That very night, while gentle sleep/The urchins’ eyelids kiss’d,/Two stern-faced men set out from Lynn,/ Through the dark and heavy mist/And Eugene Aram walk’d between/With gyves upon his wrist.’

Now, instead of a ruffian who killed a fellow criminal when dividing up their spoils, Aram is depicted for the first time as a tormented, repentant sinner. By casting the act of murder as a dream, Hood was able to ignore entirely the mercenary element, making the criminal more important than the crime. The enormous success of the poem swept away more down-to-earth retellings. In the Manchester Times, the ballad was reprinted with a preface telling readers that ‘The late Admiral Burney [brother of the novelist Fanny Burney] went to school … where the unhappy Eugene Aram was usher … The admiral stated, that Aram was generally liked by the boys; and that he used to discourse to them about murder in somewhat of the spirit which is attributed to him in this poem.’ (Burney had been dead for seven years when this report appeared, so was not in a position to confirm or deny it.) Three years later, from ‘generally liked’, the Examiner now said firmly that Aram was ‘beloved’. This is no longer a comment on the poem, but is presented as a biographical fact.

The next person to handle Aram’s story was the most influential. Bulwer, fresh from his triumphs with crime and criminals in Pelham and Paul Clifford, in 1832 took on Eugene Aram. Bulwer begins his story in Grassdale, where Aram, a reclusive scholar-genius, falls in love with Madeline Lester, the squire’s daughter. All are pleased except her cousin Walter, who is in love with Madeline himself, and who now travels to forget. In a saddler’s shop in the north, he recognizes his long-vanished father’s whip. But he is told it was owned by a man named Daniel Clark, a villain who was later murdered. Walter meets Houseman, who incautiously connects Clark’s murder to Aram.Walter thunders home to prevent the wedding of his cousin to a murderer, Aram is arrested, tried and convicted, and Madeline dies of grief. Aram confesses: he was ‘haunted with the ambition of enlightening my race’, but was prevented from making ‘a gigantic discovery in science’ by ‘the total inadequacy of my means’. He decided, therefore, that it was ‘better for mankind – that I should commit one bold wrong, and by that wrong purchase the power of good’. His crime was further diminished: Clark was a vicious aristocrat who had raped a ‘quiet, patient-looking, gentle creature’, who subsequently killed herself. Aram’s repentance, such as it is, entirely revolves around the shame he has brought to the noble family of Lester, out of remorse for which he then commits suicide.

Bulwer aimed to make Aram a tragic figure: a noble man destroyed by a single flaw. To do so he had to rewrite almost all the known facts, apart from the long-undiscovered crime itself.* (#ulink_78e3207f-6c63-5e07-b084-93b36ba744d5) Clark, instead of a young labouring man, is now, melodrama-fashion, an upper-class despoiler of women; Aram’s abandoned wife and half-dozen children vanish without a trace; while Aram himself is no longer a humble usher, but a scholar of international renown.

This fiction quickly displaced fact. In 1832, the Trial and Life of Eugene Aram; several of his Poems, and his plan and specimens of an Anglo-Celtic Lexicon, with copious notes … worked backwards from the novel, using Bulwer’s fictional account of the trial as though it were a verbatim court report. The Leeds Mercury commented admiringly on Aram as ‘a man of most extraordinary talents and character’, and the Gentleman’s Magazine agreed that he was entirely innocent. It was widely reported that Archdeacon Paley had pronounced Aram’s defence to be one ‘of consummate ability’. (A modern scholar has noted that Paley was an adolescent at the time, so if he had made the remark at all, it wasn’t a hugely mature judgement; later in life he said that Aram had ‘got himself hanged by his own cleverness’.) The journalist Leigh Hunt went even further in his praise: ‘Had Johnson been about him, the world would have attributed the defence to Johnson.’ Bulwer’s biographer later claimed that Bulwer’s creation, Madeline Lester, was also based on reality, ‘taken word for word, fact for fact, from Burney’s notes’. As Burney had been eight years old at the time, we might assume that his memories of an impoverished usher yearning after the local squire’s daughter might not be terribly reliable, if they ever existed.

Of the success of Bulwer’s novel, however, there could be no doubt. Within its first year, the Morning Chronicle noted, as well as French and German translations, the book sold over 30,000 copies in the USA. The Hampshire Telegraph and Sussex Chronicle published a plea from the Library and Reading Room in Queen Street, Portsea, in which it ‘earnestly requested that their subscribers who have [borrowed] the first volumes … of Eugene Aram … will return them forthwith. as detaining them so long prevents that accomodation [sic] which they wish should be received by all’.

Others rushed to elaborate the subject. Although he would have been disgusted to have his work categorized as fiction, there is nowhere else to put Norrisson Scatcherd’s highly coloured Memoirs of the Celebrated Eugene Aram … Scatcherd, a barrister who devoted his life to antiquarian and local-history research, claimed to have become interested in Aram in 1792, when he was about twelve, on a visit to Harrogate, and he says it was then that he began to interview locals who had known Aram thirty-three years before. In his version, Aram was ‘modest’, ‘amiable’, ‘beloved and admired’. His wife, however, was ‘a low, mean, vulgar woman, of extremely doubtful character’, who was unfaithful, and thus Aram’s doubts of their children’s paternity made it perfectly natural that he should be ‘disposed. to neglect them’. According to Scatcherd, Clark was Mrs Aram’s lover, and in addition he and Houseman were planning to rob and kill a pedlar boy. Aram helped Clark dishonestly order plate and goods, but only because he was ‘wretchedly poor, having a family to support’. The three men went to St Robert’s Cave, but it was obvious to Scatcherd that it was Houseman who murdered Clark, because Aram was ‘a man of moral habits, delicate health, prepossessing countenance, slender form,* (#ulink_214111e5-72e0-51cf-afe1-ae3584c97ecb) and unassuming deportment’.

Scatcherd’s account was well-received. A review in the Leeds Mercury said he had ‘corrected some important errors’, and Aram could now be seen as an ‘amiable and accomplished murderer’. There appears to be no irony intended in that phrase: the newspaper repeated Scatcherd’s views on the justice of the killing owing to Mrs Aram’s infidelity, and implied that as both Clark and Houseman were robbers and murderers themselves, the killing of Clark was really not so very terrible. As late as 1870, Scatcherd was still commended for having ‘done much to … rescue’ Aram’s name; the murderer was now merely ‘imprudent’ for having ‘associat[ed] himself with persons beneath his own standing’. In the Daily News in 1856, the Metropolitan Board of Works considered the possibility of renaming some London streets to avoid multiple streets with the same names, and some alternatives are suggested: Ainsworth, Keats, Southey and Bulwer are among them, as are Richard Mayne (the commissioner of the Metropolitan Police) and Eugene Aram.† (#ulink_87680ca0-03d2-5bfc-b54f-2a655c81110e)

The great success of these accounts of Aram’s case brought theatrical adaptations in their wake. W.T. Moncrieff’s version opened at the Surrey in February 1832; within a month it was advertising additional performances, ‘Owing to the complete overflows’. Soon the Royal Pavilion and Sadler’s Wells had their own versions, with another at the Royal Grecian by the end of the year. There were also productions in Edinburgh, Wakefield and Sheffield. The Surrey version continued the Bulwer/Scatcherd trend of turning Aram into an anguished, noble and excessively learned murderer: he ‘perfected himself in … Hesiod, Homer, Theocritus, Herodotus, Thucydides’ before he ‘began to study Hebrew’, not to mention ‘the Chaldee and Arabic’ and ‘Celtic. through all its dialects’. He is introduced to the audience as ‘Master Aram, the great scholar’, while Houseman is ‘guilty-like’, and so repellent that all who see him ‘turn aside – as from a thing infect [sic]’. Aram confesses that ‘poverty and pride’ had led him to commit the crime: ‘I yearned for knowledge but had no means to feed that glorious yearning.’ Madeline dies of grief at his feet, promising to wait for him in heaven, and Aram then kills himself, as ‘I have been no common criminal; – Eugene Aram renders to the scaffold! his – lifeless body – pardon – pity – all.’ This was an authorized adaptation of Bulwer’s novel, and he himself attended the first night.* (#ulink_1ef675d3-d9a5-5723-b642-40179f4028b7) The New Monthly Magazine highly recommended the production, although by an astonishing coincidence the editor of this magazine was one E.L. Bulwer, author of Eugene Aram.

Two years after these theatre adaptations, the young novelist Harrison Ainsworth published Rookwood, which was very much the love child of Eugene Aram and Paul Clifford crossed with gothic tales, and this led the way to a new kind of fictional criminal-hero. Ainsworth was not concerned, as Bulwer claimed to be, with examining the motivation of criminals, and society’s responsibilities. He was not even terribly concerned with facts: it was in Rookwood that Dick Turpin first made his epic ride from London to York on Black Bess, although the historical Turpin had only ridden as far as Lincolnshire – a sixty-mile trip instead of two hundred. Ainsworth wanted to entertain, and his highwaymen are debonair and dashing, usually men of rank cheated out of their birthrights. As Ainsworth’s Turpin says, ‘It is as necessary for a man to be a gentleman before he can turn highwayman, as it is for a doctor to have his diploma, or an attorney his certificate.’

Turpin, hanged in 1739 for horse-stealing, had from about 1800 been turned into popular entertainment in coarse and inexpensive chapbooks, and in 1818 in an onstage incarnation, as Richard Turpin, The Highwayman. By 1823 his name was already a byword for a dashing, brave criminal. Thurtell had boasted to his brother, ‘We are Turpin-like lads, and have done the trick.’ From the 1830s penny-bloods returned again and again to his story. One of the most popular was Black Bess; or, The Knight of the Road, which appeared in 254 numbers over five years: Turpin was not executed until page 2,207. Dick Turpin, Jack Sheppard, Eugene Aram and others made up the subjects for series like Purkess’s Library of Romance and Purkess’s Penny Plays. These publications were so popular, the police complained, that vagrant boys spent their leisure time playing cards and dominoes and reading Jack Sheppard and Oliver Twist ‘and publications of that kind’, the implication being that this reading material would in and of itself lead to crime.

Rookwood was filled with songs – twenty-three in the first edition, and more later. Ainsworth may have been thinking of theatrical adaptations from the first: they certainly followed quickly, and nearly every one of them included the song he had written in ‘flash’, or thieves’ slang, which ‘travelled everywhere. It deafened us in the streets, where it was. popular with the organ-grinders and German bands … it was whistled by every dirty guttersnipe, and chanted in drawing-rooms by fair lips.’

In the box of the Stone Jug [prison] I was born

Of a hempen widow [my father was hanged] the kid forlorn.

Fake away [Go on, steal].

My noble father as I’ve heard say

Was a famous merchant of capers gay.

Nix my dolly, palls [Nothing, friends], fake away.

The knucks in quod [thieves in prison] did my school-men play

And put me up to the time of day.

Fake away.

No dummy hunter had forks so fly [pickpocket had fingers so nimble]

No knuckler so deftly could fake a cly [pick a pocket]

Nix my dolly, palls, fake away.

But my nuttiest lady one fine day

To the beaks did her gentleman betray.

Fake away.

And thus was I bowled out at last,

And into the Jug for a lag was cast [and was sent to prison].

Nix my dolly, palls, fake away.

But I slipp’d my darbies [fetters] one morn in May

And gave to the dubsman [turnkey] a holiday.

Fake away.

And here I am, palls, merry and free,

A regular rollocking Romany.

Nix my dolly, palls, fake away.

In 1835 Rookwood was adapted for Astley’s Amphitheatre, which specialized in staging hippodramas – spectaculars with vast numbers of horses, riders and extras. It was retitled Turpin’s Ride to York and the Death of Black Bess, taking the element that people had enjoyed the most. (It is notable, two years after Cold Bath Field, that Black Bess no longer dies of exhaustion after her epic journey, but is shot by the wicked Bow Street Runners.)

The success of Rookwood, both onstage and as fiction, led to even more novels in which criminals were glamorized, with Ainsworth’s next book revolving entirely around a historical criminal: the eighteenth-century thief and gaol-breaker Jack Sheppard. Serialization began in Bentley’s Miscellany just as another story in that magazine, also about a boy-criminal, also illustrated by Cruikshank, was ending, and for four episodes they overlapped, so it was natural to think of them together. The second tale was Oliver Twist, by Charles Dickens. Today it is surprising to think of Oliver Twist as a crime novel, but stripped down to its bare bones, the plot is very similar to Bulwer’s Paul Clifford: the orphan who is, unknown to himself, from a ‘good’ family but is left to be raised by criminals. Similarly, Ainsworth’s Jack Sheppard is the story of an apprentice who becomes a thief, with a parallel story of a good apprentice cheated out of his inheritance by an evil relative; Oliver Twist is an apprentice who has ostensibly gone bad by joining Fagin’s gang, while he is unlawfully kept from his inheritance by his evil half-brother. (The name ‘Twist’ in the title would also have tipped off contemporary readers that this was a book about crime and criminals: ‘to twist’ was underworld slang for ‘to hang’.)* (#ulink_6e32c065-d0c7-5f2d-a2eb-a9d9fd5ebf5c) These books were classed together as ‘Newgate novels’, connecting the stories both to the Newgate Calendar and also to the gaol from which Sheppard himself so famously escaped.

Some critics left Dickens out of their discussions of Newgate novels, which were condemned for portraying criminals sympathetically. As the Edinburgh Review summed up, Dickens ‘never endeavours to mislead our sympathies – to pervert plain notions of right and wrong – to make vice interesting in our eyes. We find no. creatures blending with their crimes the most incongruous and romantic virtues.’ This praise of Dickens was, very obviously, also a poke at Bulwer. Punch magazine, too, condemned Newgate fiction in its drawing of ‘The Literary Gentleman’ surrounded by thoughts of ‘Murder’, ‘Gallows heroism’, ‘Burglary’ and ‘Robbery’. On his desk is a dagger, a gallows, a broadside printed with a ‘Dying Speech’, a copy of the Newgate Calendar and another of the Annals of Crime. The verse that follows mocks:

… you, great scribe, more greedy of renown,

From Hounslow’s gibbet drag a hero down.

Embue his mind with virtue; make him quote

Some moral truth, before he cuts a throat.* (#ulink_2ca0db86-1d66-5807-83c0-4e52bbe2228e)

Bulwer was a punchbag for everyone. For now Eugene Aram’s name – even without reference to Bulwer – was being used for anything, even a toothache cure. This advertisement appeared regularly in both the London and the provincial papers, making a segue from a murderer to a patent medicine seem bizarrely normal:

EUGENE ARAM. – It will be in the recollection of most of our readers that after the murder of Daniel Clarke, Eugene Aram resided many years at Lynn, in Norfolk, in fancied security and seclusion. – Sweeting’s Tooth Ache Elixir has also found its way to the same place. In the advertisement in another part of this paper respecting this deservingly popular medicine, will be found a letter from the agent at Lynn, from which we may conclude that while it is giving peace and ease from pain to many, yet (like Eugene Aram), it will not be allowed any rest for itself.

To dissociate himself from this type of thing, in 1840 Bulwer produced a second edition of Eugene Aram, with numerous changes, blandly assuring his readers that ‘the legal evidence against [Aram] is very deficient’. The most important alteration was that Aram was no longer a murderer, but had simply fretted himself to a shadow for fourteen years over a murder committed by another man, Bulwer’s response to the fear that, as with Thurtell and Turpin, Newgate novels would lead the young to emulate their heroes. This was of even more concern with stage versions, which had larger audiences than the printed word. Oliver Twist’s huge popularity – there were six stage adaptations in London even before the end of the book was serialized, and the Surrey alone claimed that 300,000 people had seen its production in its first year – meant that most people’s ideas of the story were based not on the novel, but on stage versions speedily mounted in small theatres. From 1839 to 1859 there were at least sixteen productions of Jack Sheppard,* (#ulink_6444c780-b917-5380-a7f3-4ff59023aa34)and a dozen of Oliver Twist. Eugene Aram was not particularly popular in London, but was a perennial favourite outside the capital: at least thirty productions appeared in those two decades. Plays that were performed by fairground companies, fit-up companies and booth theatres (travelling companies that carried their own stages with them) have little recorded history, but they were what most people saw. Today we can only record their existence from rare survivals (like the Maria Marten marionettes), or from moments when the theatre companies met the authorities, as when in 1857 the Leeds Mercury reported that in Great Horton, outside Bradford, the owner of a booth theatre had been charged with performing Eugene Aram without a licence.

There were probably many dozens of productions like this, and in 1859 the Lord Chamberlain decided that enough was enough. Jack Sheppard was considered to be the worst offender: Oliver Twist, after all, featured a middle-class child who didn’t want to be a thief, while Eugene Aram was a gentrified, remorseful murderer. Sheppard was working-class and repeatedly escaped from gaol, thumbing his nose at authority. All stage productions of Jack Sheppard were therefore banned, apart from the one that had first been licensed. Not coincidentally, this version had originated in the West End, where the respectable middle-class audience could be counted on not to take away an inappropriately immoral lesson. Yet the Oliver Twist productions, at least the non-West End versions, perhaps did not have the moral content the Lord Chamberlain assumed. The manager of the Gaiety Theatre remembered seeing Oliver Twist at the Victoria in the 1840s: ‘Nancy was always dragged round the stage by her hair, and after this effort Sikes always looked up defiantly at the gallery. He was always answered by one loud and fearful curse, yelled by the whole mass. Finally when Sikes, working up to a well-rehearsed climax, smeared Nancy with red-ochre, and taking her by the hair (a most powerful wig) seemed to dash her brains out on the stage. A thousand enraged voices, which sounded like ten thousand. filled the theatre.’

It was commonly assumed that different audiences would take different messages from the entertainment, depending on their class background. The middle classes were almost unanimous in condemning working-class penny-bloods. Punch reflected the middle-class viewpoint in the cartoon overleaf (the ‘likeness’ in the caption is a portrait of the murderer). The Derby Mercury claimed that there were ‘one hundred distinct publications’ with titles like Dick Turpin, The Bold Smuggler, Jack Sheppard, Claud Duval, or, The Dashing Highwayman, which contained ‘every variety of tale of vice, murder, and obscenity’. In 1846 the Leeds Mercury reported that a druggist and his wife had been found ‘insensible and frothing at the mouth’, and shortly died of opium poisoning. At the inquest, the woman’s mother reported that the previous night the druggist had been reading Eugene Aram aloud. It was clear from the report that the couple drank heavily and were in debt, but it was Eugene Aram that was highlighted – reading about crime was a sign of bad character in the working classes. In 1870, one middle-class journalist who specialized in reports from the wilder shores of the underclasses called the bloods a ‘plague of poisonous literature. packets of. poison’.

What was left unspoken was that the audience for these ‘packets of poison’ could read. In Oliver Twist, as early as 1837, Dickens had simply taken for granted that Oliver, brought up in a workhouse, would be literate, as were all the underworld characters (Fagin even reads the Hue and Cry), unlike Garside, the murderer of Thomas Ashton, a skilled factory operative but illiterate. In a survey in Edinburgh Gaol in 1846, out of 4,513 prisoners, only 317 could not read at all, while 379 could read well or very well, and presumably the rest were somewhere in between. Even the upper echelons of the police were struggling. Originally Richard Mayne had planned that all divisional superintendents would be responsible for their own correspondence, but to his shock he found that illiteracy frequently made this impossible. Lower down the ranks, the rules had originally permitted entry to the force only for men under thirty years old, over 5 feet 7 inches, ‘intelligent’ and able to read and write ‘plainly’. But from 1869, when promotions were won by competitive examination, it was found that many of the entrants could not read or write well enough to sit the exams, and classes had to be instituted across the force.

Those who could read well, the middle classes, were considered immune to the ‘packets of poison’. Oliver Twist continued on its successful way, as did the licensed Jack Sheppard. (Although Lord Melbourne had complained that Oliver Twist was all about ‘workhouses, and Coffin Makers, and Pickpockets. I don’t like them in reality, and therefore I don’t wish them represented.’ Queen Victoria, by contrast, thought the novel ‘excessively interesting’.) Furthermore, from the 1830s, prosperous children were happy consumers of paper toy theatres, sheets of coloured card printed with sets and various characters, with abridged play texts that were remarkably similar to the penny texts published for the working classes. The main difference was that these sheets initially cost up to 6d. for a set (although by the 1850s the toy theatre price had dropped to as little as a *Vd.). Jack Sheppard was as popular in toy theatres as it was in real ones: one version had sixty-four sheets of characters and sets. There were also many versions of Oliver Twist, with a good range of characters. In one set, ‘Sykes’ [sic] looks rather gentlemanly, in a blue jacket and dashing yellow tie. ‘Fagan’ [also sic] has a very big nose, a red cap, a black beard and a dressy knee-length purple coat. Nancy looks sweetly pretty in red and green with a prim apron, and a ‘Pauper’ woman wears a nice red dress, blue apron, cap and shawl: without the label under her figure it would be impossible to know she was a pauper. By contrast, the thieves are all smoking pipes, a clear indication of bad character.

Now that Jack Sheppard was banned, the Bulwer-influenced Aram story, with its comforting gentrified elements, began to dominate. Knaresborough became a sort of Eugene Aram theme park, and was even considered suitable for Sunday-school outings: a group of Wesleyan ‘Sunday scholars’ from Hunslet, near Leeds, went on an excursion to St Robert’s Cave, ‘where Daniel Clarke [sic] was said to have been murdered’, before going to Harrogate to take the waters and go donkey-riding. Even the Penny Magazine, published by the improving Society for the Diffusion of Useful Knowledge, described St Robert’s Cave primarily as ‘the scene of the murder’ in an article on the beauties of the region. Similarly, at least one racehorse was named Eugene Aram after Hood’s poem was published, while greyhounds with the same name appeared after both Bulwer’s novel and, later, the stage adaptations appeared.

There was also a second wave of novels based on Aram-like themes. The first was Amy Paul in 1852, an anonymous novel of orphans, inheritances, blackmail and a long-suppressed crime, all wrapped up in a love story and a depiction of genteel middle-class life. It had almost nothing to recommend it, but John Bull noted ‘a family likeness to Eugene Aram, and thought ‘The moral is well worked out.’ It is certainly very moral, but not very interesting: ‘The good ended happily, and the bad unhappily. That is what Fiction means,’ said Oscar Wilde’s Miss Prism, and she would have had no trouble with Amy Paul.

The next novel, in 1855, is a much better book: Caroline Clive’s Paul Ferroll is the story of a squire whose bad-tempered wife is found murdered. A gardener is accused, but Ferroll nobly hires a lawyer to defend him, and he is acquitted. Ferroll meanwhile remarries, this time to his childhood sweetheart, whom he had dearly loved before he had foolishly married his first wife. Years pass; in a cholera epidemic Ferroll shows his true worth by working heroically to save lives. During a bread riot he is threatened by a mob and kills a man; given the circumstances, his magistrate neighbours can do nothing but praise his action, but he asks his much-loved wife, ‘Suppose they were to make it out that I had committed a murder; suppose I were called a murderer … could you be faithful still, love me, no matter what I was …?’ It turns out that the noble man murdered his first wife for love of his second.* (#ulink_3984cc39-71c1-5494-b4f2-163e986daef5) Unlike in Bulwer’s novel, neither the murderer nor the narrator attempts to explain or justify the crime. This may be why the reviews praised the work, and failed to mention its Aram-like murderer.

The next to reflect Aram influence, however, was not simply a fairly good book, but was a masterpiece – Dickens’ Our Mutual Friend. Here Bradley Headstone has Aram-like features, although Dickens is more influenced by Thomas Hood than by Bulwer. Headstone is a poor schoolmaster, as Aram had been, and as Hood’s poem had represented him. Dickens can therefore stay close to reality as he describes the frustrations of a man whose intelligence and abilities have lifted him out of his original class, but have left him stranded and socially ambiguous, in the middle class but not of it. There are other parallels. The name Eugene is transferred from the murderer to his intended victim, Eugene Wrayburn: from the schoolmaster to the gentleman he wanted to be. Headstone attacks Wrayburn with a stick, as Hood has Aram deal Clark ‘Two sudden blows with a ragged stick’. The chapter in which Headstone attempts to shift the blame for his crime is entitled ‘Better to be Abel than Cain’, just as Hood’s pupil reads ‘The Death of Abel’, and his Aram says ‘murderers walk the earth/Beneath the curse of Cain’. Headstone cools his fevered head in a stream, as Hood’s Aram ‘washed my forehead cool’, and he returns to his schoolroom, as Hood’s Aram ‘sat among the urchins young,/That evening in the school’. There are differences too. Hood’s Aram deeply regrets the crime; Headstone simply regrets that his murderous attack failed. In Hood, the schoolboys sense something wrong, and gaze wonderingly at their master; in Dickens, the schoolboys are as self-absorbed as children usually are, and notice nothing. Instead of the single schoolboy looking sorrowingly on at Aram’s remorse, here Headstone’s favoured pupil thinks only of what Headstone’s disgrace will mean to his own ambitions.

Hood’s version also held sway in the visual arts, with a number of paintings based on his work, from Alfred Rankley’s 1852 Royal Academy piece Eugene Aram in the Schoolroom and Eugene Aram’s Dream, a bas-relief by Matthew Noble that was chosen to represent British Art at the Paris Universal Exhibition of 1855. (As late as 1889, reproductions of this work were still being advertised.) Rankley’s piece was praised in the Athenaeum for its depiction of an Aram ‘gnawed by the conscience-worm that never dies’, and the same publication was even more enthusiastic about ‘two weird drawings’ on the subject by Mr Rossiter, which show ‘the scared murderer coming to the well-known place in the wood, and finding that a mighty wind has laid bare the body. The bare wounded head and clutched hand protrude through the shrinking leaves.’ The story had evidently evolved: a fourteen-years-dead body still showing a wound? What wood? Yet a wood, and a recently murdered victim, had become the dominant pictorial image: at the 1872 International Exhibition praise was given to Alfred Elmore’s picture of Aram in a wood, ‘startled by the half-revealed body of the murdered man lying among the treacherous leaves’. There were further versions on the same subject over the next decades, by A. Dixon, John Pettie (whose murderer was condemned by the Era as looking like a ‘country clergyman … telling the little boy to be sure and come to church next Sunday’) – there was even an image by Thackeray.

The story was now part of middle-class moral education, and Hood’s poem became a favoured party piece for children: Aubrey Beardsley recited it at school in the 1880s, and Lord Alfred Douglas even claimed that Oscar Wilde’s Ballad of Reading Gaol ‘owed something to that fine poem’ too. A vicar in Sunderland lectured on ‘Eugene Aram: his life, trial, condemnation, and execution’ ‘under the auspices of the Baker-street Young Men’s Mutual Improvement Society’.* (#ulink_2193506d-de1f-59b6-ad2b-a7d73aebbd93)A Social Reform Society’s weekly entertainment included a reading of Hood’s ballad. The poem was regarded by some as a bit suspect, though, smacking too much of theatre, and too little of moral uplift. The Revd J.C.M. Bellew was condemned by the Birmingham Post for performing it too dramatically: ‘A less demonstrative reading would have been. more suitable.’ Others disagreed:‘Penny Readings for the People’ at Mechanics’ Institutes frequently included the poem.

There were also professional performances of the work. In 1858 ‘Mr Walter Montgomery’ appeared at the Music Hall, Broad Street, Birmingham. On the first night he recited ‘from Memory, the whole of SHAKESPEARE’S TRAGEDY OF “MACBETH”, ASSISTED BY AN EFFICIENT CHOIR’. The next night too was devoted to ‘the BEAUTIES of SHAKESPEARE AND OTHER CELEBRATED AUTHORS’, including ‘Little Jim: a Tale of the Collieries (by desire)’, Poe’s ‘The Raven’, and Hood’s ‘The Dream of Eugene Aram’. Hood seemed not to work in music hall: I have found only one reference to a performance, and the review says the choice was ‘very injudicious’, being ‘long’ and ‘heavy … altogether out of place’. For those who wanted theatre, but could not attend because of religious or moral scruples, Aram was available elsewhere. The Gallery of Illustration in Regent Street staged one-man entertainments from 1850, and in 1873, when a new theatrical adaptation of Eugene Aram opened at the Lyceum with Henry Irving and Ellen Terry, the Era reviewed the Gallery’s last night of the season, which included ‘a new drama, performed for the first time on any stage, entitled Impeached, written apparently [‘apparently’ is wonderful] in blank verse, and in artistic style, by Miss H.L. Walford, who takes for her plot the leading incidents of Eugene Aram’.

Ultimately Henry Irving took over as the supreme reciter of Hood’s poem. At a time when it was still the norm to have two plays on the bill every evening, he performed it in the break between the two; he also frequently performed it separately in mixed programmes. He also had years of success in The Bells, an adaptation of a French play called Le Juif polonais, in which he played a burgomaster who, fifteen years before, had robbed and murdered a man. This long-undiscovered secret is threatened by his guilty conscience, which transforms some passing sleigh-bells into those on the murdered man’s sleigh. Shrieking, ‘The bells! The bells!’ he falls into a fit, is later hypnotized and betrays himself. To follow this success, in 1873 the playwright W.G. Wills took the story of Aram, as glamorized by Bulwer, and turned it into classy West End fare by removing the melodrama: there is no trial, no criminal awaiting execution; Aram is not only not executed, he doesn’t even kill himself. Instead, he just somehow dies, romantically, in a moonlit churchyard in his fiancée’s arms. Perhaps, mocked the Saturday Review critic, ‘he caught cold by sleeping in a damp churchyard’.* (#ulink_1359852d-cefd-5755-850f-f3b77ec095ef) By the 1890s, Irving was reciting Hood’s verses with ‘Dr. Mackenzie’s incidental music’. (Alexander Campbell Mackenzie was the principal of the Royal Academy of Music, as well as a conductor and composer.) In 1896, Granville Bantock wrote a four-act opera based on Bulwer’s novel.

Opera was the logical culmination of music and melodrama. Initially, music had been essential to melodrama, as licensing laws barred spoken dialogue in the minor theatres. After speech was reintroduced, music continued to play a major part, not only in the form of songs, but to underscore the emotions of the characters. Every theatre orchestra had its own ‘agits’ (that is, agitatos, music indicating fear or distress), ‘slows’ (slow music for grave moments), ‘hurries’, ‘pathetics’, ‘struggles’ and more. As late as 1912, the catalogue of Samuel French, the theatrical publisher, listed: ‘Incidental Music Suitable for Lively Rise of Curtain, Entrance of Characters, &c., Hurry, Combat, Apparitions, Pathetic Situations, Martial, &c.’ The critic Percy Fitzgerald, who had been one of Irving’s assistants, noted that at transpontine theatres, ‘what so natural as that when smugglers, or robbers, or captives trying to make their escape should, when moving lightly on tiptoe past the unnatural tyrant’s chamber, be kept in time by certain disjointed and jerking music?’† (#ulink_fb154c3c-50b3-5e1b-841b-0ae920bd732d)

As late as 1890, Aram was still attracting novelists. Mary Elizabeth Braddon (author of one of the first sensation-novels, Lady Audley’s Secret, pp.296–7), now with nearly sixty novels to her name, and an invalid husband to support, produced One Life, One Love. In it she repeats the long-hidden-murder motif, enmeshed in a story of the Paris Commune, double-identity, heroines regularly going mad and a plot so confusing that there is no real resolution, because, I strongly suspect, the author could not quite work out what had happened, and understandably did not want to read it over again. The Aram theme was briefly touched on in 1894, in Catherine Louise Pirkis’s ‘The Murder at Troyte’s Hill’, in which a lodgekeeper is murdered after decades of blackmail, and the case is solved by the lady detective Loveday Brooke. The murderer is writing a treatise on Aram’s legendary subject, philology, ‘a stupendous work. a work that will leave its impress upon thought in all the ages to come’ (for more on this story, see p.402).

And then there was a final, extraordinarily derivative theatrical version. After All (1895) was written by Freeman C. Wills, W.G. Wills’ brother. Aram was played by Martin Harvey (later Sir John MartinHarvey), who had worked for Irving for fourteen years, and Ruth (the Madeline character) by Mabel Terry-Lewis, Ellen Terry’s niece. It had, remarkably, a happy ending: Houseman denounces Aram, Aram defends himself, and Walter in a gentlemanly way accepts his apology. It is not surprising that no one chose to follow this.

The constant renewal of Aram’s story contrasts sharply with another eighteenth-century murder case that also achieved a blaze of interest in the nineteenth century, but as quickly sputtered out. In 1739, a Mr Hayes stopped at Jonathan Bradford’s Oxfordshire inn. In conversation Hayes disclosed that he was carrying a great deal of money, and, two guests overhearing this, a robbery was planned. That night the two men entered his room, only to find Hayes dead and Bradford standing over the body, bloody knife in hand. Bradford’s defence was that he had gone in to rob his guest, but had found him already dead, and had just picked up the knife that was lying beside the corpse when the two men discovered him. This unlikely story was given short shrift at his trial, and Bradford was found guilty and hanged. Eighteen months later, so the story goes, Mr Hayes’ servant confessed on his deathbed: he had murdered and robbed his master, and Bradford had appeared just as he fled. There is little contemporary material to allow a balanced assessment of the case, but four inhabitants of an inn all set on robbery on the same night sounds more like art than life.

Kirby’s Wonderful Magazine, a hodgepodge miscellany which reprinted the story in 1804, felt it needed an injection of realism, so it made the two guests enter the room because they heard a noise, not because they too were planning robbery. Several newspapers picked up the story, although with no great sense of urgency – the Ipswich Journal ran it two years later, mixed in with paragraphs on the slave trade and on the reported death of the explorer Mungo Park, and a report that a pointer had had a litter of seventeen pups.

The novelist Amelia Opie used the basic scenario for a short story in 1818. In ‘Henry Woodville’, Woodville is a clerk to a prosperous merchant. At an inn he and David Bradford, an ex-colleague who had been sacked for dissipation, quarrel. That night the inn’s waiter robs and murders Bradford, knowing that Woodville will be suspected because of the quarrel. Woodville is found guilty, but as he is about to be executed the waiter, now repentant and dying, appears at the foot of the scaffold to assure the crowd, ‘I – I murdered Bradford! – I am the real murderer!’ before collapsing. There were no detective, suspense or procedural motifs in this version – none of the elements that, half a century later, would be the main purpose of any similar tale.

It was perhaps the still undeveloped nature of detective fiction that made Bradford of more interest to theatre. There was a token nod in 1811 in Killing No Murder, by Thomas Hook. One of the characters is named Bradford, the play is set in an inn, and another character is told to report his own pretended death. Otherwise it is a standard farce, with everyone in love with someone else, all at the same time pretending to be their own cousins or uncles or valets. In 1826 Drury Lane’s The Murder’d Guest had a very Jonathan Bradford-like set-up, with an Oxfordshire inn, a guest who arrives with his servant and is put in a room next to two strangers, and a murderer who is preempted. This was followed in 1830 by The Murderers of the Round Tower Inn, a ‘Nautical Drama’ at the Royal West London Theatre. It too had a Bradford-like innkeeper, whose stepdaughter innocently wonders, ‘What can be the reason of his always sending me to bed so early, whenever Travellers sleep in the house?’ ‘Dreadful groans and noises in the night’, combined with the travellers’ complete absence in the morning, fail to enlighten her.

It was in 1833 that the story of Jonathan Bradford finally found fame, when David Osbaldiston, the manager of the Surrey Theatre, turned to Edward Fitzball for a new work. Many years later, Fitzball claimed that a theatre manager had once advised him: ‘Look into the papers’ for a subject; the daily crime-sheets had ‘incident enough invented there’. This was standard procedure for many dramatists. For most of the century, playwrights barely scratched out a living, while churning out vast quantities of work. For authors, drama did not pay. A century earlier, Dr Johnson had received nearly £300 for the performing and publishing rights for a play that ran nine nights. By 1829 Douglas Jerrold was paid £5 a week as house author at the Surrey, and was expected to write at least one play a month; George Dibdin Pitt, the man who brought Sweeney Todd and his murderous barber-chair to the stage in 1841, produced twenty-six plays in 1847 alone. Dickens claimed that W.T. Moncrieff had written seven melodramas for £5 each.* (#ulink_d66fbee9-f57b-5d5d-93c5-73e42f921e9f)

In terms of content, the result, Jonathan Bradford, or, The Murder at the Roadside Inn, was not much different from earlier evilinnkeeper melodramas. Fitzball definitely knew Mrs Opie’s story, because two years earlier he had adapted another story from the same collection. He also used some standard elements from stage and penny-bloods: there was an underground crypt borrowed from gothic romance, a devil-may-care Irish highwayman and a comic Cockney apprentice. The key to the play’s extraordinary success was the completely novel staging devised by Fitzball. He set the four rooms of the inn all onstage at once, in cross-section, and wrote the murder scene so that the action took place simultaneously across them. Or, as one advertisement had it, ‘In this peculiar scene an effort will be made (never yet attempted on any stage) so to harmonize four actions as to produce one striking effect! Fitzball later remembered how the mutinous actors petitioned Osbaldiston ‘to insist on my leaving out this perplexing, unexampled, undramatic, unactable four-roomed scene’. Osbaldiston too was unenthusiastic, but finally agreed to let Fitzball make the attempt. On the opening night, ‘the audience looked at each other exactly in the same fashion as the actors had done’. But then, ‘as if convinced, on reflection, that there was something original to applaud. they took the lenient side, and applauded unanimously’* (#ulink_a301de39-de7c-5687-b9bd-7da5cb022906).

The play was a smash. Its hundredth performance, or ‘centenary’, got a notice in The Times.† (#ulink_d783e84a-2266-5933-9ad2-8ec474d20463) Ultimately the play closed in December, after a run of 161 consecutive performances (excluding Sundays). It was the first play ever to achieve this, and the record that was held for over two decades. Smaller populations had produced a repertorybased system reliant on the repeated attendance of the same people, rather than the infrequent attendance of different ones. In the 1840s, only four plays ran in London for more than a hundred nights and they were not consecutive. Short runs in 1833 did not necessarily signify failure, only the small theatregoing population. Jonathan Bradford was staged in Dublin in November and, at least according to the advertisements, was received with ‘rapturous and unbounded applause’, but it only appears to have had three performances. The play was revived over and over again – advertisements for different versions continued to appear as late as the 1880s.

Within months of the London opening, there were productions across the country – Edinburgh, Oxford, Liverpool, Ipswich, Dublin and Belfast newspapers all carried advertisements, although only the Hampshire Telegraph mentioned the novel staging, the original selling point. Instead, many theatres interpolated local speciality acts. In Portsmouth, audiences were promised ‘a Parody on the popular Song of “The Sea, the Sea, the open Sea”,’ as well as the appearance of Miss Parker to sing ‘A Kind Old Man Came Wooing’.

By 1839, the novelty staging was used in other plays. A production of Jack Sheppard at Sadler’s Wells had a similar compartment set to show Sheppard’s escape from Newgate: ‘Four Cells, two above and two below … doors, leading from one cell to the other – a fire-place at the back’. As the audience watches, Sheppard frees himself from his fetters, scrapes away at the brickwork until he can wrench out the bar blocking the chimney flue, which he then climbs into and vanishes from sight. In a moment, a hole opens in the cell above, and Sheppard appears once more. He then breaks down the cell door and vanishes through it, to reappear above, on the flat roof of the prison. This was very obviously of enormous drama, for at that moment, instead of escaping, Sheppard says, ‘Ah! my blanket! I had forgotten it,’ and makes the entire trip in reverse: through the two cells, down the hole in the chimney and back into the condemned cell. He collects his blanket, and the audience watches as he makes the trip a third time. On the roof he then tears up the blanket and is finally seen through the cell window abseiling down the side of the gaol.

Given Fitzball’s triumphant success, it is a surprise to see almost no subsequent fiction based on Bradford’s story. The only adaptations of any repute are three versions all by Sheridan Le Fanu, the Irish novelist and ghost-story writer.* (#ulink_79d2813d-8dc2-575e-8d64-12f8469ab85e) He approached it first in 1848, in ‘Some Account of the Latter Days of the Hon. Richard Marston’, then again three years later in The Evil Guest. A third version, A Lost Name, appeared in 1868. All were variants on the same story: a man of bad character is found dead at a friend’s house. A faithful servant is suspected (and in one of these versions confesses), but it was the friend who killed him, after which the servant came into the room to find him dead, as in Bradford. When a memory of the penny-blood version cropped up in Dickens’ ‘The Holly Tree Inn’ (1855), it was as ‘a sixpenny book with a folding plate, representing in a central compartment of oval form the portrait of Jonathan Bradford, and in four corner compartments four incidents of the tragedy’. What had lingered in Dickens’ memory was the staging.

Instead, it was the penny publications that picked up the story, following the stage version closely, rather than inventing facts or characters to beef up the eighteenth-century story on their own. The real crime had by now been almost entirely forgotten. In the 1850s, in publishers’ lists of penny-bloods, Jonathan Bradford appeared together with fictional titles like The Poisoner, or, The Perils of Matrimony. Jonathan Bradford, or, The Murder at the Road-side Inn. A Romance of Thrilling Interest was published in eighteen parts, attributed to ‘the author of “The Hebrew Maiden”, “The Wife’s Secret”, &c. &c.’, who is thought to be Thomas Peckett Prest, a prolific penny-writer who had had a hand in the original version of Sweeney Todd. This was very much a story aimed at the working classes, in that throughout it is the petty bourgeoisie who thwart the good honest working people. An unpleasant, officious lawyer casts suspicion on all the good characters, while Dan Macraisy, the highwayman, although condemned in somewhat perfunctory fashion for being a murderer, offers the justification that ‘perhaps if this Mr. Hayes had not gone about with so much gold in his pocket, he might have been alive at this moment’. It was the victim’s fault for being rich while others were poor.

And finally, Jonathan Bradford cropped up regularly in police reports when penny-gaffs were raided, or booth-theatre proprietors were prosecuted for performing without a licence. Household Words also published a reminiscence of childhood ½d. peepshows, describing a showman who carried a box on his back. ‘The interior was lighted up with a candle in the middle of the day, and the different highly-coloured tableaux were let down with a heavy flop by strings at the side. wonderful atmospheric effects were introduced at the back, by lifting a lid, and the whole was made more interesting by a running description. by the proprietor.’ The shows that were mentioned by title were Mazeppa (Astley’s most popular hippo–drama) and Jonathan Bradford.

The most lasting, and most important, contribution of the Jonathan Bradford story was to extend our ways of seeing. In 1852, the playwright Dion Boucicault adapted a French play as The Corsican Brothers. Originally it had been a very ordinary melodrama of a murdered man and his brother’s revenge. Two elements, both descendants of Fitzball’s Jonathan Bradford, lifted the piece out of basic genre and made audiences see anew. Acts I and II of the play were to be understood to occur simultaneously, seen from the perspective of each brother; furthermore, at the end of Act I, the actions that would take place at the climax of Act II were, with the aid of new stage technology, played out at the back of the stage as a ghostly pre-vision.

In 1858 the idea of simultaneity of view was taken further by the painter Augustus Egg. His Past and Present triptych is a morality tale, set, like a theatrical melodrama, in a middle-class home. And, like Jonathan Bradford, it shows in its tripartite structure actions that take place in different – and simultaneous – times. The centre panel shows the moment a wife’s adulterous liaison has been discovered by her husband. Egg’s depiction could be a tableau from any melodrama, with the husband holding the telltale letter, the woman in a swoon at his feet. (Over his shoulder is a painting of a shipwreck by Clarkson Stanfield, a noted set designer, tying the story even more tightly to the theatre.) It is the outer wings of the triptych, however, that make the work so innovative. Both are set some time after the central scene. On the left, the adulterous woman, reduced to destitution, sits under the arches by the river, contemplating suicide as she gazes at the moon. On the right, her two soon-to-be-motherless children are alone in their attic room, also staring at the moon, which is covered with the identical cloud formation that the mother is staring at, indicating that the two panels are depicting the identical moment in time. As both the children and their mother face inwards, to the central panel, Egg also conveys that they are, simultaneously, all thinking of that day when their world collapsed.

By 1871, The Book of Remarkable Trials gave only one page to Bradford (Jack Sheppard had twenty, Eugene Aram seventeen), and the author excused the scanty coverage: ‘The details of this case reach us in a very abridged form; and we have been unable to collect any information on which any reliance can be placed.’ The next murderer, John Scanlan, was even more completely subsumed into his dramatic doppelganger.

Dion Boucicault had had a huge success with The Corsican Brothers in 1852, that play of double identities and duels, revenge and apparitions, with a famous double role for the actor-manager Charles Kean. But the two men quarrelled, and Boucicault and his actress wife went to New York, where in 1860 he wrote and they both starred in The Colleen Bawn. In triumph, they returned to London, to produce an amazing ten-month run of the play at the Adelphi Theatre.

The Colleen Bawn tells the story of Hardress Cregan, a young Irish squire who is smitten by the beautiful but poor Eily O’Connor, the ‘Colleen Bawn’, or fair maid (played by Agnes Robertson, Mrs Boucicault). In the face of her purity and goodness, Cregan is unable to seduce her, and agrees to marry her. His mother, meanwhile, is being wooed by the evil Squire Corrigan. When she repudiates him (‘Contemptible hound, I loathe and despise you!’), he threatens to foreclose on her mortgage. She sees a way out of her money troubles by marrying Hardress to Anne Chute, the daughter of the local landowner; Anne, however, loves Cregan’s college friend Kyrle Daly. Hardress is now regretting his marriage: Eily speaks in dialect, is poor, and has ‘low’ friends, including Myles-na-Coppaleen (played by Boucicault), once a horse dealer, but now, brought down by unrequited love for the Colleen Bawn, a smuggler and poacher. The crippled Danny Mann, Hardress’ loyal servant, tells him: ‘do by Eily as wid the glove there on yer hand … if it fits too tight, take the knife to it … Only gi’ me the word, an’ I’ll engage that the Colleen Bawn will never throuble ye any more.’ Hardress is shocked, but Mrs Cregan overhears and tells Danny that Hardress has agreed to Eily’s death. Danny takes Eily out in his boat at night, and tries to get the marriage licence from her, but she refuses. ‘Then you’ve lived too long. Take your marriage lines wid ye to the bottom of the lake.’ He tosses her overboard and rows off. Myles, who is out checking on his illegal still, shoots wildly at Danny, before dramatically leaping from the cliff to rescue Eily. In the last act, Danny thinks Eily is dead, and confesses all to Father Tom. Meanwhile, Hardress has agreed to marry Anne, but on their wedding day Corrigan, who overheard Danny’s confession, arrives to arrest him for murder. In the nick of time, Myles appears with Eily. Mrs Cregan asks forgiveness, and Hardress, transformed by this trauma, swears eternal love for the Colleen Bawn. Anne and Kyrle Daly find each other, Corrigan is thrown in the horsepond, Myles is acclaimed a hero and everyone is happy in time for the final curtain.

It is hard to know quite what made The Colleen Bawn such a smash. Partly, it was its Irishry, which made the characters foreign but not too foreign; The Times noted with approval that the rogue Myles-na-Coppaleen was a ‘plebeian Irishman of scampish propensities, who alternates native shrewdness and pathos after a fashion familiar’. Partly it was the balance of melodrama and comedy. And mostly, as with Jonathan Bradford, it was the sensational staging. The attempted drowning of Eily, with Myles’ dramatic leap, routinely stopped the show. It is not entirely clear how this was done: the lake was blue gauze, manipulated by twenty boys standing in the wings, through which the drowning Eily dropped into an open trapdoor. Boucicault’s leap from the cliff, routinely described as a ‘header’, was probably carefully aimed between the gauzes at an open trap lined with a mattress or padding, onto which he would somersault. However it was done, it was thrilling enough that the Boucicaults had to stop and take a bow each night before proceeding.* (#ulink_12618dcc-31cd-5f3c-ae5a-5785a3a1f21d)

Only infrequently had theatres been sites of subsidiary commercial activities: at performances of Jack Sheppard handcuffs for children, and bags holding ‘a few pick-locks. a screw driver, and iron lever’ were offered for sale; The Woman in White, the staging of Wilkie Collins’ 1859–60 novel, had produced Woman in White bonnets and Woman in White perfume. But it was The Colleen Bawn that developed the commercial merchandising opportunity. Sheet music had been sold in conjunction with popular shows before, but this was something else again. In 1861 alone Mr William Forde’s popular Irish airs were dedicated to Mrs Boucicault and illustrated with ‘a well-designed sketch of the most striking episode in the drama’; there were at least another dozen similar pieces, including a ‘Morceau de salon sur des mélodies Irlandaises’. Later there was the Colleen Bawn Polka, the Eily O’Connor Polka, Your Colleen Bawn, the Colleen Bawn Overture and the Colleen Bawn Quick-Step.

That was only the beginning. ‘Colleen cabs’ stood outside the theatre on the Strand, waiting to collect playgoers. Fashion adored the Colleen Bawn: by the spring of 1861 the women’s papers were filled with advertisements for ‘THE COLLEEN BAWN, the Mantle of the Season, price 3s. 6d.’; the ‘Colleen Bawn cloak’, which is ‘simple, but very pretty’; even the ‘Colleen Bawn manteau’, ‘trimmed at the bottom by five rows of narrow black velvet; the hood is ornamented by two agrafes [clasps] in silk passementerie, also black’ – not precisely what a poor Irish girl might be expected to wear. Closer to reality was the adoption by the fashionable of the Irish countrywoman’s red cloak, made from better-quality fabric and renamed the Colleen Bawn. The Colleen Bawn also permeated the leisure world. Mr Sydney Hodges exhibited his pair of paintings, the Colleen Bawn and the Colleen Ruadh (the red-headed girl). A greyhound at the Worcester Club Croome Meeting in 1861 was named the Colleen Bawn, as was a four-oared boat that raced at the Victoria Rowing Club. There was also a racehorse, but this was a three-year-old in 1861, which meant either that its name had been changed, or that it had been named for an earlier Colleen Bawn – which was not as odd as it may sound today.

For Dion Boucicault did not dream up the Colleen Bawn. The origins of Eily O’Connor are to be found in 1819, when the real Eily was drowned, with no Myles-na-Coppaleen to perform a header to save her. Eily was in reality Ellen Hanley, aged fifteen, the orphaned niece of a shoemaker (in some accounts, a rope-maker). She had somehow met John Scanlan, a retired lieutenant of the marines, and substantially above her in social status: the Scanlans probably belonged to Munster’s Catholic semi-gentry. On 29 June 1819, the couple eloped – in some accounts, they were married, in others, married by an excommunicated priest, which Scanlan (wrongly) believed would not be binding. Or Scanlan may simply have seduced Ellen, and she may have called herself ‘Mrs Scanlan’ in hope rather than fact. In any case, she stole her uncle’s savings and ran off. A few days later, Ellen Walsh, a local woman, took passage in a boat crossing the Shannon near Kilrush, with Scanlan, his boatman/servant Steven Sullivan and a woman who called herself Mrs Scanlan. They all stayed overnight at Mrs Walsh’s, where Mrs Scanlan showed off her fine new clothes. The next day Ellen Walsh saw Sullivan pull a ring off Mrs Scanlan’s finger, and the day after she noticed the trunk in which Mrs Scanlan’s new clothes had been packed sitting in Sullivan’s lodgings. Scanlan told her that Mrs Scanlan had run away with a ship’s captain, and she later overheard the two men arguing, with Sullivan saying, ‘Mr. John, I have as good a right to the money as you have.’

On 6 September, a body washed up on shore; it had been in the water for weeks, and was badly decomposed, with no hair or flesh on the skull, and with a broken arm and leg. Ellen Walsh, before she saw the body, described the missing Ellen Hanley, her clothes, and the fact that she had a curious pair of double eye teeth. She was shown the stays that had been found on the body (the remainder of the clothes had probably been lost during its prolonged immersion), and thought they resembled Ellen Hanley’s, but could not say more. All the teeth in the head had been knocked out, whether before or after death was not known, but on examination it was found that there were double sockets where the eye teeth would have been. Another woman came forward with clothes that matched Ellen Walsh’s description, which she had purchased from Sullivan. Sullivan ran away before an arrest could be made, and Scanlan was charged with murder.

Scanlan’s family had some influence and money, and he was represented by Daniel O’Connell, who would one day be ‘the Liberator’ of the Irish, but who was in 1819 one of the county’s most successful barristers. There are barely any newspaper reports of the trial itself, and later the Pall Mall Gazette claimed that family influence had hushed up the scandal. The Belfast News-Letter in its report omitted Scanlan’s name altogether, and most of the papers covered the case only when Sullivan was caught and tried, in July 1820. It is therefore difficult to put together an account of the trial, but even with a barrister of O’Connell’s abilities, there was not much defence to be made. The circumstantial evidence was unanswerable: the two men were the last people to be seen with Ellen Hanley, Scanlan was identified as the purchaser of the rope that was found tied to the body, Sullivan’s sister still had some of her clothes, and his landlady had others, received from Sullivan in lieu of rent. A local minister said that within a few days of the elopement, Scanlan was already obviously bored with his young ‘wife’. Scanlan blamed the missing Sullivan, saying he himself had had nothing to do with Ellen Hanley’s disappearance and death, that Sullivan had taken her out in a boat and returned without her. But he wasn’t believed. He was quickly found guilty, and even his own lawyer was untroubled by the verdict: ‘It is very unusual with me to be so satisfied,’ O’Connell wrote his wife, ‘but he is a horrid villain.’

Some months later, Sullivan was picked up for passing forged banknotes. In prison he was recognized as Scanlan’s servant, and he was brought to Limerick for trial. Unlike Scanlan, he had no legal representation. When he was asked if he had counsel, he replied: ‘I have no money to fee counsel or attorney, my Lord, and have nobody to look to but you and the great God to give fair play for my life.’ The prosecution simply proceeded, calling its first witness, not an unusual situation for a working-class defendant. Sullivan’s ‘defence’ consisted of him asking one witness two questions of no seeming relevance at all, and after fifteen minutes he was found guilty. Before his execution he confessed, saying that Scanlan had wanted to get rid of Miss Hanley because ‘she always called him her husband’, and he had asked Sullivan to take care of it. Sullivan claimed that it was ‘some days’ before he agreed – as though that made it better – and then he ‘bought a boat for the express purpose of destroying her, and got an iron chain and ring made by a smith in Kilrush, to tie around her neck. Scanlan settled the rope, and spliced a loop to it, which he put round a large stone, in order that I should lose no time, and left everything ready for me.’ On the water, Sullivan hit Ellen with his musket, missing her head and breaking her arm, ‘then beat her with the gun till she was quite dead. tied her right leg to her neck, to which a large stone was attached’, and threw her overboard.

So, no pretty, scenically-painted death in a red cape. Just two brutal men who used and threw away a child because they thought she didn’t matter. Romanticization quickly set in, however. First was M.J. Whitty in 1824. His Tales of Irish Life included a story based fairly accurately on Ellen Hanley’s life. Sally is the daughter of a humble but hardworking peasant. She is, of course, wonderfully beautiful, intelligent and ‘docile’. She works hard, gives her father her earnings, and his ‘approving kiss was the best reward of duty’. One day a stranger stops to ask for a drink of water, and tips her; she takes her first step on the downward slope by not handing the cash over to her father, but spending it on fashionable fripperies. She runs off with the stranger, and he marries her, choosing a ‘rejected’ priest whom he thinks will accidentally-on-purpose forget to register the marriage; but unfortunately he has not chosen well, and the marriage is valid. Within weeks he tires of her, takes her boating with his servant, and that is the end of her. Sally’s father and abandoned fiancé are on his trail, however, and see the murder take place, although they are too far away to prevent it. The husband is arrested and found to be ‘allied to some families of the highest respectability in Ireland, whose interest with the executive was so powerful, that the judge who tried him, acting in a manner which would have immortalized a Roman, ordered his immediate execution lest a reprieve might be obtained’. (Summary execution as a civic good?)

Gerald Griffin, a struggling journalist, may have read this story, but it was Griffin’s novel The Collegians that marked the real beginning of the legend. Now Ellen Hanley becomes Eily O’Connor, while Myles Murphy, a farmer who sells Kerry ponies, is nicknamed Myles-na-Coppaleen, Miles of the Ponies. Here is Hardress Cregan, who has run through his inheritance and is sponging off his friends; Danny Mann appears too, although here he has a sister, ‘Fighting Poll of the Reeks’, ‘a fearless, whisky-drinking virago, over six feet in her stocking vamps’, whom Boucicault wisely decided would be too much for delicate West End sensibilities. Anne Chute and Kyrle Daly appear for the first time, and Daly is equipped with a comic servant named Lowry Looby. Mrs Cregan pushes her son to marry Anne: ‘If you wed as I desire, you shall have all the happiness that rank, and wealth, and honour, and domestic affection, can secure you. If against my wish. whether I live or die. you shall never possess a guinea of your inheritance.’ Hardress omits to tell his mother that he is already married. But as weeks go past (not the mere days that it took the real Scanlan), he tires of Eily, and Danny has a number of suggestions: sending her back to her father, shipping her off to Quebec, or killing her. Hardress spurns them all, then gives a series of contradictory orders, until it appears he barely knows what he wants. Danny however understands, and takes Eily out on the water, returning alone. Hardress confesses to his mother, and when the body is found, and Danny flees, she plans to buy her son’s way out of trouble. Danny refuses to betray his master until, thinking Hardress has double-crossed him, he confesses all. Hardress is arrested, but is not considered entirely culpable – did he or did he not tell Danny to kill her? He is transported, Danny is hanged, and Mrs Cregan lives on to do ‘austere and humiliating works of piety, which her church prescribes for the observance of the penitent’.

The novel was hugely successful – Griffin was said to have made £800 from it – perhaps because he set the story in the eighteenth century, a distancing effect that made the details appear less brutal. He also prettied things up: Eily doesn’t steal from her guardian, and she definitely marries. She and her family are classed-up, too: her uncle is no longer a rope-maker, but the parish priest, ‘educated at the university of Salamanca’; she speaks in standard English, not dialect, and is as ‘superior in knowledge as she was in beauty’ – no double teeth for Eily – as well as being a regular churchgoer.

With these adjustments, the theatre took Eily to its heart. By 1832 two Eily O’Connor plays had appeared in London: one by J.T. Haines at the City of London Theatre in Bishopsgate, Eily O’Connor, or, The Foster Brother; another by Thomas Egerton Wilks, Eily O’Connor, or, The Banks of Killarney! at the Coburg, complete with the characters as they appeared in Griffin. (Wilks in places barely troubled to alter Griffin’s punctuation, much less his words.) Despite – or because of – its similarity to The Collegians (and despite lines like, ‘Yonder comes Mr. Hector Creagh, the polished duellist’), this play was the one to survive until Boucicault came and blew everyone else off stage (Queen Victoria loved it so much she went three times in a fortnight).

There was recognition that Boucicault’s play was based on The Collegians, but much less that it was based on fact (the Manchester Times commented in 1860 that it was ‘a melodrama. founded on facts’, but that was a rarity). Boucicault started legal proceedings against the Britannia, claiming that C.H. Hazlewood’s Eily O’Connor was a lightly rewritten version of his play. The Britannia did not try to defend itself with reference either to The Collegians, or even to reality; instead it offered Boucicault a fee to allow them to continue the run, which he accepted. But he couldn’t sue everyone, and there was a positive lakeful of imitations: an anonymous The Colleen Bawn: or, The Collegian’s Wife; Cushla Ma Chree (also anonymous); and even a French adaptation, Le Lac du Glenaston (in which some of the characters head for the California goldfields).

Parody versions of theatrical successes were a commonplace, but Eily O’Connor attracted more than her fair share. Within two years of The Colleen Bawn opening, there were at least three successful mainstream satirical takes: The very latest Edition of The Cooleen Drawn, from a novel source, or, The Great Sensation Diving Belle, an anonymous parody at the Surrey; Henry J. Byron’s Miss Eily O’Connor. A New and Original Burlesque, at Drury Lane; and Andrew Halliday Duff’s The Colleen Bawn Settled at Last. A Farcical Extravaganza, at the Lyceum. They all have renamed characters: Hardress is ‘Hard-up’, or ‘Heartless’, Kyrle Daly is naturally enough Curl Daily. The Surrey version was in verse, and filled with contemporary local jokes: ‘Callagain’, the Squire Corrigan figure, is a policeman, complete with puns:

My name’s not Robert tho’ I Bobby am

So about Bob I pray no Bobbery, Ma’am

Tho’ in the Mayne force not the Royal Blues,

I’ll use no force, but what I’m forced to use …

Eily and Danny appear in a washing tub, and she turns up alive for the finale, to join in the dancing and the singing. The West End versions were not much more sophisticated. In Byron’s version, when Danny tries to drown Eily, she pops back up repeatedly – ‘Here we are again!’ – before catching cold from her ducking. The Colleen Bawn Settled at Last was more of a West End play, its humour based on the exquisitely comic notion of an Irish peasant girl married into the gentry, and the hilarious mistakes she makes across the class divide. Lord Dundreary, a character from Tom Taylor’s 1858 play Our American Cousin,* (#ulink_878d717f-f1b5-5f85-a794-6200afaaba95) wanders in, and Eily turns out to be his long-lost daughter and therefore a well-born heiress, something that happens frequently in melodrama, if not in life.

There were also ‘narrative entertainments’ of The Colleen Bawn, for those who wouldn’t go to the theatre. Mr and Mrs German Reed,specialists in the genre, advertised a musical version. Upmarket, Julius Benedict wrote an opera version, The Lily of Killarney, in 1862. Downmarket, a penny version of the play appeared, for those who couldn’t afford the gallery seats, or who wanted a more permanent souvenir; this included Lowry Lobby [sic] and Michil [sic] O’Connor, misspelled characters from The Collegians who had failed to make the transfer to the stage, which is an indication of the source. The frontispiece is suitably dramatic, with Danny poised to wallop Eily, who sits with ferociously glowering eyebrows in a small boat. The play was popular at fairgrounds too: there is evidence of a marionette version being performed in Sunderland in the early 1860s; in the 1870s the D’Arc marionettes had a ‘Cave [i.e. lake] Scene [that] is a work of art’, according to the Era. In the 1880s, Bryant’s marionettes were performing the rescue scene at the Britannia.

Ellen Hanley may have had a grim life and a worse death, but as Eily she lived on and saw the century out. By that time she had long left the world of murder and crime behind her. Others could not, and would be remembered only for how they changed crime – and crime policing – for ever.

* (#ulink_889eb17b-1e15-5b0f-a5b5-141c3ced0209) In George Borrow’s novel Lavengro (1851), Thurtell boasts that he is ‘Equal to either fortune’, which was said to be a quote from Aram’s defence speech. Most commentators have taken this to indicate that Thurtell was acquainted with the details of the murder of Daniel Clark. All it really means is that Borrow, the author who put these words into Thurtell’s mouth, was familiar with Aram’s defence, and since as a young man he had compiled a six-volume edition of Celebrated Trials, this is hardly a surprise.

* (#ulink_dddd7e0d-dd7f-5c07-b866-0a5df7eb2af3) While Bulwer may have thought his novel a moral portrait, Pierce Egan was more clearsighted. After its publication he called on Bulwer to present him with his treasure, the caul of Thurtell, as a tribute to a man he obviously thought of fi rst and foremost as a murder specialist. Bulwer was appalled.

* (#ulink_4945ee17-fb74-5337-b2c0-6596a5e17671) Even in today’s size-zero world, I don’t think anyone has defended themselves against a charge of murder by claiming they were too thin to have done it.

† (#ulink_8b1d5ed7-c976-5c56-aeff-886ee222fe20) At first I thought this must be satire, but it doesn’t appear to be; the basic information was reprinted the following day in another context.

* (#ulink_2e783304-0835-586d-ac9e-0ea2181f412e) Before 1832, copyright in a novel did not extend to other art forms: anyone could write and produce a play based on any fi ction. After 1832, legislation protected plays that had been published from being re-produced by other theatres, but if the play was staged without the script being published, then it too was fair game.

* (#ulink_55ff8f29-da23-564b-876c-9553ebebb869) Dickens is ‘literature’ now, and it takes an effort to see him through different eyes. Yet the number of murders and otherwise unnatural deaths that occur in his novels is astonishing: Oliver Twist has a murder, an accidental death by hanging, an execution, and a dog’s brains are smashed out for good measure; a murder, a violent riot leading to many deaths and a double execution appear in Barnaby Rudge; a murder, attempted murder and suicide by a murderer in Martin Chuzzlewit; while in A Tale of Two Cities there is a guillotining, and Madame Defarge shoots herself; David Copperfi eld has two accidental drownings and one suicide; a character falls down an abandoned mineshaft in Hard Times; Bleak House has two deaths from exhaustion, one suicide, one murder and one spontaneous combustion; in The Old Curiosity Shop there is one death by drowning, one from exhaustion; the fi rst person killed by a train in literature appears in Dombey and Son; Our Mutual Friend has a double, murderous drowning, another accidental death on the river, and two attempted murders; in Great Expectations there are two attempted murders and one death by drowning; in Little Dorrit a house crushes a self-confessed murderer. In the unfi nished Edwin Drood it is perfectly clear that the eponymous Drood has been murdered, but Dickens himself died before that murder was unravelled.

* (#ulink_0cbe9f9b-2df0-546e-acd8-acd1765492fa) Punch really had its knife out for Bulwer, and ran a series triggered by Eugene Aram, in which parallel columns compared Bulwer’s romanticized version of Aram’s life with the rather sordid facts. It later mocked Bulwer’s many names by referring to him as ‘Sir E. L. B. L. BB. LL. BBB. LLL.’

* (#ulink_bac3c5a9-080a-5133-a74a-5cbc43d8d3ff) After the success of the play, the grave of a completely unrelated Jack Sheppard, who had been buried in Willesden cemetery two centuries before the gaol-breaker, was overrun with visitors, and the cemetery’s wily sexton chipped off bits of the headstone to sell. (The criminal Jack Sheppard was buried in the workhouse of St Martin-in-the-Fields, now under the site of the National Gallery. In 1866 the remains of the cemetery’s inhabitants were transferred to Brookwood, in Surrey.)

* (#ulink_f99e3a27-1fc3-53de-9d33-37bd725f37a0) In case someone else was accused of the crime after his death, Ferroll had deposited a confession in his fi rst wife’s coffi n. How, the reader asks, was anyone supposed to know to exhume his fi rst wife in the hope that a confession might have been buried with her? Answer comes there none.

* (#ulink_76c38003-b706-57b0-9948-036afa87ead0) Vicars had a penchant for the story. A sale of autographs collected by the late Revd F.W. Joy included a letter from Aram after his arrest, as well as a letter from Bulwer authenticating it (although why Bulwer, born more than half a century after Aram died, should be an expert on his handwriting, is unclear). There were also ‘relics’: a box made from the wood of Aram’s gibbet, a bone from his skeleton, another box made from a beam from Daniel Clark’s house, as well as a portion of his skull (this time authenticated by the governor of York Castle), and there was a letter from Aram ‘relating to a recent tour on the Continent’. The idea of a poor school usher making a grand tour is so risible that it is hard to take the rest of the collection seriously, but people did. It was estimated to sell for £19, while a letter from Robert Burns was valued at £13, and an entire manuscript in Carlyle’s hand a sad little £3.

* (#ulink_01c07f25-6006-5902-8904-d2ce04c48846) Wills had a knack for turning theatrical fi ction into untheatrical theatre: his adaptation of Jane Eyre drops the novel’s dramatically interrupted wedding scene; instead, Jane is informed of Rochester’s previous marriage in a letter.

† (#ulink_1dcc73da-bcf6-5a51-a5b7-69107b24defa) Gilbert and Sullivan parodied this in Ruddigore (1887), which had dialogue accompanied in melodrama fashion. (The West End audiences were bemused, failing to recognize the convention.)

* (#ulink_017a7315-617d-59f3-bef3-dff580db2a87) Dickens had a history with Moncrieff and stage adaptations, however. In 1837 Moncrieff had written an adaptation of The Pickwick Papers before the serialization had reached its conclusion. Dickens took his revenge in Nicholas Nickleby, with a depiction of a ‘literary gentleman’ who had ‘dramatized … two hundred and forty-seven novels as fast as they had come out – some of them faster than they had come out’. Given this type of speedy hackwork, it is not surprising that many authors stuck to newspapers. C.H. Hazlewood, the house author at the Britannia, regularly fi lleted the newspapers, magazines and pennydreadfuls, précising the stories and fi ling ‘sundry axioms, aphorisms, and moral sentiments’ alphabetically under headings such as ‘Ambition’ or ‘Kindness of Heart’. When he began a new melodrama, he merely took one of his précis and fi lled it in with relevant quotations. Fitzball, receiving his commission from the Surrey, similarly went back to an old story.

* (#ulink_08b4c7cc-8d59-5a39-9ee0-87e41813e03a) So popular was this novelty that it was quickly turned to satire. Only two weeks later, Figaro in London announced that Sadler’s Wells was planning a play ‘in which there is to be a scene showing twenty rooms at once, with a different tragedy acting in ten of them, operas in fi ve, and the remaining fi ve representing as many perfect comedies’.

† (#ulink_08ae3b6d-084b-5070-8eb1-b256e4aa23dc) Another way of measuring the play’s success was the appearance of racehorses named after the murderer. The Earl of Burlington ran a gelding named Jonathan Bradford at the 1834 Derby, and on the second day of the meeting a Mr Breary was listed as the owner of another horse with the same name.

* (#ulink_4b3ff892-4e1e-5057-9590-882a8cd46fbc) There is also a story by Mrs Gaskell, ‘A Dark Night’s Work’, begun in late 1858, which begins as though Mrs Gaskell might have read of Jonathan Bradford. It is said, however, that she based her story on a Knutsford case of a lawyer who vanished.

* (#ulink_39cd643c-43b8-5544-bfc0-b6626b56ab4e) In 1896, Bernard Shaw saw a production at the Princess’s Theatre in which real water was used, which he felt destroyed the illusion, although ‘the spectacle of the two performers taking a call before the curtain, sopping wet, and bowing with miserable enjoyment of the applause’, was something ‘I shall remember … while life remains’

* (#ulink_8624002d-dc30-5d77-9454-e6a9e5d36081) Our American Cousin’s main claim to fame today is that it was the play Abraham Lincoln was watching when he was assassinated.




FOUR Policing Murder (#ulink_d4501495-b9e1-5577-ae5f-b7a6f43fb94b)


One man, perhaps, can be credited with the creation of Scotland Yard, although he did not live to see it, and would not have enjoyed it if he had. That man was Daniel Good, and he was not a policeman or a politician, but a murderer; not the hunter, but the hunted.

Until 1842, the police saw themselves primarily as performing the function Parliament had established them for: prevention of crime. It was hoped by Peel and his supporters that this emphasis would encourage an initially reluctant populace to view the new police as protectors of the weak and the oppressed, instead of a tool of the powerful. Up to a point, this had happened. Even with the Cold Bath Field riot a vivid memory, police crowd-control was quickly discovered to be much more satisfactory than calling out the army – truncheons got the same results, with far less damage, than mounted dragoons with sabres. One of the earliest attempts at crowd-control by the new police was in 1830, three years before Cold Bath Field, when a week of rioting followed the Duke of Wellington’s rejection of parliamentary reform. Seven thousand troops were held at the ready, but were never deployed; instead, 2,000 London policemen marched. The mobs targeted them, shouting ‘Down with the New Police. Down with the Raw Lobsters!’ Handbills were distributed: ‘These damned Police are now to be armed. Englishmen, will you put up with this?’ Yet there were no deaths, nor even any broken bones. ‘A week’s rioting in a city with a population nearing 2 million had for the first time in English history been suppressed. by a. civil force armed only with pieces of wood,’ wrote one modern historian.

There were, however, limitations to this preventative role, and the eruption of Daniel Good into the national consciousness highlighted the one-sided nature of Peel’s force. The police were paid to prevent violent crime. What happened afterwards, if prevention failed?

Daniel Good was a coachman employed by a Mr Quelaz Shiell in the hamlet of Roehampton, south-west of London. He had been keeping company with Jane Jones, a laundress who lived in Manchester Square, who was known as ‘Mrs’ Jones, even though there was no Mr Jones and her eleven-year-old son called Daniel Good ‘Father’. But in 1842 Good met Susan Butcher, and Mrs Jones had come to hear of it. To soothe her, Good invited her out to Roehampton, while the boy was sent overnight to a friend. The next day, Monday, 6 April 1842, Good visited a pawnbroker in Wandsworth, where he bought a pair of black knee breeches. As he was leaving, however, the pawnbroker’s assistant saw him take a second pair of trousers. The pawnbroker went to the police in the Wandsworth, or V, Division to report the matter.

A constable was assigned this case of trouser-theft and two days later, accompanied by two stable boys (Good had a reputation for violence), he went out to talk to Good. He found him in the stables, and in an emollient frame of mind, immediately offering to return to the pawnshop with the constable to pay for the goods. The constable said that was not in his orders; he was there to search for the stolen trousers. He began in the harness room, where, moving a truss of hay, he saw what he thought was a dead goose. At that moment he heard the stable door slam, turned around and found that Good had fled, locking him and his companions inside. The constable now realized that the goose was actually a woman’s torso, without legs, arms or head, ‘the belly. cut open, and the bowels taken out’. He and the stable boys broke down the door, but once free, instead of pursuing Good, who at that point had been gone less than a quarter of an hour, the constable resumed his search of the barn, finding a bloodstained mattress. Only then did he send off for reinforcements, waiting for them at the stable. When they arrived, they too showed little desire for the chase, and instead everyone returned to Wandsworth police station for further orders.

When, nearly two hours later, more senior police arrived, they too thought their first task was to search the stable. Evidence of a horrible crime was readily found: an axe, saw and knife covered with blood, together with a fire that showed signs of having recently burnt fiercely – ‘there were pieces of wood, coal, and straw, a great quantity more than was necessary for any common fire’ – while in the ashes underneath were pieces of bone. Only now was Mrs Jones’s young son questioned, and the police heard that he had been sent away for a night. The gardener’s son added that he had seen Mrs Jones that same day at Roehampton, wearing a blue bonnet.

In the late 1830s Commissioner Richard Mayne had instituted a city-wide system of ‘route-papers’ for the dissemination of police information. Every morning, the superintendent of each division had to write a complete summary of all unsolved crimes that had occurred in his district over the previous twenty-four hours, with full details, including whatever information was available concerning the suspects. A copy of every route-paper was sent daily to all divisions, so that each superintendent had a list of every unsolved crime throughout London, plus information about wanted men, suspects and so on, information which was in turn passed to the constables on the beat.

No route-paper was written on the missing Daniel Good for twenty-four hours. And when it was, there being no overall detective organization, each division that held a piece of the jigsaw started work on its own. Nine divisions followed different leads, with no coordination. Putney police discovered that Good had been seen quarrelling with a woman at the Spotted Horse tavern in Roehampton. Meanwhile in Marylebone, D Division learned that Good had spent the night at Mrs Jones’s lodgings, but by the time they arrived at the house he was long gone, taking with him Mrs Jones’s bed, trunk, a box and a hatbox. The cab driver who had driven him away was identified, and he said he had driven his passenger to Whitcombe Street, near Pall Mall. As this was not in D Division’s area, Marylebone police took no further action. C Division covered Whitcombe Street, and they printed handbills describing Good, and posted placards throughout London and the suburbs detailing the crime and Good’s appearance. Witnesses reported that Good had gone from Whitcombe Street to the Spotted Dog pub in the Strand, before moving on to Spitalfields, in H Division. C Division therefore lost sight of him. It was only on yet another search of the stables that a letter from Mrs Butcher, from an address in Woolwich, was found. V Division forwarded this information to R Division at Greenwich, who questioned Mrs Butcher at her lodgings. On the day the murder was discovered Good had visited her, leaving behind some clothes he said had belonged to his dead wife. The items included a blue silk bonnet and a reticule, both of which had been described by the Manchester Square residents as belonging to Mrs Jones. The bonnet, furthermore, looked very much like the one the gardener’s son had seen Mrs Jones wearing. Good had also told Mrs Butcher about a mangle she might have, although she could not remember precisely where he had said it was. The police may not have been able to find Good, but here was confirmation that they were hunting the right man: the day before the discovery of the body, Good had been giving away Mrs Jones’s possessions. He, at least, appeared to think she would no longer want them. The police offered a £100 reward for information, to which on 12 April, four days after the discovery, the Putney magistrates added another £50.

After the discovery of what was presumed to be Mrs Jones’s body, the coroner for the district had initially requested that it be kept in situ at the stable, for identification purposes – the assumption was that Good would be rapidly captured, and that the inquest jury would visit the scene of the crime. Very shortly, however, her body was instead playing a part in the entertainment world, as it was displayed to the curious. The Times was eloquent on the subject. On 8 April it commended the viewings: ‘very properly’, the police were permitting entry only to ‘the principal inhabitants of the neighbourhood’. Four days later, however, ‘vehicles of every description, from the aristocratic carriage to the costermonger’s cart’ were permitted to enter, and with the arrival of these working-class spectators the display had now become a ‘disgusting exhibition’.





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