No More Learning

He
never entered into any political
controversies ; but
when there was an absolute
opinion, he always decided in favor of England ; so that, though a papist, he was never suspected by those he conversed with ; nor was he supposed guilty of any illegal practices in the house where he lodged, having appointed a coffee-house near St. Clement's church for the receipt of his letters, under a fictitious name.
He had continued his correspondence from the be ginning of the year 1756, without any material inter ruption, writing upon the margin of a newspaper such news and observations as were not there con tained ; in this manner the examiners of the post- office were deceived, and let these letters pass, imagin ing there was nothing more contained than the news paper. At length his employers complained of the insignificancy of his intelligence, and the necessity there was of extending his plan, otherwise they would discontinue his appointment; and actually threatened to deduct a guinea for every letter that did not con tain some advice of importance. This letter, which was transmitted from Paris by the Hague, contained
D2
necessity of giving his
16 MEMOIRS OF [george u.
nothing seemingly but a few wide lines, written upon
the most trifling, complimentary subject; and was therefore re-sealed and conveyed to him by means of the fictitious direction. An answer to this came from him, which was sent by Holland, to Paris^ This letter of the Doctor's, which then appeared upon examination to be nothing but an answer to the com
pliments, contained (as since has been found, by the copies he kept by him) a representation of the small income, which was not sufficient to make him neglect his practice, and such company as proper intelligence was to be obtained from. These wide-wrote letters had their desired effect, by passing unnoticed for some time at the post-office ; at length the secretary sus pecting there must be something more contained than these corresponding trifles, held one to the fire, when many lines, written with lemon-juice, between the black ones plainly appeared. This letter, which was dated from Twickenham, after giving a very exact account of the state of our finances, the condition of our fleet and army, their disposition, how many ships guarded, and how many soldiers lined the coasts of England, concluded with asserting that the only means
of preventing the success of the expedition (to Roch- fort) would be to make a powerful diversion upon the
george ii. ] REMARKABLE PERSONS. 17
coast of England, with a considerable force ; that by thus attacking us in our very vitals, we might be en
gaged at home, and be prevented from sending a num ber of troops abroad sufficient to give them any real
The discovery of this letter unravelled the whole mystery of all the former ; henceforth all letters directed as before were stopt, and those that
came from abroad were intercepted. The real person to whom they were directed was soon discovered, and his haunts were as soon known. Being a papist, he never failed going to one of the ambassador's chapels on a Sunday ; and as the Spanish minister's in Soho- square was that which he most usually frequented, a secretary-of-state's warrant being issued for his ap prehension, he was way-laid coming from thence by two of his Majesty's messengers on Sunday, the 2 1st of August, 17-57; and after being dodged to two houses in Dean-street, and from thence to the Montpellier coffee-house, facing Greek-street, where he dined, he was seized in St. Martin's-lane, and conducted to the house of one of the messengers in Jermyn-street.
As soon as he was secured, his lodgings, at Mr. Blount's, Arundel-street, in the Strand, were searched, where they found in his bureau twenty-nine rough draughts of letters ; also his correspondence from his
annoyance.
18 MEMOIRS OF [george n.
employers ; all written with lemon-juice between the
black lines. In those he had received from abroad
were complaints of the insignificance of his intelli gence, and how they were better served by a person who lived (or had lived) at Colchester: that there was no need of acquainting them with what the Duke was doing in Germany, they being much earlier and better informed than he could instruct them. They likewise contained instructions, how to write with greater safety and dispatch, by means of directing all the important letters to his brother, who served in the double capacity of chaplain, and under-secretary to the Spanish minister at the Hague. These instructions he closely followed,
as appeared by the rough draughts of his letters, which lately contained more important intelligence, as well with respect to the disposition of our fleets and armies, as to the secrets of the cabinet, which is sur prising how he could obtain ; nor can it be otherwise accounted for than by his frequenting such coffee
houses where it is supposed subjects of this nature were usually most spoken of. It appears he gave intelligence of Admiral Holbourne's destination to America, a few days after the admiral's instructions were signed ; and was particularly minute with respect to the number of ships and troops on-board, with the
george ii. ] REMARKABLE PERSONS. iy
day of their departure, &c. This improvement in his intelligence is to be attributed to the increase which his salary now received ; for instead of five hundred livres a quarter, he was promised that sum every month ; and was also given to understand, that if there were any hopes of procuring intelligence of great consequence, not to spare expense, as he might assure himself of all possible encouragement. But this rich endowment was of short duration ; for he received merely one month's salary before he was taken into custody, when his poverty was so great that all his cash, both in his pocket and his bureau, did not amount to a guinea.
During his confinement at the messenger's he was particularly reserved, very seldom entering into any conversation, and never mentioning any thing relative to his own affairs. This precaution was of very little use, as he afterwards found ; but he all along imagined that proceedings against him would not be carried to any great extreme, and that he could, by the intercession of friends, procure a mitigation of his punishment ; but, alas ! his friends were like most others, merely temporary ; his coffee-house ac quaintance all disowned him ; and those persons who had been connected with him were, through
20 MEMOIRS OF [george ii.
necessity, obliged to be evidences; otherwise they would have been guilty of misprision of high-trea
son, and liable to have suffered
facts were too glaring to suffer him to escape with impunity ; and it was high time to make an exam ple of some, to deter others from the same practices. On his examinations before the secretary-of-state, he made the most trifling excuses : pretending his ignorance of the consequences of his conduct, though, at the same time, he was conscious of the enormity of his offence, by actually inviting and
counselling the French to make an invasion on
England. He was committed to Newgate on Wed-
nesdays the 9th of March, by the Right Honorable the Earl of Holdernesse, one of his majesty's prin
treason, in adhering to, and
enemies. If his finances were low at the time of
his being taken into custody,
greater ebb at the time of his commitment, after near seven months confinement at the messenger's, during which time he had more than exhausted the small remains of his stock for superfluities; in fine, he found himself under the necessity of pawning his
sword for a guinea, to pay garnish, and was much
accordingly. The
cipal secretaries-of-state, being charged with
high- assisting, the king's
they were at a still
george ii. ] REMARKABLE PERSONS. 21
in arrears for the room in the press-yard, which he was to pay five shillings a week for. His confine ment in Newgate all along resembled that at the messenger's ; and he scarce spoke to any but his
confessor, who frequently visited him.
He was indicted at Easter-term, in the 31st of
George II. , the solicitor of the treasury being pro secutor for the crown ; and the indictment was found at Westminster, by the grand inquest for the county of Middlesex. The same being returned to Banco
Regis, he was brought from Newgate that term to the bar of the court, and arraigned for high- treason, in adhering to the king's enemies, and carry ing on, by letters, a treasonable correspondence with one La Roche, and P. de France, as appeared
by the answers he received from these French corres
pondents ; to which he pleaded not guilty. A copy of the indictment being delivered to him, the
court ordered him to prepare for his trial, on Monday, the 12th of June following.
He was, in consequence, on the 12th of June conducted from Newgate in a hackney-coach, the irons which he wore being taken off; and, between nine and ten o'clock that morning, brought into the
court of King's-bench by Mr. Richard Akerman, VOL. IV. E
22 MEMOIRS OF [george n.
head-keeper of Newgate, in whose custody he was ; when, after the usual forms for silence, &c. the jury being called, the prisoner was arraigned on the indictment. He stood charged by the name of Florence Hensey, doctor of physic, late of the parish of St. Clement Danes, in the county of Middlesex, with being a " traitor to his country, and not obeying the duty of his allegiance to our Sovereign Lord George the Second, King of Great Britain, France and Ireland, &c. In the months of May and June,
1757, and at divers other times, as well before as after, in the parish aforesaid, and county aforesaid, with force and arms, feloniously, traitorously, and of his malice aforethought, did write certain letters to the agents and subjects of Lewis, the French king, with whom we are now at open war, giving an ac count of the strength of our fleets and armies that
were then preparing in Great Britain ; and inviting the said Lewis, the French king, his subjects and vassals, to invade these realms, and to make a most bloody slaughter on his majesty's subjects. "
To this indictment he pleaded Not guilty, object ing to eleven of the jury before they came to be sworn; and, having finished his challenges, a special
was summoned, composed of twelve gentle
jury
george ii. ]
men of great property in the county of Middlesex. The counsel for the crown opened the indictment,
by setting forth that " the prisoner at the bar, though a subject of this realm, and living under the protection of its laws, had for a considerable time past held a treasonable correspondence with the enemies of our gracious Sovereign Lord the King, and stood accused of other high crimes and misdemeanors. They fur ther set forth, that the prisoner had solicited for a pension from the French ministers, in order, as far as lay in his power, to betray the secrets of our Sovereign Lord the King; and give such intelligence to his said enemies of the destination of his majesty's fleets, and number of ships they were composed of, and by whom commanded ; as also of the number of troops in Great Britain, and the English colonies
abroad, whereby any design to annoy the enemies of these kingdoms might be frustrated, his majesty's territories invaded, and even his sacred life endan gered ; as it is reasonable to conclude, from his known valor and love for his subjects, he would head his own troops in so perilous and critical a situation. That, as to the crime for which he stood indicted, it was
REMARKABLE PERSONS. 23
as much more fatal in its consequences e2
than an act
24 MEMOIRS OF [aEORCE u
of open rebellion, as the power of a whole nation was superior to that of a single person. "
The counsel then proceeded to shew, that notice having been received by the government of such treasonable correspondence, messengers were sent to
the prisoner, who found in his bureau copies of twenty-nine letters of intelligence, which he sent to France; some being of the most dangerous tendency, not only giving advice of our fleets and armies, their destination, but also advising a descent on this island, in order effectually to prevent our successes abroad.
The witnesses were then examined : —
The servant-maid at Mr. Blount's, and another witness, (his washerwoman,) proved that he lodged in a room up one-pair of stairs at Mr. Blount's, and that the bureau, in which the letters were found by the messengers, was in the prisoner's said room.
The prisoner's counsel remarked, in regard to this evidence, " That as the house was a common lodging- house, and at that time full, those papers and letters might have been put in by some other person, Mrs. Blount, the landlady, having a key to the same. " But this objection was soon set aside, by its being proved
apprehend
REMARKABLE PERSONS. 25
that the key Mrs. Blount, the landlady, had in her
possession, could not open the upper part of the bureau where these papers were ; but only the drawers of the under part of the bureau, where the doctor's linen was.
The identity of the hand-writing was the principal point to be proved, which was done by several cre dible witnesses ; namely, Mr. Mendez, on whom he had various bills of exchange ; Dr. Wilbraham, of Westminster, and several apothecaries, who had received prescriptions from the doctor, for patients under his care, which they had kept on their files.
A point of law was argued by the prisoner's coun sel, concerning a flaw in the indictment; as they asserted all the letters read in court were written in London, and intercepted at the general post-office, in Lombard-street ; and that, therefore, the indict ment could not be laid in Middlesex; but it ap peared one of these letters was dated at Twickenham, and the court in consequence over-ruled this opposi
tion. Various points of law being now started by the counsel for the prisoner, to oppose the proof of the overt-act of high-treason, they endeavoured to in sinuate, that holding a correspondence with the king's enemies was not in itself high-treason ; and that
geobge ii. ]
MEMOIRS OF
[GEORGE II.
if it were, as he had not actually corresponded with them but in Holland, Germany, and Switzerland, which were not parts of the dominions of the French king, hecould not be found guilty of the crime for which he was indicted. But the sophistry of these argu ments was easily combated by the counsel for the crown, who made it plainly appear, that these letters were not written to those persons to whom the out side superscription was addressed, but directed to
them to be forwarded to Paris ; that the correspon dence itself did not only render him guilty of treason, but also the nature of the correspondence, by which he adhered to assist the king's enemies.
Lord Mansfield made a very candid and judicious recapitulation of the various points upon which the evidence turned, remarking, at the same time, that though clemency was one of the most god-like at tributes of humanity, it was necessary the gentle men of the jury should consider the heinousness of the crime, and the credibility of the witnesses, and then let their consciences give the verdict.
Dr. Hensey had hitherto supported himself with courage ; but, during the absence of the jury, which was about three-quarters of an hour, he trembled ex cessively, and repeatedly changed colour, while large
REMARKABLE PERSONS. 27
drops of perspiration ran down his face ; and the agitation of his mind was so great that he burst into tears. On the return of the jury, he had scarcely strength to hold up his hand at the bar. A verdict of Guilty being pronounced, a rule of court was made for his being brought up to receive sentence on the Wednesday following.
While Lord Mansfield was pronouncing sentence, on the appointed day, the convict shed tears, turned pale, and trembled exceedingly ; and, after sentence, he begged a fortnight to make proper preparation for his death ; but the court generously granted him a month.
Early on the morning on which he was to have been executed, a respite was received, and afterwards a reprieve during the king's pleasure. He continued after this above three years in Newgate; and then embarked for France, on obtaining a free pardon. It was presumed, that the political reason for respit ing Dr. Hensey, arose from a view to discover his accomplices, if he had any ; but as no such discovery was ever made, it is but reasonable to suppose that the favor shewn him arose from a different cause.
At the time Hensey was apprehended, his bro ther was secretary and chaplain to the Spanish
george ii. ]
28 B1EM0IRS OF [GEORGE II.
ambassador at the Hague. To this brother he wrote an account of his misfortunes ; in consequence of which, the Spanish ambassador at London was ap plied to, by the gentleman in a similar office at the Hague ; and such representations were made to the English ministry, that the reprieve above-mentioned followed ; though King George the Second could not be prevailed on to grant him a free pardon. It was only after the accession of his late gracious majesty George the Third, that Dr. Hensey obtained his full pardon, when, on giving the usual security for his good behaviour, he was discharged.
KITCHEA\TKR, ( Beadle of Saffron Hill. HaUon Garden, X- Ely Kents. l
WI L. L1I AM
REMARKABLE PERSONS. 29
This conceited coxcomb had the vanity to cause his effigy to be engraved and handed down to poste rity, recording that " William Kitchener enjoyed the very important office of beadle, for the liberty of Saffron-hill, Hatton-garden, and Ely-rents, all in the parish of St. Andrew's, Holborn. " Mr. Kitchener had the singular generosity at the festive season of Christ mas to pay his personal respects to every housekeeper within his diocese or liberty ; and on receiving the cus tomary tribute of the ordinary fees on the occasion, would present them with a copy of his likeness, with the following complimentary lines : —
" My worthy masters of this liberty,
To your good ladies and posterity
A merry Christmas, plenty and good cheer, Health, wealth, prosperity, and a happy year. "
It is probable he united with his office of beadle, that of bellman to the parish ; and was no way dis posed to drop the customary mode of composing
VOL. IV. F
george ii. ]
. 30 MEMOIRS OF [seorge n.
annual poetry, which, from its elegant style and metre, was doubtless the offspring of his own pro lific brain. William Kitchener flourished his beadle's staff about the beginning of the reign of George the Second. He is represented in the print, with his staff in one hand and his wish in the other, importing
God bless my masters And their wives,
From all disasters Shield their lives.
SIMON LORD
LOVAT, (Beheaded 1141. 1
oeorge ii. ]
REMARKABLE PERSONS. 31
LORD LOVAT.
Lord Lovat was a nobleman of uncommon abi lities, and refined education ; but the whole of his conduct through life was of that unaccountable na ture that distinguished him from every other person of his time : among many other glaring faults, insin
and want of principle, were the particular marks of his character.
Having addressed the heiress of Lovat in 1693, a marriage might have ensued, but that the lady was engaged to Lord Saltoun's son. On this Lovat took some of his dependants to the house of that nobleman, and having caused a gibbet to be erected, swore he would hang the father and son unless all pretensions to the young lady were resigned. This was com plied with through terror, and even the contract of marriage given up. The next object was to seize the young lady's person ; but was disappointed, by her
mother, a widow lady, having effectually secreted her. f2
cerity,
32 MEMOIRS OF
[george n.
Foiled in his purpose, he resolved upon revenge, and going to the house of the mother, with a clergyman, and attended by several armed ruffians, he compelled the old lady to marry one of the persons that accom panied him. Such being done, he cut off her stays, and obliged her to go to bed ; while he, with his asso ciates, waited till the consummation of this forced marriage.
For this infamous transaction, Lovat was tried, as an accessary to the rape, and was capitally convicted ; but received a pardon from the lenity of King William the Third. In 1698 he went to France, and turned papist, by which he acquired the good opinion of
King James the Second, who employed him to raise recruits in Scotland ; but he revealed the substance of his commission to the British ministry; which cir cumstance being discovered by some Scotch catholics, an account of it was transmitted to France ; so that, on his next visit to that country, in the year 1702, he was lodged in the Bastile, where he continued some
years ; when at length obtaining his liberty, he went to St. Omer's, where he entered into the order of
Jesuits.
Returning to Scotland on the demise of Queen
Anne, he succeeded to the title of Lovat, to which a
REMARKABLE PERSONS. 33
fortune was annexed ; but, in the following year, when the Pretender landed in Scotland, he for a while abetted his cause ; when, on finding his interest decline, he raised a regiment in opposition to him. This latter part of his conduct coming to the know ledge of King George the First, Lovat was sent for
to court, where he was highly caressed.
At the time he was supporting the rebellion of
1745 with men and money, the Lord President Forbes wrote to him, and conjured him, in the most earnest way, to take a decisive and vigorous part in behalf of government ; and Lovat answered him in such a manner, as seemed to assent to all he urged ; though, at this very time, the men he had sent to assist the rebels were commanded by his own son. He was apprehended in his own house, some days after the
battle of Culloden, by a party of dragoons : but, being so infirm that he could not walk, he was carried in a horse-litter to Inverness, whence he was sent in a landau to Edinburgh, under the escort of the same party. Having been lodged one night in the castle, he was conveyed to London, and committed to the Tower, only two days before Kilmarnock and Balmerino suffered the dreadful sentence of the law. Several of the witnesses, whose presence was judged
george ii. ]
good
34 MEMOIRS OF [george n.
necessary on the trial of Lord Lovat, residing in the north of Scotland, it was thought proper to postpone it till the commencement of the following year; and he was accordingly brought to his trial before the house of peers in Westminster-hall,
on the 9th of March, 1747, Lord Chancellor Hardwick presiding
on the solemn occasion.
On the first day of the trial, Lord Lovat objected
to a witness, because he was his tenant ; but his com petency to give his deposition being allowed, after a
long argument, he deposed that his lordship had been active in raising supplies for the Pretender, who had made a descent on the kingdom in consequence of his advice. This was the substance of the first day's pro ceedings ; and a great part of the second was spent in debates respecting the admissibility of Mr. Murray, who had been secretary to the Pretender, as an evi dence. It was urged that his evidence could not be allowed, as he stood attainted ; but the attorney-general
having read the record of the attainder, and produced the king's pardon, all further objections fell to the
ground. On the following day, Mr. Murray was examined, and proved that Lord Lovat had assisted the rebels with men and money ; and that he had commissioned two of his sons to cause his tenants to
REMARKABLE PERSONS. 35
take arms in behalf of the Pretender. Lord Lovat's servants proved that the Pretender had been assisted with money by his lordship; and, on the fourth day, several gentlemen from the Highlands gave their tes timony to the same purpose.
The evidence for the crown being summed up on the fifth day, Lord Lovat was acquainted by the lord- high-steward that he must prepare for his defence ; and accordingly, on the sixth day, his lordship insisted that the parties who had given evidence against him were his enemies, and that they had been induced to
give their testimony by threats of subornation ; and he endeavoured to support his allegations by the de positions of two Highlanders ; but what they said had little influence against the concurrent testimony of the other witnesses. The peers, being assembled in parliament on the seventh day, determined on their verdict ; and, having returned to Westminster-hall, the culprit was informed by the lord-high-steward, that he had been found guilty by his peers. To this Lovat said, that he had been ill-treated while under
misfortunes ; and this he declared with so much acri mony, that the high-steward reproved him for the indecency of his behaviour, and then passed the sen tence of the law.
george ii. ]
36 MEMOIRS OF [george n.
After conviction, Lord Lovat behaved with uncom mon cheerfulness, appearing by no means intimidated at the fate that awaited him : his friends advising him to apply for the royal mercy, he declined saying, that the remnant of his life was not worth asking for. He was always cheerful in company entertained his friends with stories, and applied many passages of the Greek and Roman histories to his own case. On the arrival of the warrant for his execution, Lord Lovat read and pressing the gentleman who brought to drink bottle of wine with him, entertained him with such number of stories as astonished the visitor, that his lordship should have such spirits on so solemn an occasion. The major of the Tower inquiring after his health one morning, he said, " am well, Sir; am preparing myself for place where hardly any majors go, and but few lieutenant-generals. " Having procured pillow to be placed at the foot of his bed, he frequently kneeled on to try how he should act his part at the fatal block and, after some practice, thought himself sufficiently perfect to behave with propriety. Waking about two in the morning on the day before his death, he prayed devoutly for some time, and then slept till near seven, when he was dressed by the assistance of the warder. This day
;
it,
a
a
I
;
I
it
a
a it,
it,
george ii. ] REMARKABLE PERSONS. 37
he spent with his friends, conversing cheerfully both on public and private affairs. He was even jocose in a high degree, and told the barber who shaved him to be cautious not to cut his throat, which might baulk many persons of the expected sight on the following day. Having eaten a hearty supper, he desired some veal to be roasted, that he might have some of it minced for his breakfast, being a dish of which
he was extremely fond : he then smoked a pipe, and retired to rest.
Waking about three in the morning, he employed some time in devotion ; and then reposing himself till five o'clock, he arose, and drank a glass of wine and water, as he was accustomed to do every morning. He then employed himself about two hours in reading, which he could do without spectacles, notwithstand ing his advanced age, for he had lived a life of temper ance, and his eye-sight was uncommonly good. He now conversed in the customary manner, exhibiting no sign of apprehension ; and at eight o'clock sent his wig to the barber : he also desired the warder to pur
chase a purse, to receive the money that he intended for the executioner ; and he particularly desired that it might be a good one, lest the man should refuse it. The warder bringing two purses, his lordship took one,
VOL. IV. G
38 MEMOIRS OF [george ii.
which though he did not entirely approve of, he said few persons would refuse with ten guineas for its contents.
Having called for his breakfast of minced veal, he ate heartily of and drank some wine and water, to the health of his surrounding friends. The coffin, with his name and age, and decorated with ornaments proper to his rank, being placed on the scaffold, Mr. Sheriff Alsop went to the gate of the Tower at eleven o'clock, to demand the body. This intelligence being conveyed to Lord Lovat, he requested few
minutes for his private devotions which being ac ceded to, he returned cheerfully, and said, " Gentle men, am ready and having descended one pair- of-stairs, General Williamson requested him to repose himself few minutes in his apartment. Complying
with this invitation, he staid about five minutes, be haved with the utmost politeness to the company, and having drank glass of wine, got into the governor's coach, which conveyed him to the gate of the Tower, where he was received by the sheriffs. Being con ducted to house near the scaffold, he told the sheriff " he might give the word of command when he pleased for (added he) have been long in the army, and know what to obey. " Having drank some
it is
;"
;
a
I a
I
a
it,
;
a
ceorge ii. ] REMARKABLE PERSONS. 39
head.
Observing a friend on the scaffold who appeared
very desponding, he put his hand on his shoulder, and said, " Cheer up thy heart, man; I am not afraid, and why should'st thou ? if you do not, and I am able to rise again, I shall be much displeased with you. " He now sat down on a chair, and having
some sentimental lines from the classic authors, he stripped himself, and laid his head on the block. After a few minutes spent in devotion, he dropped his handkerchief, on which his head was cut off ; and being received in a cloth of red baize,
was put into the coffin with the body, and conveyed to the Tower in a hearse.
Immense crowds of spectators were on scaffolds on Tower-hill, to behold the final exit of this extraor dinary man, but some of them suffered for their curio sity ; for, before he was brought out of the Tower, one of the scaffolds broke down, by which several
persons were killed on the spot, and a great number had their bones broken, and were otherwise terribly
g2
and bitters, he ascended the scaffold,
burnt-brandy
and taking a survey of the surrounding multitude, ex pressed his astonishment that such numbers could assemble to witness the decollation of so ancient a
repeated
40 MEMOIRS OF [ceorce ii.
bruised, to the distress of many families, and the total ruin of others. Thus was this man, whose life had been a scene of tyranny, and perfidious duplicity, the occasion of injuring many others, almost in the
moment of his death.
Lord Lovat was beheaded on the 9th of April, 1747.
Beside his legitimate children, his lordship left a son, Col. Frazer, of whom there is a portrait, engraved by Worlidge.
CAT5 T : JAME S L. OWRY.
REMARKABLE PERSONS. 41
Captato afatwjs ftoforst
Captain Lowry appears to have been one of the many who might have passed quietly through life, but, from becoming slaves to the intemperance of
violent passions, too frequently precipitate themselves in consequences, equally, if not more calamitous, in tendency, than to the innocent victims of their cul pability.
He was indicted at the sessions of the high-court of Admiralty, held in the Old Bailey, February 18, 1752, for the murder of Kenith Hossack, mariner.
It appeared, from the evidence of James Gatherah, chief-mate, that, on the 28th of October, 1750, he set sail from Jamaica in the Molly, a merchant-ship, commanded by the prisoner, with fourteen men on board; that, on the 24th of December following, between four and five in the afternoon, he came upon deck, and saw the deceased, Kenith Hossack, seized, or tied up, one arm to the halliards, and the other to
the main shrouds, and the prisoner beating him with a rope about an inch and a half thick, called a crot
george ii. ]
MEMOIRS OF [OEORQB II.
ched brace ; that he went forward with his business, and returned about five, when the deceased, to relieve the operations of nature, begged he would let him down ; the Captain being then below, the witness went to him, and obtained permission, but withal, orders that he should be almost immediately seized up again. When the deceased was let down, he was not able to stand, but lay and crawled upon deck, of which he informed the captain, who said, " D n
the rascal, he shams Abraham" so seize him up again ; and consequently he was tied up a second time, though not so fast as before, which the captain observing, ordered him to be seized, with his arms extended to the full stretch. The prisoner then took the rope and doubled and, with the bite or double of the rope, beat him on the back, breast, shoulders, head, face, and temples, for nearly half-an-hour,
walking about during intervals to take breath. It was near six o'clock, when the captain, observing that the
deceased appeared motionless, ordered him to be cut down, and called to witness, and said, " am afraid Kenny (for so the deceased was called by the ship's
placed
dead;" when he replied, "/am sorry for hope not. " Witness then went to the deceased to
crew)
feel his pulse, but could find none he also
;
I
is
I it,
it,
george ii. ]
his hand to his brJeast, and not discovering any pulsa
REMARKABLE PERSONS. 43
tion, observed, 14
on this the prisoner struck the deceased slightly on the face, and cried, " D n him, he is only shamming Abraham now. " A sail was then brought, and the deceased was carried in it down to the steerage, where the captain whetted a pen-knife, and the witness opened a vein, but there was no issue of blood. The deceased, prior to this, was gradually recovering from the effects of a tedious and severe fever, and though not capable of going aloft, yet he
could do many things about the vessel.
On being asked if there had been any quarrel or
dispute between him and the prisoner, before or since the death of Hossack ? answered, there had been fre quent disputes, for the captain had treated him, and every person on-board, in a very cruel and tyrannical manner during the whole voyage.
In answer to the question, whether the prisoner did not use the men with great humanity and ten derness ?
he replied, " that his conduct to the whole crew, excepting James Smart, was invariably most inhuman and despotic;" and, in corroboration, he mentioned several instances of his barbarity.
Lowry here complained to the Court, that he was
am
afraid he is dead, indeed! "
44 MEMOIRS OP
[GEORGE II.
not confined till several days after the death of Hos- sack ; and that Gatherah, who was at the head of the conspiracy, seized the ship, altered her course, and carried her to Lisbon, where they were all appre hended, and sent home by the English consul for piracy ; and that the crew had sworn this murder, to
prevent him punishing the witness and the rest for mutiny.
The Court demanded of Gatherah the reason (the murder being committed on the 24th of December,) he did not confine the prisoner until the 29th. He observed, that after the death of Hossack, the men
on-board were very uneasy about the murder, and were for confining the captain ; but he (the witness) represented to them, that, as the ship was very leaky, so as to require two pumps to be kept going night and day, and the men sickly, they could not spare one hand that was able to work ; that the captain, so long as he was on-board the ship, was perfectly se
cure ; and that the fate of Hossack would, no doubt, influence him to treat them better during the re mainder of their voyage; and that they could, on their arrival in England, bring him to that punish ment he merited. To this proposal they all agreed ; but instead of the prisoner's behaving better, in two
REMARKABLE PERSONS. 45
or three days he went on as before, having broke the finger of one man, and bit another man's so dread fully, that he was advised by the witness to let him cut it off. At another time, he fractured the skull of one man with his great cane ; another he beat very severely on the side, and, if he had disabled one man more, in all probability the whole must have perished. On this they resolved to deprive him of his command, and confine him, but so that he had the use of his cabin, and might come on the quarter-deck whenever he pleased. He had a light in his cabin, that he might know at any time what course was steered. The log-book was shown to him every day as soon as it was made up. Such was the leaky condition of the vessel, and the despair of the men, that expecting she must go down before the rising of the morrow's sun, and that a watery grave awaited them, they abandoned the
pumps, resigned themselves to the Divine will, and took an affectionate farewell of each other.
By the witness's persuasions they were induced to take to the pumps again ; and, with the prisoner's advice, they made for Lisbon, where they arrived on the 13th or 14th of January. On reaching the rock of Lisbon, they hoisted a signal for a pilot, and a fishing-boat came with one ; yet, as they had no
VOL. IV. H
george ii. ]
46 MEMOIRS OF [george u.
product, they were not allowed to come in, but compelled to anchor where they were. By this pilot the captain sent a letter to the British consul, with a complaint against the ship's company, and they were presently put under arrest ; soon after which, the consul came on-board, examined them, and re-instated the prisoner again in his ship, when
the witness, with the rest of the crew, was put on board a man-of-war, and sent home to England.
This witness further said, that in his examination before the consul, he had given the same account of the murder as he had now done ; and when on board the man-of-war, they were not treated as pri soners, but worked in the ship during the passage,
in the same manner as the ship's company did. On their arrival in England, they were put into the cus tody of the marshal of the Admiralty, not as close prisoners, but allowed to go and return as they
pleased, without a keeper : and that they looked on themselves, in their confinement, not as under an accusation of mutiny and piracy, but as witnesses against the prisoner.
Captain Lowry here desired that the log-book of the 29th of December might be read, to show they were guilty of mutiny and piracy, when it appeared :
REMARKABLE PERSONS. 47
" December 29. Unanimously agreed to confine the captain, and make the first port. "
The prisoner then demanded of the witness, if he did not see Roberts, the second mate, beating him ; and if he did not part them ? The witness answered, he certainly saw the prisoner and Roberts engaged, and that he took the prisoner off him as they were down together; but this was after the prisoner was deprived of his command, and that he had committed the aggression by knocking Roberts down. As to
the prisoner's charge that Roberts sold rum to the
people, whereby they got drunk and neglected their duty, the witness knew nothing of, and indeed they could not well get drunk, for the prisoner would not
allow them what was their due.
Several of the crew gave their evidence, all in
support of that given by Gatherah ; and among them James Smart, a foremast-man, who, being questioned by the prisoner, whether he was not always tender of his men, when they were sick ? answered, that to him indeed he was very kind ; but used him bad enough when he was well, as he did every one on-board the ship. . . r.
Being asked by the Court, whether he thought the usage the deceased received from the prisoner was
georqe ii. ]
48
MEMOIRS OF
[george u.
the cause of his death ? answered, as they all had
done, he did believe it was, and would have killed
him had he been in health and strength, or the stoutest man living.
Captain Lowry, in his defence, attributed charge against him to proceed from a conspiracy among his crew, and observed, he had not been long at sea before he discovered he had got a set of the most wicked, drunken, idle fellows, that ever came into a ship, of which he informed Captain Dalton
of the Nancy, who left Jamaica in his company ; but who did not appear at his trial. He said, he had
no witnesses to call,
would be sufficient to support what he had said in his defence, as the witnesses, who had sworn against him, had sworn with halters about their necks, in order to screen themselves from their wicked acts of mutiny and piracy, well knowing, that if he es
caped, they must be hanged. He then proceeded to call several gentlemen in testimony of his character, some of whom were tradesmen, others who had sailed with him, and many who had known him for several
years, all which gave him the character of a good- natured humane man.
Mr. Stone, the Marshal of the Admiralty, was then
the
but thought the
log-book
george ii. ] REMARKABLE PERSONS. 49
called upon, and deposed, that, on the 7th of March last, he received a warrant from the Lords of the Admiralty to apprehend the prisoner. Upon in quiry he found the ship was not come home : that when he received intelligence of her being in the river, he went thither, and was informed the prisoner had quitted the ship on coming into the Downs, and had gone to London by land. He made diligent inquiry after him, but so ineffectually, that upon re
ceiving a reprimand from the Lords of the Admiralty,
they thinking he had neglected
to take him, he ad reward for his apprehension,
vertised ten guineas
which was paid to the person that discovered him.
The judge having summed up the evidence, the jury withdrew, and, in about half-an-hour, returned
with a verdict, guilty, death.
He was executed pursuant to his sentence, and
hung in chains, by the river's side.
50 MEMOIRS OF
[george n.
This young Scotchman was nearly related, if not brother, to the celebrated Flora Macdonald, who made herself so conspicuous by her attachment to, and following the fortunes of, the second Pretender, in the year 1745. The rebellion was greatly accele
rated in Scotland, by the severity with which govern ment treated the Highland regiment that deserted from Highgate, under an impression, that after having been the instruments in disarming their northern brethren, their services were to be rewarded by being disbanded and draughted into different regiments, far removed from their native country. Four of these unfortunate men were shot in the Tower of London, as an example ; and several others under went a less severe punishment. The Scotch nation felt bitterly the affront put on and induced many, who otherwise would at least have remained neuter, to flock round the young Pretender and among many others was Ranald Macdonald, the whole of whose known personal history comprised in
is
it, ;
RANALD MJDONAND.
geobge ii. ] REMARKABLE PERSONS. 51
the inscription under his portrait, drawn and en graved by a Scotch artist, named Robertson. It
informs us :—
•
" That Ranald Macdonald, of Bellinfag, in Ben-
bicula, at the age of eighteen, being grievously
wounded and stripped in the battle of Culloden, remained about two-and-twenty hours in the open air; but at length safely escaped by the humanity
(then a very rare quality,) of a person named James Hamilton, an Irishman, and lieutenant of the Chol- mondeley Legion, having, in the mean time (I shud der at the mention of seen his wounded fellow- soldiers murdered in cold blood, and most wretch edly butchered on all sides, so that the earth was defiled with the slaughter. Monstrous and horrible
atrocity "
The above inscription in Latin, and curious,
from the peculiar circumstances of many of the words being contracted, and these contractions being
represented by figures, in order (perhaps) to give partial concealment of their obvious meaning, inas much as so freely speaks of the butcheries which were practised after the battle of Culloden.
The wanton and savage treatment of the unfor
it
!
a
is
is
it)
52 MEMOIRS OF [george ii.
tunate wounded rebels in this battle, created a heavy odium and reflection on the person and character of the old Duke of Cumberland, who had the chief command ; and, to the present day, in Scotland he is stigmatized by the appellation of biLly the
BUTCHER.
The family of Macdonald to a man was in the
interest of the Pretender ; Ranald Macdonald joined him soon after he came to Scotland, and received a captain's commission. He was educated by an uncle, who told him he would tarnish the glory of his ancestors, who had been warmly attached to the cause, if he failed to act with courage. Macdonald was ever foremost where danger presented itself; he was particularly distinguished at the battle of Preston-pans, and joined with Lord Nairn, in taking possession of Perth ; services that greatly recom
mended him to the Pretender.
Macdonald was exceedingly assiduous to learn the art of war, and made himself of so much con sequence as to be intrusted with the command of two thousand men. The Duke of Perth having ordered two men, who refused to enlist, to be shot, Mac donald complained to his uncle, who had likewise
george
REMARKABLE PERSONS. 53
a command in the rebel army, of the injustice of this proceeding; but the uncle ordered the nephew into custody, and told him that he should be shot on the following day ; and actually informed the Pretender of what had passed. Macdonald, however, was only reprimanded, and dismissed, on promise of more cautious behaviour in future. He proceeded with the rebels as far as Derby ; but, when they returned to Carlisle, he was taken into custody, and sent with other prisoners to London, in order to
take his trial.
After his commitment to prison, he frequently
wished that he had been shot. Being advised to repent, he said it would be fruitless, and he should like still to hear a tune on the sweet bag-pipes, that used to play before the army. He often told the keepers of the prison, that, " If they would knock off his fetters, and give him a pair of bag-pipes, he would treat them with a Highland dance. "
He said he thought the Pretender's service honorable, when he first engaged in which he would never have done, had he been aware that he was so ill provided for the expedition. He likewise expressed the utmost resentment against the French king, for not sending them assistance.
VOL. IV.
very
I
it,
54 MEMOIRS OF [george ii.
Being brought to trial, with two others, they were found guilty, and executed on Kennington-common, the 22d of August, 1746.
The portrait of Ranald Macdonald, which is very uncommon, is in the collection of John Goodford, Esq. , of Yeovil, Somersetshire. .
9
george i! . ]
REMARKABLE PERSONS. 55
Sarah Malcolm was of honest and respectable parentage, in the county of Durham. Her father had an estate (according to her account,) of about 100/. a
year, but her mother, being an Irishwoman, prevailed on her husband to visit Dublin, where he settled, and purchased a public place in that city, with the remnant of money he had saved from the sale of his estate ; Sarah, being an only child, received a good educa tion in reading, writing, and such other learning
proper for a female above the lower order. She lived with her father and mother almost to woman's estate, and was noticed for her sprightly temper. Her parents, however, having some affairs which brought them to London, were accompanied by their daughter, who, some time after, went to service, and lived in several good families, performing her duty to the
satisfaction of her employers. Her father, inconse quence of his business, returned to Dublin, and took his wife with him, where they both shortly after died.
I2
56 MEMOIRS OF [george ii.
Sarah was now left to her own discretion, when form ing some acquaintance, she obtained a situation as one of the laundresses, or char-women, of the Temple, where she attended some gentlemen for a considerable time. Before this, she was in a situation at a place called the Black Horse alehouse, where she became known to Mrs. Tracey, and likewise to the two bro thers, Thomas and James Alexander.
Among other persons Sarah Malcolm occasionally did char-work for, was Mrs. Lydia Duncomb, a widow
lady, about eighty years of age, who had lived forty years in chambers, four pair of stairs high, in the Inner Temple ; she had one maid, Elizabeth Harrison, who had been with her many years, and was grown old in her service, for she was about sixty, and very infirm : but though she was now past labour, the good lady, (who was bed-rid herself,) still retained her, in regard for her former faithful services, and hired others to do her work, which sometimes occasioned the service of Sarah Malcolm. About three months previous to the unfortunate catastrophe, Mrs. Duncomb had hired Anne Price, who was nearly seventeen years of age, to be a constant servant. Mrs. Duncomb had a mid dling fortune left her by her husband, and lived con tented in peace with her two servants, until February
REMARKABLE PERSONS. 57
1733, when they were all found murdered. The maid-servant, Ann Price, was supposed to have been murdered first, having her throat cut from ear to ear
but by her cap being off, and her hair much entangled, was thought she had struggled hard with her mur
derer. It was conjectured her companion was strangled though there were two or three wounds in her throat, that appeared as they had been given by
nail. Mrs. Duncomb was probably smothered, and killed last, as she was found lying across the bed, with gown on the other two were in bed. A trunk in
the room was broke open and rifled.
This barbarous fact remained undiscovered till
Sunday noon, when Mrs. Love, who used to visit Mrs. Duncomb, came to dine with her. She found the door shut, and having no answer when she knocked, she concluded that the old maid was sick,
and that the young one was sent out on an errand. After waiting considerable time for her return, but to no purpose, she went down to Mrs. Rhymer,
friend of Mrs. Duncomb's, living likewise in the Temple,) and acquainted her with the circumstance, who came back with her to the door, but could gain no entrance. They began to think some misfortune
george ii. ]
a aa it ;
4>,
a
;
if
;
68 MEMOIRS OF [george ii.
had happened ; and meeting Ann Oliphant, a laun dress, (whose master's chambers were opposite to Mrs. Duncomb's,) they persuaded her to get out of her master's garret-window, and so into Mrs. Dun- comb's chambers. She did so, and opened the door to Mrs. Duncomb's friends, when, on entering, they discovered the bodies as already described.
About twelve o'clock the same night, Mr. Kerrel coming home, found Sarah Malcolm, who was his laundress, in his chambers ; he was surprised at seeing her there at such an hour. He had heard of these murders, and that she had formerly chared for Mrs. Duncomb, whereupon he asked her if any person had been taken up on suspicion ? She said, No. He told her, it was suspected the fact must have been done by somebody that was acquainted with the deceased ; and, as he had heard that she had formerly attended there, she should continue no longer in his service, and therefore desired her to prepare for quit ting him. Upon examining, he missed some of his clothes, when she confessed having pawned them. This made him more uneasy, and he resolved she
should stay no longer: upon which she went down stairs. His suspicion caused him to search further,
REMARKABLE PERSONS. 59
and in the close-stool he found some linen, and a silver tankard, with the handle bloody. Looking under his bed, he found a shift and an apron all besmeared with blood. These discoveries gave him an extraordinary concern ; he called the watch, and sent them after her:
who found her sitting between two watchmen near the Inner Temple gate. When brought back to Mr. Kerrel's chambers, he shewed her the tankard and the linen, bloody as they were, and asked her if they were her's ? She said, yes, and that the tankard was left her by her mother. The officers of the Temple carried
her to the constable, by whom she was taken before Alderman Brocas, and committed to Newgate. On her trial, which took place February 23, 1733, Roger Johnson, one of the officers of Newgate, deposed, the
prisoner was brought there on the 5th instant ; that he had some knowledge of her before, as she used to come there to see one Johnson, an Irishman, who was convicted for stealing a Scotchman's pack. On seeing a room in which the debtors were, she asked if
she might not be in that room ; and being told it would cost her a guinea, and that she did not look like one that could pay so much ; she said, if it were two or three guineas she could send for a friend that would raise the money. In consequence, suspecting she
george ii. ]
GO MEMOIRS OF [george ir.
had money secreted, he began to search her, when,
under her cap, concealed in her hair, he found a bag of
money, consisting of twenty moidores, eighteen gui neas, five broad-pieces, a half-broad piece, five crowns, and two or three shillings, all of which she confessed to have taken from Madam Duncomb; but denied any participation in the murders. This testimony was corroborated by Mr. Alstone, who was placed in a dark place to note her conversation with the witness. Her examination and confession, taken on oath, Fe bruary 6, before Sir Richard Brocas, Knt. was then read: who on oath saith, "That on Sunday morning last, about two o'clock, she, this examinant, was con cerned with Thomas and James Alexander, brothers, and Mary Tracey, who murdered Elizabeth Harrison, Lydia Duncomb, and another person, whose name she, this examinant, does not at present know, on or about the time last-mentioned, in the Temple, in this city, which was done in the manner following : — that she, this examinant, had several conferences with the aforesaid persons, concerning the robbing of Mrs. Duncomb ; and that about ten o'clock, on Saturday night last, James Alexander got into Mrs. Duncomb's chambers, and concealed himself under a bed till about two o'clock, when he opened her
REMARKABLE PERSONS.
chamber-door, and let the said Mary Tracey and Thomas Alexander into the said chambers; and, that she, this examinant, stood on the stairs as a watch, whilst they committed the said murders, and at the same time stole from out of the said chambers about 300/. in money, a silver pint-tankard, and a spoon, with divers other goods to a great value ; which said money and goods were by the above said persons brought down to her, and then distributed in equal portions amongst them, between four and five o'clock on Sunday morning last past. "
The prisoner, in defence, admitted she was accessary to the robbery, but was innocent of the murder; and gave the following particulars: "That she lived with
Mrs. Duncomb about three months before she was murdered, and that the robbery was contrived by Mary Tracey, then in confinement, and herself, from her own vicious inclinations. Mrs. Tracey coming to her master, Mr. Kerrel, on the Sunday before the murder was committed, and he not being at home, they talked about robbing Mrs. Duncomb, when Sarah objecting to do it herself, the other proposed the two Alexanders to help them ; and, in consequence, they all met the Friday following in Cheapside,
when they agreed, on the next night, to put their VOL. IV. K
george ii. ]
62 MEMOIRS OF [ceorge ii.
scheme into execution. Next day, being Saturday, Sarah went between seven and eight in the evening to see Mrs. Duncomb's maid, Elizabeth Harrison, who was very bad, and staid but a short time, having appointed to meet Tracey and the two Alexanders at ten o'clock; who, coming to the time, were impatient
to go about it then. " Sarah proceeds, " I told them I would go and see, and so I went up-stairs, and they followed : I met the young maid on the stairs with a blue mug ; she was going for some milk to make
a sack-posset, and asked me who those were that
I told her they were people going to
came after me ?
Mr. Knight's below. As soon as she was gone, I said to Mary Tracey, ' Now do you and Tom Alex ander go down ; I know the door is left a-jar, because the old maid is ill, and can't get up to let the young one in when she comes back. ' Upon that they went
down, and James Alexander,* by my order, went in
* A boy about seventeen years of age, living servant with a person who kept the Red-Lion ale-house at Bridewell Bridge, hearing it said, in his master's house, that Sarah Malcolm had given in an information against one Thomas and James Alexander, and Mary Tracey, said to his master, " my name is James Alexander, and I have a brother named Thomas, and my mother nursed a woman
ceorge ii. ] REMARKABLE PERSONS. 63
and concealed himself under the bed ; and, as I was going down myself, I met the young maid coming up
again. Asking me if I had spoken to Mrs. Betty, I told her, no ; though I should have told her otherwise, but that I was afraid of creating suspicion, in case of her being informed that I had not been there. I past
her, went down to Tracey and Alexander, and afterwards to my master's chambers, and stirred up the fire. I staid about a quarter of an hour, and when I came back I saw Tracey and Thomas Alex ander sitting on Mrs. Duncomb's stairs, and I sat
where Sarah Malcolm lived. " Upon this acknowledgement, the master sent to Alstone, turnkey of Newgate; and the boy being confronted with Malcolm, she immediately charged him with being concealed under Mrs. Duncomb's bed, previous to letting in Tracey
and his brother, by whom and himself the murders were committed. On this evidence he was detained ; and frankly telling where his brother and Tracey were to be found, they also were taken into custody, and brought before Sir Richard Brocas : here Malcolm persisted in her former asseverations ; but the magistrate thought her unworthy of credit, and would have discharged them ; but, being advised by some persons present to act with more caution, com mitted them all to Newgate. Their distress was somewhat alleviated by the gentlemen of the Temple society, who, fully convinced of their innocence, allowed each of them one shilling per diem during
the time of their confinement.
K2
64 MEMOIRS OF [george n.
down with them. At twelve o'clock we heard some people walking, and by-and-by Mr. Knight came home, went to his room, and shut the door. It was a very stormy night ; there was scarcely any person stirring abroad, and the watchmen kept up close, except just when they cried the hour. At two o'clock, another gentleman came and called the watch to light his candle, upon which I went further up stairs, and soon after this I heard Mrs. Duncomb's door open ; James Alexander came out, and said, ' Now is the time ! ' Then Mary Tracey and Thomas
Alexander went in, but I staid upon the stairs to watch. I had told them where Mrs. Duncomb's box stood : they came out between four and five, and one of them called tome softly, and said, 'Hip! how shall I shut the door? ' I replied, ''Tis a spring-lock ; pull it to, and it will be fast;' and so one of them did. They would have shared the money and goods upon the stairs, but I told them we had better go down ; so we went under the arch by Fig-tree Court, where
there was a lamp. I asked them how much they had
got? they said, they had found fifty guineas and some silver in the maid's purse, above 100/. in the chest of drawers, a silver-tankard, and in the box money, with several other things ; so that, they obtained to
geobgk ii. ] REMARKABLE PERSONS. 65
the value of about 300/. in money and goods. They told me they had been forced to gag the people; they gave me the tankard with its contents, and some linen for my share, and they retained a silver- spoon, a ring, and the rest of the money among them selves. They advised me to be cunning, and plant the money and goods under ground, and not be seen to be flush ; then we appointed to meet at Greenwich, but I did not go. All that I have now declared is
fact, and I have no occasion to murder three innocent persons by a false accusation ; for I know I am a con demned woman, I know I must suffer an ignominious death, which my crimes deserve, and I shall suffer willingly. I thank God that he has granted me time to repent, when I might have been snatched off in the midst of my crimes, and without having an opportunity of preparing myself for another world. "
The jury, after retiring for about a quarter of an hour, returned with a verdict of guilty.