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ticularly pointed and precise in their directions for confining him to the usual condemned diet of bread and water. These orders were scrupulously fuifilled. He had a parting and affecting interview with his wife, who left him finally at about eleven o'clock on the night of Wednesday, the 27th. Soon after, Kirby, the gaoler, and Mr. Sheriff Cox, visited him in his cell. He inquired if any news had arrived. He was told none. He expected a reprieve up to twelve, and not until that hour had elapsed did he resign himself to his fate. He inquired particularly whether the machine on being brought out of the press-yard would make much noise, and asked at what time. The prison attendant, unwilling to discompose his mind, pretended to be ignorant of these matters. He fell asleep between four and five o'clock, and did not hear the disturbance occasioned by the passage of the gallows, at five o'clock, although it shook the whole prison. About twenty minutes after, a mail-coach going by, he started, and said, "Is that the scaffold "The same person answered no, that it was the mail, and he might hear the guard's horn. He slept no more, but asked many other questions, particularly whether, being a tail man, he could not avoid the jerk in the falling of the platform, although it was done, he supposed, to dislocate the neck of the sufferer, and put him sooner out of his agony. His voice preserved its usual strength and tone to the end; and although minute in his questions respecting the machinery in every part, spoke of his approaching execution and death with perfect calmness, The ordinary, Dr. Ford, entered at seven, when the prisoner devoutly joined him for some time in prayer, They then passed on to an ante room. Governor Wail asked "whether it was a fire morning 1" On being answered in the affirmative, he said, "The time hangs heavily; I am anxions for the close of this scene." One of the officers then proceeded to bind his arms with a cord, for which he extended them out firmly; but recollecting hinseif, said, “1 beg your pardon for a moment," and putting his hand in his pocket, he drew out two white handkerchiefs, binding one round his temples, so as nearly to ves, over which he placed

a white cap, and then put on a round hat. The other handkerchief he kept between his hands. He then observed, “The cord cuts me, but it's no matter." Dr. Ford desired it to be loosened, for which the prisoner bowed and thanked him. As the clock struck eight, the door was thrown open, at which Sheriff Cox and his officers appeared. "I attend you, sir," said the governor; and the procession to the scaffold over the debtors' door, immediately succeeded.

As soon as the principal figure in the tragic scene about to be enacted became visible to the populace, three tremendous yells of execration issued from a dense crowd of both sexes, and evidently deprived him of the fortitude he had summoned up. He bowed his head under this extreme pressure of ignominy, when the hangman put the halter over it, but took it off again to replace it more conveniently. This done, the criminal stooped forward and spoke to the ordinary, who, no doubt at his request, pulled the cap over the lower part of the face. In an instant, with out waiting for any signal, the plat form dropped, and the wretched man was launched into eternity! From the knot of the rope turning round to the back of the neck, and his legs not being pulled, at his particular request, he was suspended in convulsive agony for more than a quarter of an hour. After hanging the full time prescribed by law, the body was cut down, put into a cart, and immediately conveyed to a building in Cowcross street, to be dissected. He was dressed in a mixed coloured loose coat, with a black collar, a swansdown waistcoat, blue pantaloons, and white stockings. He appeared a miserable, emaciated on jeet, never having quitted the bed in his cell from the day of trial to the morning of execution. His age was differently stated; but he must have been sixty at the least. He was buried in St. Paneras churchyard.

Public indignation had never ran so high since the execution of Elizabeth Brownrig, ferdegangtomile apprentices to death, in 1767. The crowd, though prodigious, was less than that which attended the har ging of Adamson and Williams on for forgery, thrce years before, or of Holloway and Hagkeity, for the murder of Mr. Scci, five years later, when thirty of the

spectators were trodden to death, and treble that number maimed and disabled.

under trial, a print was exhibited in many shop windows, entitled "The Ghost of Byng." It represented the general in full scarlet uniform, tossing on a sleepless couch, and the admiral, in naval blue, standing at the foot, uttering these words :-" Mark! If he who caused the death of thousands is suffered to escape, I am a murdered man!"

The indictment of the AttorneyGeneral at Wall's trial was candid, moderate, and impartial; a simple narrative of facts, without any other comment than a legal construction of how far they were criminal. This cause célèbre lives in our history as a monument of retributive justice, and as a warning to all intrusted with command, in places remote from control, to use their delegated authority with moderation. The contemporaneous trials exhibited an antithesis of constitutional privilege. Judge-Advocate of the Admiralty was seen prosecuting disobedience and breach of discipline at Portsmouth; while the King's Attorney-General stood forward to obtain redress against cruelty and abuse of power, in London.

The

The circumstances attending the conviction of Governor Wall are more than commonly remarkable. The length of time that had elapsed since the commission of the crime; his withdrawing himself from justice in 1784; his voluntary return, and surrender in 1801, in the confidence that he would be acquitted for want of proof; and the presence of every witness who could have originally appeared against him, or who was enabled to contradict those brought forward in his defence, with the absence, from death, of others who might have exonerated him-all these points impressed on many minds a strong confirmation of the belief that Providence interferes in a peculiar manner in the detection and punishment of murder. But the case, in all its bearings, was a singularly unhappy if not a hard one. We can scarcely class it as intentional, premeditated murder. He might or might not have escaped the extreme penalty at another time. The court may have had an unconscious bias from the state of public feeling on some of the circumstances of the day. But it cannot be said in this instance, however it may lamentably apply to others on record, that either the immediate tribunal, or the ministers who ordered it, were swayed by the civium ardor prava jubentium," the wild fury of the people compelling evil measures, on the one hand, or the vultus instantis tyranni,* the frown of threatening despotism, on the other. It was not a sacrifice to private faction, popular outery, or ministerial cabal. There was neither the savage party rage, which shot Admiral Byng for a simple error in judgment in not winning a signal victory, or pour encourager les autres," as Voltaire said; nor the maudlin, misplaced forbearance which Edward Marcus Despard was a spared General Whitelocke for the native of Quech's County, Ireland. palpable cowardice which occasioned He entered the army in early life, and a disgraceful defeat, and the slaughter served with fidelity and distinction. of a host of gallant men. In such At the close of the American War of glaring misdeeds, the weight of sin Independence, he was stationed in the lies with the backstair influence West Indies, where he acquired credit which appoints incompetent com- by an expedition to the Spanish main. manders. While Whitelocke was At the close of the Nootka Sound

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From murder to treason: the crime differs, but the law of England awards the same punishment. There are those who think this ought to be amended in the one instance, if not in the other. In France, the penalty of ordinary treason is deportation. But treason often includes compassing the death of the sovereign, and many other deaths in the process. In such cases, wherein lies the distinction except in the multiplied enormity which deals in wholesale instead of individual murder? The conspiracy of Colonel Despard, in 1802, was quite as inclusive in its object as the great Chartist movement of 1848, but far more wild and impracticable in the projected mode of action.

* Horace.

affair, he had reached the rank of lieutenant-colonel in the 79th Regiment, and held the office of superintendent at Honduras. Some part of his conduct giving offence to the settlers, complaints were forwarded against him, upon which he was suspended and sent home. He applied to Government for an investigation of his conduct, which was rejected, as were also his claims. This naturally irritated him, and conceiving that, at least, he had a right to a fair hearing, in his disappointment and soured feelings, he became a violent democrat, renounced his allegiance, and engaged in traitorous projects against the State. These projects were soon, in part, revealed. Colonel Despard, being arrested on suspicion, was immured for three years in the prison of Cold Bath Fields His treatment during this captivity was unnecessarily harsh, and on several occasions complained of and discussed in the House of Commons. On his release, it was evident that his temper had given way under a sense of his wrongs, real or imaginary, and that his intellect, to a certain extent, was disordered. He frequented low ale-houses in London, and leagued himself with some of the refuse of society. With these he formed a plot, cemented by an oath of secrecy, to murder the King and Royal Family, and to seize the Tower, the Bank, and other public offices. His idea was, to load the great gun in the park with grape-shot, to surround it suddenly with a band of the conspirators, when the King went to open Parlament, in November, 1802, and to discharge the deadly missiles at the royal carriage, as it passed an exagerated anticipation of Fieschi's infernal machine plot in 1835. One conspirator, less diabolically savage than his associates, observed that the lives of many innocent persons would thereby be destroyed. "Let them keep out of the way," said Despard. Some of the gang turned king's evidence, the worst of all classes of witnesses— necessary evils; but in treasonable cases frequently the only ores that can be obtained, and they are seldom wanting. Fow confederates of a conspiracy have the constancy of the Athenian courtezan, of whom it is recorded that she cut her tongue out, that no pressure row it in her power to betray

the plot against the Pisistratidæ, which had been revealed to her. The ministers received timely notice of Colonel Despard's plans, and took their measures accordingly. On the 20th of November, three days before the date fixed for the royal procession, a strong party of the London, Surrey, and Kent patrols surrounded the Oakley Arms, a small public house in Lambeth. There Despard and thirty-two of his confederates, all of the lowest class, were seized.

On the 7th of February a special commission assembled for their trial, at which Lord Ellenborough presided. Best, afterwards Chief Justice and Lord Wynford, was retained by Despard as his leading counsel. He summoned many witnesses to character, amongst others Lord Nelson and Sir Alured Clarke. Lord Nelson deposed that he had served with the prisoner on the Spanish main at the attack of Fort St. Juan, in 1780, and that he bore the character of a brave officer as wed as of an honorable and loyal man. Lord Ellenborough, adverting to this testimony in summing up, observed that it had been given by "a man on whom to pronounce an eulogy were to waste words." Lord Nelson says, in a letter to Alexander Davison, written the day after; "I was at Colonel Despard's trial yesterday, subpoenaed by him for a character. I think the plot deeper than was imagined; but as to the extent, nothing except the Guards has come out." This last paragraph was in allusion to two of the arrested conspirators being privates in the Guards, and seized in uniform. It was thought more of their comrades were implicated. The evidence produced before the Court was clear and positive. Colonel Despard and six of his associates, the two soldiers included, were found guilty of high treason, and sentenced to be hanged and beheaded. The jury strongly recommrded him to mercy, we may presume, on the score of his former services and loyalty.

On Monday, February the 21st, the execution took place on the top of the new gaol in Horsemonger lane, in the borough. When the warrant was delivered on the preceding Saturday, it was communicated to the condemned prisoners by the keeper of the prison, Mr. Ives, with as much humanity as the nature of the case required. It

was expected by all, and received with fortitude. Colonel Despard observed that the time was short; but he never expected, from the first, that the recommendation of the jury would be effectual. From the moment of conviction he had begun to prepare himself for the hour that would close all sublunary scenes upon him for ever. During the whole of the interval between sentence and execution he behaved with composure, and gave no indications of unsettled intellect. A portion of his time he employed in writing, some in reading, and the greater part in conversation with his wife.

Soon after the arrival of the warrant, all papers, and everything he possessed were immediately taken from him. He was strictly searched, to discover whether he had any knife or means of self-destruction concealed about his person, and everything that it was thought might enable him to put an end to his existence was conveyed out of his reach. There is no reason to suppose that he intended to emulate the conduct of Eugene Aram, or had the slightest design of evading the law by committing suicide. But these are the usual and necessary precautions. Mrs. Despard was greatly affected when she received the first intelligence that his fate was sealed; but on Sunday she recovered her fortitude, and accompanied by another lady, had a last interview with her husband about three o'clock. The lady wept bitterly; but first Mrs. Despard, and then the Colonel, reproached her with her weakness. The husband and wife bore up with great firmness, even at the parting; and when she got into a coach, as it drove off, she waved her handkerchief out of the window. The other prisoners waited their fate with equal hardihood, but conducted themselves with less solemnity than Colonel Despard. Their wives and other relatives were allowed to take leave of them on Sunday. The scene was extremely distressing. Five of these men attended the chapel within the gaol on Sunday morning. Macnamara, being a Roman Catholic, did not attend, neither did Colonel Despard, who constantly refused the assistance of a clergyman.

Mrs. Despard having taken leave of her husband at three o'clock on Sunday afternoon, came again about five;

VOL. LXV.-NO. CCCLXXXV.

but it was thought advisable to spare both the pangs of a second parting, and she was therefore not admitted into the prison. She evinced some indignation at the refusal, and expressed a strong opinion with respect to the cause for which her husband was to suffer.

After Mrs. Despard had left the Colonel on Sunday, he walked up and down his cell for some time, seemingly more agitated than he had been at the moment of leave-taking. Between six and seven he threw himself on the bed, and fell into a short sleep. At eight o'clock he awoke and addressed one of the officers of the prison who was with him in these words :-"Me ! They shall receive no information from me. No, not for all the gifts, the gold, and jewels in the possession of the Crown!" He then composed himself and remained silent. The above expressions led to a supposition that endeavors had been made to prevail upon him to make disclosures. Later in the evening he was visited by the gentleman who acted as his solicitor, who came to ask where he wished to be buried. After some deliberation he replied, that he believed several of his countrymen lay in St. Pancras church-yard, and there he desired to be interred. The clergyman of the prison, Mr. Winkworth, had several times made overtures to the Colonel to commune with him. This he declined with courtesy. On Sunday he repeated the request, but received the same denial. Mr. Winkworth wished him then to accept a book, which he also declined. He was understood to have said that he was not particularly attached to any form of worship or faith, and that his mind was entirely made up upon religious matters. He slept soundly until halfpast four on Monday morning, and passed the remainder of the time in walking up and down his cell.

At five, St. George's bell began to toll, and continued for about an hour. At half-past six, the prison bell rangthe signal for unlocking the cells. Mr. Winkworth, and Mr. Griffith, the Roman Catholic priest, the same gentleman who attended Quigly when he was executed, came to the prison and were immediately admitted to the condemned. At seven o'clock five of them went into the chapel. Colonel Despard remained in his cell, and

7

Macnamara in his, praying with the minister of his persuasion. The five conducted themselves with much decorum in the chapel. They joined in the prayers with earnestness, and severally received the Sacrament. The service in the chapel lasted three quarters of an hour. Before it was over Colonel Despard and Macnamara were brought down from their cells. Their irons were knocked off, and their arms and hands bound with ropes. Despard walked up and down before the chapel door, but did not enter. Macnamara remained in earnest conversation with the priest, and with a book in his hand. After the five had received the Sacrament, they were brought out of the chapel and their irons removed. The executioner then tied their arms and hands in the same manner as he had before bound Despard and Macnamara.

Notice was then given to the sheriff that they were ready. Colonel Despard, who stood the first, retired behind, and motioned to Francis, who was making way for him, to precede. The hurdle had been previously prepared in the court-yard. Macnamara and Graham were first put into it, and drawn to the lodge, where the inner gates were opened, and they were conveyed to the staircase leading up to the scaffold. The hurdle returned, and brought Broughton and Wrattan, then Wood and Francis. Last of all, Colonel Despard was put into it alone. He shook hands with a gentleman as he got in, and looked up to the scaffold with a smile. During this part of the awful ceremony, the bell of St. George's toʻled again. On reaching the staircase the prisoners were escorted up, one by one. As soon as the cord was fastened round the neck of one, the second appeared, and so on, until all seven stood in a row. Macnamara was the first. He still held a book in his hand, and when he felt the cord, exclaimed, with the greatest devotion, “Lord Jesus, have merey upon me!” Graham came second. He looked pals and ghastiv, but spoke not. Wrattan was the third, and exhibited perfect seit possession. Broughton, the fourth, smed as he ran lignitiv up, but when the rope was placed on his neck, he turned pale and smed no more, Wood and Francis, in their military

forms, were the fifth and sixth.

They stood composed. Francis was the best-looking of all, tall, handsome, and a manly figure.

Colonel Despard was brought up last. He wore boots, a dark brown great-coat, and his hair unpowdered. His step was firm; his countenance underwent not the slightest change while the appalling preliminaries to execution were taking place. He looked on the assembled multitude beneath with unmoved aspect, and advancing as near as he could to the edge of the scaffold, spoke as follows; -"Fellow-citizens, I come here, as you see, after having served my country faithfully, honorably, and usefully, for a long series of years, to suffer death upon the scattold, for a crime of which I protest I am not guilty. I solemnly declare that I am no more guilty of it than any of you who may be now hearing me. But though his Majesty's ministers know, as well as I do, that I am innocent, yet they avail themselves of a legal pretext to destroy a man because he has been a friend to truth, to liberty, and to justice." Here there was a considerable huzza from that portion of the crowd nearest to him; but from the height of the scaffold above the ground, it was impossible they could catch more than an in listinet impression of what was said. He then proceeded--" Because he has been a friend to the poor and the oppressed. Bat, citizens, I hope azk trust, notwithstanding my fate, and the fate of those who, no doubt, wul soon follow me, that the panciples of freedom, humanity, and justice, will finally triumph over falhood, tyranny, and delusion, and every pincipie hostile to the interests of the human race. And now, having said this, I have little more to add. Here his voice seemed to falter. He paused, as if he had meant to say something more, but had forgotten it. He then concluded with these words "I have little more to add, exopt to wish you all, health, hippiness, and freedom, which I have endeavoured, as far as was in my power, to procure for you and for in vind in general.”

There is little dependence to be placed on the farewell specches of enthusiasts condemned for political offences, as indications of real charac ter and purpose. They are generally

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