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Public Execution

Nice find Thylacine. Certainly warms the proceedings up.

I have a slight return to The Actress and the Bishop, so to speak. I assume this pub used to be owned by Ansells and called The Last Drop and makes a claim for being where the last public hanging took place. It seems a fair way from the Blue/Chrome plaques suggestion of Great Charles St & Snow Hill...https://maps.google.co.uk/maps?f=q&...=czSLq1NuW-DtKc4SPWI9eg&cbp=12,174.14,,2,3.43

The Last drop plaque is pictured here https://www.flickr.com/photos/tim_ellis/5024069650/sizes/z/in/photostream/
 
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Murderous Birmingham is an excellent book, the writer reports that the number of hangings in Birmingham Gaol in the 20th century was 33 men and 1 woman, the total number hanged who had a close connection with Birmingham and were executed at other gallows at Warwick, Stafford and Worcester was 49 plus the one woman. Max
 
Although not public executions, having a woman hanged is certainly unusual - any idea of her story?
 
Her Name was Dorothea Waddington and was hanged in 1936.

Poor John Rogers was burnt at the stake for his religious belief in London, he was indeed a Brummie and a plaque almost opposite The Old Crown in Deritend marks his place of birth. Max
 
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John Rogers (circa 1500 – 4 February 1555) was the born at Deritend in the parish of Aston. He was the son of lorimer John Rogers and Margaret Wyatt, the daughter of a tanner with family at Erdington and Sutton Coldfield. The younger John Rogers attended the Guild School of St John the Baptist, Deritend, which is possibly the building that survives to this day as "The Old Crown" (the oldest extant secular building in Birmingham). He graduated B A from Cambridge University in 1525, and became a distinguished Bible scholar and protestant minister. On 4 February 1555 he was burned at the stake at Smithfield (London), the first protestant martyr in the reign of Queen Mary I (reigned 1516 - 1558). The pictures attached below are taken from Joseph Lemuel Chester's John Rogers: the Compiler of the First Authorised English Bible; the Pioneer of the English Reformation; and its First Martyr (London: Longman, 1861). The picture of the execution originated in John Foxe's Book of Martyrs (1563).
 
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This is very interesting. William Tyndale is really the originator of the King James version of the Bible, John Rogers was a friend of his, yet John Rogers is known as THE translator of the Bible according to Wikipaedia. Whatever the absolute truth, it is a very interesting thread. I have never heard John Rogers mentiond in church,but Tyndale I have. Interestingly, Tyndale and Rogers look almost the same.

Aidan, The Last Drop has been mentioned before in a meeting I once attended. I cannot remember what the meeting was once about, but I don't think it truth it has anything to do with the last execution, I think there is something else behind it, no matter what is claimed now. I just wish I could remember.
 
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Shortie, John Rogers was not so much a translator of the Bible (except for a small portion) as the compiler and editor of the second published English Bible (1537), after Myles Coverdale's (1535). Rogers's version was the so called "Thomas Matthew" Bible, which was largely the work of William Tyndale, who had also been convicted of heresy and burned (at Vilvoorde, Belgium, on 6 October 1536). These were dangerous times for protestants! English Bible history is quite involved (click on the link for quite a good summary).
 
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I will read that later, but find this fascinating. I thought it was the Catholics that suffered, as Protestantism was the new religion and Catholics were then considered heretics. Also burnt at Lichfield in 1558 was Joyce Lewis from Mancetter. She lived with her brother Robert Glover who was burnt at the stake at Coventry in 1555. Their house still stands at the rear of the church at Mancetter. It was once a small hotel (Mancetter Manor) where we held our silver wedding anniversary. At the time I did not know about Robert and Joyce, but soon got to know. Horrific times all told. You did not have to do much at all to be punished severely. These people were brave beyond description, I could not match their bravery no matter how hard I tried.
 
Alice Molland is thought to have been the last person to be burned for witchcraft, at Exeter in 1684.

Elizabeth Gaunt was the last woman to be burnt for high treason in the normal sense of the word. She was executed in 1685, having been convicted of involvement in the Rye House plot. She was denied strangulation and was thus burned alive.

The last woman to be burned in England was Catherine Murphy and was as late as March 1789 in London but was really was only a modified form of hanging, followed by burning. She was led from the Debtor's Door of Newgate past the nearby gallows from which 4 men, including her husband, were already hanging, to the stake. Here she mounted a small platform in front of it and an iron band was put round her body. The noose, dangling from an iron bracket projecting from the top of the stake, was tightened around her neck. When the preparations were complete, William Brunskill, the hangman, removed the platform leaving her suspended and only after 30 minutes were the faggots placed around her and lit.

Her offence was "coining". High Treason included such offences as counterfeiting money and "coining" (the clipping of coins for pieces of silver and gold which were melted down to produce counterfeit coins), possession of coining equipment and colouring base metal coins (to pass them off as of higher value). Oddly, men who committed these same crimes suffered just ordinary hanging having been first drawn to the place of execution on a hurdle.

Petty Treason was the murder by a woman of her husband or her mistress, as they were considered her superiors in law, and was also punishable by burning (the last woman burned for this offence was Mary Bailey 5 years earlier in 1784 in Winchester)
 
... I thought it was the Catholics that suffered, as Protestantism was the new religion and Catholics were then considered heretics ...

The 16th and 17th centuries in England were infamous for religious intolerance by both Catholics and Protestants. Whichever side was in power used to persecute the other side:
1535-1681: more than 300 Roman Catholics were executed for so-called treason, including Margaret Clitherow who was crushed to death on 25 March 1586 for refusing to plead (in order to protect her children from torture and disinheritance).
1553-1558: some 290 Protestants were burned at the stake for so-called heresy.​
And if you were a dissenter (e g Baptist) or a freethinker, you were in danger from both sides! Though I think the freethinkers were smart enough to keep their heads below the parapet ...
 
Mary I persecuted Protestants without mercy, and forced numerous others to go into exile, for continuing to embrace the Protestant faith. When she came to the throne as Elizabeth I, Mary's half-sister had the foresight to abandon the worst of the persecutions, although for years, even centuries, afterwards it was difficult or impossible for Catholics to reach high office.

Big Gee
 
The Martyrs of Mancetter.

In the church of St Peter at Mancetter (Warwickshire) there are early 19th century wooden plaques commemorating two local Protestants who were caught up in the persecution of Queen Mary I:

Joyce Lewis was the daughter of Thomas Curzon of Croxall (Staffordshire) and Anne Aston of Tixall. She first married Sir George Appleby who was killed in battle on 10 September 1547. Her second husband was Thomas Lewis (died 1558), Lord of part of the manor of Mancetter. Originally a devout Catholic, she later became a member of a Protestant group led by her neighbour John Glover. On 10 September 1557 she was burned at the stake in the Market Place at Lichfield. The under-sheriff took pity on her and hastened her death by adding gunpowder to the fire.

Robert Glover (born circa 1513) was the son of John Glover of Baxterley (Warwickshire). He was educated at Eton and Cambridge (B A 1538, M A 1541) and married Mary (surname unknown), the niece of Bishop Hugh Latimer. They settled at Baxterley, and were members of his older brother John Glover's Protestant group along with Joyce Lewis. On 19 September 1555 he was burned at the stake at The Hollows just outside Coventry, along with one Cornelius Bungey.

[Thanks to Shortie for alerting us to these Midlands unfortunates. Sources: Wikipedia; Oxford Dictionary of National Biography. The dates of the executions of the Mancetter Martyrs are variously stated in different internet sources. Can anyone find pictures of Lewis or Glover, or of the commemorative plaque in Mancetter church?]
 
Re: The Martyrs of Mancetter.

As my 3 x gt grandparents married at Mancestter Church and their children were all baptised there, I have been planning to go for some time. Give me a little while and I will see if I can actually manage to get to the church whilst it is open. I may go on Sunday, change of church for a service might be nice. I have a photo of Mancetter Manor in the 1950's somewhere, will look for it later. I understood from the history of the house that Joyce and Robert were brother and sister.
 
Actually, as a hotel it was not large, 9 bedrooms in all, and that included some which were outside - extra buildings built, I believe. We hired the whole place for our party, as we had 75 guests. I think I would be totally spooked if I had to be alone in the house, but I was fine with others there. When it was a hotel, you could go for a meal in Glover's Restaurant. Excellent food, but not cheap. The history of the house was available in the bar, and apparently it was only one floor originally, but the second floor must have been built by Tudor times, it was certainly extremely old.
 
Paul, it is in Mancetter, which is part of Atherstone. It is just behind the church on Harper's Lane I am sure you would be able to see it on Googlemaps.

Interestingly, although they are sort of separate places, all baptisms before 1835 (I think) were at Mancetter, then St Mary's, Atherstone was used also.

I always see it as one place, but that is because it is only five miles from where I live and I know it reasonably well.
 
Not exactly a Public Execution (though if they could have got hold of him....), but in 1793 an effigy of Tom Paine is hung and burned by a Brummie crowd singing 'God Save The King'. I am not exactly sure why - so any help appreciated - but I assume it was for his French Revolutionary activities rather than his Americanism, as he had recently published his "Rights of Man" an abstract political tract critical of monarchies and European social institutions.

It does seem an odd thing for the Brummie rent-a-crowd to get riled about, as I can't find any evidence for Thomas Paine visiting Birmingham and I don't think Birmingham has ever been particularly Monarchist since the Royalist victory at the Battle of Camp Hill on 3rd April 1643 after which they torched 80 houses in the town.

Although having said that, the Quaker meeting house was seriously damaged for not sufficiently celebrating the English victories in Canada (as part of the Annus Mirabilis celebrations of 1759) and of course it was a sensitive time as only a couple of years after the Priestly Riots.

I would be grateful for any info on why Thomas Paine inflamed our forebears please.
 
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British Republicans have always had a small voice but they came up with an alternative National Anthem at the time before it was beaten down by the herd:

‘God save great Thomas Paine
His 'Rights of Man' explain
To every soul.
He makes the blind to see
What dupes and slaves they be,
And points out liberty,
From pole to pole.
Thousands cry 'Church and King'
That well deserve to swing,
All must allow:
Birmingham blush for shame,
Manchester do the same,
Infamous is your name,
Patriots vow.’
 
Thanks Thylacine. Chris Upton's articles are always so well researched and humorous that they are great to read, I just wish he gave references. This is a commendable article giving the whole background and this detail about the public mock executions:

"In February 1793, an effigy of Paine was paraded through the streets of the town, accompanied by a “judge” and an “executioner” (dressed as chimney sweeps), and hanged on a gallows 20 feet high. Effigies of Paine, Robespierre and Joseph Priestley were likewise hanged and burnt at Stafford, and Paine was also incinerated at Worcester and Warwick. At Dudley, a crowd even deployed the whipping post – reserved for official floggings – as a makeshift gallows and hanged “Citizen Paine” in front of the Town Hall."


The following extract is referenced in several places and notes that this extraordinary outburst is not really mentioned by historians

"In hundreds of villages and towns in the winter of 1792–3 effigies of Thomas Paine were publicly and ceremonially burned. The sheer scale of the burnings, and the richness and variety of their ceremonial components together constitute the most dramatic expression of English loyalism in the 1790s. On 14 December the Chelmsford Chronicle was reporting that effigies of Paine were being burned 'in different parts of the country'. Contemporaries then began to grasp the scale of what was happening. On 21 December 1792 <The Times, Friday, Dec 21, 1792; pg. 3; Issue 2496; col B> the Times announced that 'effigies of Paine had been burnt in every principal town in the kingdom'. The provincial press was better placed than the Times to report the detail of these gruesome festivities. On 5 January 1793 the Newcastle Chronicle reported that 'Paine's effigy has been burnt, shot, hanged, and undergone the greatest marks of popular resentment in most of the towns and villages in this part of the country'. The scale of the burnings continued to fascinate contemporaries. On 19 January the Bath Herald reported: 'From every part of the surrounding country we have received accounts of the executions still committed on the effigies of Paine'. The newspapers simply could not find room to report all the burnings, apologizing that 'the limits of our paper will not allow us to give a particular detail of the various instances of disrespect to the unworthy object of general abhorrence'. In February the rate of the burnings began to slacken. By the end of March the mania for the public burning of effigies of Tom Paine had been exhausted."


I can't find any references about the Birmingham "Event" in the Newspapers of the time, just the general shock-horror of his book and of advocating memorials to Wat Tyler and Runnymede. - can anyone else please (perhaps someone with access to Aris's or local papers or other accounts of the time)? It would be great to find exactly where this happened and ideally who was involved....
 
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Hi Maiden,
On further research of Matsell hanging I have now finally got the full report
Phillip matsell was born in great yarnmouth, in 1776. Little is known about is childhood but at the age of fifteen he became an apprentice
To a surgeon in London, but having being mistreated ran away to sea at the same age,
His ship,rank ,or length of service is unknown but we do know is that he setledf in Birmingham after leaving the navvy
Mat sell and his gang of desperados started to carry out a series of robberies in and around the town,as there was no regular police
Force in Birmingham
The county and district police act proposed a proffesional force for Birmingham in1839. But it did not come into force because of legal matters
Until 1842. The only persons to admister any form of social justice were the watchmen,or peace officers
One of these peace officers Robert Twyford was a concscienious informant,
Unlike many of his contemporaries and prevented many of matsells, gang exploits from succeeding and there by they miscarried
Robert twyford was then understandably a marked man and his fate unfortunelately a marked man and his fate unfortunelately was assured
On the night of 22 and of July 1806 twyford was shot dead and the miscreant also shot a second peace officer
However the felon was never caught , twford was shot just above the navel and died shortly after the shooting
The circumstanceantial evidence pointed obvisiously to matell as being the murderer
Martell was arrestest and put to trial at Warwick Azzises the trial judge sir Giles Brooke said an example needed to be made of those
Who were intent on killing peace officiers and this was the reason for passing the death penalty,
Giles Brooke,described Martell as a man of possessed of a malicious and wicked heart , even thou Martell had an alibi
The judge wanted it to be known that the peace officers in every situation and more particucular in such towns as Birmingham
Would always receive the full protection of the law and the court was resolved to make an excample in this case being an instance
Which it most daringly violated
His lordship ,thus addressed the unfortunate prisoners in the most humane and feeling manner,exhorting them to employ in prayer
And supplication the short time that they had to remain in this world
Matell was executed in Birmingham on friday next on or near snow hip at the junction of great Charles street and bath street
Martell declared his innocence through out and there was no absence of penitence shown by him
How ever some time later Matsells, alibi was credible and at the time of the murder of twford mat sell was drunk and had been hopelessly
Incapable of murder let alone any think else,snow hill and bath street was the ex act spot it was decided by the city magistrates at 12.30
A scaffold was erected at the bottom of great charles street on about ten to twelve feet high with a rough platform and a gallows rising from the centre
Matsell and his two accomplicices Laugharne and tatenall climbed the scaffold at 1.20 the executioner fastened the noose
And put an hankerchief over his eyes after Asking matsell to give him the signal
The condemned man threw up a pocket hankerchief ,by which he is said to say here goes and kicking of his shoes
He was hanged in front of 40.000 people, the body hung the usual time about thirty minutes to one hour and was conveyed to
A dungeon, local lock, and during the night was conveyed and burrked in st Phillips church yard Martell was thirty years o.d
The execution appears to have been a big occasion in Birmingham
Bells tolled in different churches all the who
S as closed and there was crowds.out,,,,albeit orderly

It was most unusual for a hanged criminal to be burtied in a consecrated ground
Warwick records stages that all research and the. Excact place is great Charles street and snow hill and no ludgate hill
So they hung an innocent man again,like the one in Lee bank in the forty fifty period
We all say bring back hanging but would the mistakes happen again best wishes Astonian,,,Alan,,,,,
 
Very interesting Alan, I wonder if you know of a story which I believe happened in or around Birmingham. I heard this as a boy, 4 youths were hung when they accidently killed a friend, a youth and his girl were walking by a canal, these other youths knew them both, they stated messing about and one of the youths picked up a wrist watch dropped by the youth with the girl during the messing about. A tussel ensued and the youth with the girl fell to the ground where one of the other youths kicked him in the head, "Winkel picker shoe was involved" , not hard, but the youth had an unknown medical condition called "Eggshell Skull", and the other youths ran away, the boy died later that night. At the trial because of the taking of the wrist watch, "Theft and murder", they were tried for a capital crime. They all said they were only larking about and playing, but all were executed, the youngest just 18 years old. They all pleaded not guilty saying that they were only messing about and would have returned the watch next day. The judgement being that all were involved in murder and theft and were all as guilty as each other therefore liable to the death penalty.Paul
 
A Little More on the Execution of Philip Matsell.

Philip Matsell was not executed for the murder of Robert Twyford, (or Twiford,) as is generally believed because Robert Twyford was not murdered. On July 26 1806, he was shot in the chest, but he survived his wound. He died eight years later on 24 November 1814, from an infection caused by a strangulated hernia.

The actual person who fired the pistol is disputed. There seems to have been many at the time who believed it to be Matsell`s paramour, Kate Pedley, who dressed in her lovers clothes, while he lay drunk and insensible in his lodgings and went out and shot Twyford. The story goes that she planned, with some former criminal colleagues of hers, to kill Twyford for the diligent and honest way he undertook his duties, which had forestalled some of their criminal activities. This was angrily denied by Pedley, nor did the authorities believe it. Twyford himself was within a few yards of his assailant when he was shot and his description of the culprit matched that of Matsell. And it is unlikely that, from a few yards distance, he would mistake a woman for a man. Matsell himself could provide no alibi that could be corroborated.

Matsell was tried at Warwick assizes and sentenced to death. Normally he would have been hanged outside Warwick Gaol, on Gallows Hill, but Birmingham`s authorities wanted to set an example to others that assaulting an officer-of-the-law would be punished with death. It was therefore decided that Matsell would be brought back to Birmingham and executed at the scene of his `crime.`

On what was then the junction of Great Charles Street, Snow Hill and Bath Street, a scaffold was constructed about ten feet high with a gallows built in the centre. Matsell was brought from Warwick and just outside the town he was placed in an open cart, and then, sitting on his own coffin, `paraded`on a circuitous route into Deritend, then Digbeth, along High Street, up Bull Street and finally to where the scaffold stood.

Far from being his accomplices, Mr Tatnell was in fact the keeper of Warwick Gaol who had accompanied Matsell on his final journey, while Mr Langham was the religious minister appointed to see to Matsell`s spiritual needs. Langham began praying earnestly when Matsell alighted from his cart much to Matsell`s annoyance. The condemned man listened for a few moments before he told Langham exactly where he could shove his bible! Matsell then noticed, near to the scaffold, his wife weeping in the crowd. Somewhat coldly he asked her, "What are you crying for?" It was a particularly uncharitable and spiteful thing to say to a woman whom he had cheated on, but who still retained enough love for her errant husband to cry and mourn at his imminent death.

According to reports, Matsell arrived at the site of the gallows at 12.30pm, but was not hanged until 1.20pm, which means that for fifty minutes Matsell was left to, (forgive the pun,) hang around. Something in the recording of the timings is clearly wrong. No one in their right mind would delay an execution for almost an hour with a crowd of 40,000 waiting in eager anticipation. For one thing, there always remained the possibility that friends of the condemned man, or even the crowd itself, might attempt a rescue. There was also the worry that the crowd might, out of boredom and restlessness, hang the unfortunate man themselves. Even worse, the crowd might riot, and Birmingham had a history of riots, leading to potential loss of life and destruction of property. There was also a compassionate reason to proceed immediately with the execution, that to leave a man dangling (ahem!) about for fifty minutes before being hung was unnecessarily cruel. It`s almost certain that Matsell was dead by 12.45pm and rather than the later time being twenty past one, it should actually be twenty to one.

Whatever the truth of the time, Matsell climbed the steps to the scaffold and then mounted the ladder to the gallows where the hangman, (whose name was not recorded,) placed the noose around the condemned man`s neck. As he did so, Matsell kicked off his shoes launching them into the crowd, saying that he would not die with his shoes on as he had been told he would do when he was a young lad. When the hangman climbed back down the ladder and was about to turn the ladder so as to cause Matsell to fall, Matsell jumped shouting, "Here goes." Matsell`s reason for jumping was almost certainly to ensure that he died immediately of a broken neck and not slowly strangle to death in agony. Whether his jump succeeded is not known.

If newspaper reports and other eyewitness accounts are to believed, then around 40,000 people crowded around the scaffold and crammed into the surrounding area to get a glimpse of this unique event in Birmingham`s history. Given that Birmingham`s population in 1801 had been almost 74,000 then at least half of the town`s inhabitants witnessed Matsell`s execution.

Folklore has it that the executed man`s corpse was secretly buried by his friends in the graveyard of St. Philip`s Cathedral.

Philip Matsell is the only person ever to be executed publicly in Birmingham. Previous executions had been carried out at Warwick, while about twenty had, over the years, been carried out on Washwood Heath which then was not a part of Birmingham. After Matsell`s hanging, there would be no more executions in Birmingham until 1885 when Henry Kimberley became the first man to be hanged in Winson Green Prison.

Two plaques commemorate Matsell`s execution, one in Ludgate Hill and the other in Great Charles Street. Both contain errors of fact. The one in Ludgate Hill proclaims that it is hung at the site of the last public hanging to take place in Birmingham. This is a confusion with the last public execution to take place in Great Britain which took place at Ludgate Hill, London in 1868. The plaque in Great Charles Street boldly states that Robert Twyford was murdered when in fact he was not. It`s perhaps time that Birmingham City Council replaced these embarrassing mistakes with two plaques that contain the correct details of an event that is and will remain unique in Birmingham`s history.
 
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What a wonderful account of a dark event in the city's history. Thank you Mercian Liam for putting the record straight, I hope Birmingham council will replace the plaques, with the correct information. I have read many accounts of this event and yours is the most informative and correct. A great read thank you.
 
Thank you for your kind words, Wendy, they are very much appreciated.

I have for some months now been researching the history of the executions for murder which took place in, or were in some way connected to Birmingham, and which I hope to publish in book form in the future. What I have discovered so far is quite surprising in that it seems there were only ever about 100 hangings that can be regarded as `Birmingham executions,` far less than smaller cities such as Manchester, Liverpool and Glasgow.

So far I have written just over 300 pages, telling the stories of these murders from the first one recorded, in 1643 up to the final execution in Birmingham in 1962. But I still have a lot to do, especially in finding information about the condemned cell and execution chamber in Winson Green, but compliments like yours spur me on.

Once again, Wendy, many thanks.
 
The fact that only a few number of judicial executions took place, given that there were around 20 odd capital crimes listed for the 1820's, of which no less than 16/17 carried the ultimate penalty, for instance " owing more than (50Gn's), in debt. etc, I believe a number were downgraded to transportation for life. Paul
 
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You are quite right Paul, far more people were reprieved than were executed as the following figures for the years 1800-1899 show:

Number of people sentenced to death: 33,720.
Number of people hanged.................: 3,524
Number of people reprieved..............: 30,196.

(Figures from the https://www.capitalpunishmentuk.org/)

Regarding the number of offences which carried the death sentence, these were enshrined in the `Bloody Code. The bloody code was a series of laws and punishments operating from 1688 to 1815, by which time a staggering 288 offences carried the death sentence! In 1823 the `Judgement of Death` Act reduced these numbers greatly and made the death penalty discretionary for all crimes except treason and murder. By 1861, the number of crimes for which capital punishment was the penalty had been reduced to five, murder, piracy, setting fire to a naval dockyard, espionage and high treason.

Most people reprieved from the death sentence served sentences ranging between 10 to 20 years imprisonment, almost always with hard labour. Transportation as a form of punishment was discontinued in 1861, but had rarely been implemented since 1850 as the Australian authorities had made it clear to the British Government that they were not prepared to accept any more large numbers of convicted felons.

The implementation of a reprieve seems to have been an arbitrary decision at times, one in which social standing was as much important as the actual crime. The monied middle and upper classes stood a far greater chance of being given a reprieve that a working-class man as is evidenced by two cases that occurred in Birmingham in 1861. John Farquhar was a successful builder who had money. He shot dead his mistress, Elizabeth Brooke. The jury found Farquhar guilty of manslaughter and he was sentenced to life imprisonment. He was released in 1866. John Thompson committed exactly the same offence a few months later, shooting dead his lover, Anne Walker. However, Thompson was found guilty of murder and hanged, despite a petition for clemency and a campaign by Birmingham businessmen on his behalf who warned the Home Secretary that if Thompson were hanged it would be seen as a `one law for the rich and one for the poor.`
 
Just A Little More On Philip Matsell.

After further digging around in the online archives of some of Britain`s newspapers, I`ve discovered a little more on the life of Philip Matsell that some people may find interesting.

At a date unknown, Matsell was sentenced to transportation to Botany Bay, Australia for some unspecified crime. I discovered in one London newspaper the following information about a Philip Matsell.
On Monday 13 September 1790, this particular Matsell, who later claimed he was a toy maker was tried at the Magistrates court in The Strand, London for the theft of twenty-five pieces of silk and woollen cloth, total value thirty pounds, from the shop of one John Baster. Upon Baster noticing Matsell picking up the bundle and moving to leave the shop, Matsell dropped the silk and cloth and asked Baster for directions to Fetter Lane. Baster took hold of Matsell and with some wit told the thief that he could not show him the way to Fetter Lane but he would show him the way to Newgate gaol. Baster called to his assistant, William Fletcher to restrain Matsell while he went to fetch a constable. As Baster went on his search, Matsell attempted to bribe Fletcher to let him go, offering him a half-crown and a shilling. Fletcher was, however, immovable and refused Matsell`s offer. Whether this was due to moral considerations, or the bribe was not sufficient is not known, more likely the promise of a few shillings was not as preferable to full-time employment.

Matsell was tried before the Lord Chief Justice, Sir (later Lord) Lloyd Kenyon, his defence being that he entered the shop to ask for directions and found the silk and cloth on the floor and merely picked them up and placed them on a nearby chair. He also told the jury that he had only returned home from the sea where he had been for the last six months. The jury did not believe his story and he was fined 1 shilling and imprisoned for 12 months.
This Philip Matsell may very well be our subject, but as yet, I have not been able to find any conclusive proof.

Whether this particular felon is the same as that executed in Birmingham may never be known, what is known for sure is that tiring of his life in Australia, Matsell enlisted (presumably under a false name,) in the Royal Navy which was always in need of new recruits, joining a ship in the fleet of Admiral William Mitchell. By doing so Matsell took the enormous risk of returning to England, an act which was a capital offence for anyone who had not completed the years of his or her sentence of transportation. Had Matsell not been hanged for attempted murder, had he been captured he would almost certainly have been hanged for breaking the terms of his original sentence of transportation.

(Magwitch, the felon in Charles Dicken`s novel, `Great Expectations` faced a similar prospect when he returned from Australia to see his foster son, Pip.)
 
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