Old Bailey Proceedings supplementary material, Martha Cutler, Sarah Cowden, Sarah Storer, Sarah Mills, Jane Tyler, Mary Burgess, 3rd June 1789.

After the Felonies were tried, the Women who had refused his Majesty's Pardon last Session were ordered to be brought up.

Mr. Akerman. Mary Burgess is ill.

Court. What is her complaint? - I do not know; Mr. Simpson has seen her every day, but he has said nothing about her; she appears to us so ill that she cannot be removed with safety.

Court. I shall expect Mary Burgess to be brought up on Thursday.

Martha Cutler , Sarah Cowden , Sarah Storer , and Sarah Mills were set to the bar, and the pardon read, which was read last sessions, as far as respected them.

Court. Jane Tyler , you stand attainted of felony; his Majesty has been graciously pleased to extend his royal mercy to you, on condition of your being transported for life ; are you willing to accept his Majesty's mercy on that condition? - Yes, I will.

The same question was put to Martha Cutler .

Why, I must.

The same question was then put to Sarah Cowden .

I will tell you what; I am willing to accept of whatever sentence the King passes upon me, but Sarah Storer is innocent, I would not care whatever sentence I went through; I will accept it if that woman's sentence is mitigated.

Court. You must either say yes or no? - I will take any sentence, if that woman's sentence is mitigated.

Court. Sarah Cowden, the only question you have to answer respects yourself; the King, after you had justly forfeited your life to the laws of your country, has been graciously pleased to extend his mercy to you, and to spare that life which has been so forfeited; but his Majesty has thought fit to annex a condition to his pardon; your life was in the power of your sovereign, he has extended his mercy so as to spare that life, and he has persevered so much in his merciful disposition, that though he might justly have doomed you to death, without affording you any further opportunity of benefiting by his gracious favor, he has now with unparalelled goodness, afforded you a second opportunity of saving your forfeited life; you therefore have nothing to do with the case of any other person but yourself; and you are to chuse, whether you will accept of the mercy of your sovereign, and preserve that life which he has put into your power to save, or whether you chuse to be remanded to immediate execution? - I will accept of my sentence willingly, if this woman's sentence is mitigated.

Are you, or are you not willing to accept of your life on the condition your sovereign has offered? - I will never accept of it without this woman's sentence is mitigated.

Court. Remove all the women from the bar but Sarah Cowden .

Sarah Cowden . Gentlemen, I hope you will excuse me for being so bold to speak in the court, but this woman is as innocent as a child unborn; she happened to come into the place where this robbery was done, she asked for the loan of a pair of bellows, and she was cast for death; and after being cast for death, I think to be cast for life is very hard; if this woman's sentence is not mitigated I will freely die with her, I am but a young girl, I am but one and twenty years of age.

Court. You will attend to this; the government of the country will not suffer the mercy of the King to be trifled with; if you continue to refuse his Majesty's pardon, I thing it right to tell you your fate, and also that of your companion, for whom you seem so much interested; I have offered the King's pardon to you; if you refuse it, I shall order you to be remanded; and you must prepare to die the day following; you shall be executed the day following. - I hope I shall have more mercy shewn me than ever I had at this bar.

Court. If you are sufficiently prepared to die on Thursday next, the Court will give orders accordingly? - That I am.

Court. Let her stand committed to the cells, and let the sheriffs prepare for an execution on Thursday morning; take her away.

Mr. Garrow. The Court will have the humanity to suspend the judgment of the Court for a moment.

Court. It is trifling with the Court.

Mr. Garrow. My Lord, you have no objection to my going to speak to her? - None at all.

(Mr. Garrow and Mr. Leach went to speak to her.)

Court to Jane Tyler and Martha Cutler . You have accepted of this mercy; if at any future period the King would incline to grant you any further remission of your sentence, your submission to his will, will be an additional motive; I cannot promise you, nor lead you to expect any such mercy, but you have done wisely, you have saved your lives; I shall now order that you be transported according to the present condition of his Majesty's pardon.

Court to Mr. Akerman. Let them be removed to separate apartments from the other prisoners.

The same question asked of Sarah Storer .

No, I will not.

Court. These women have done rashly, I meant in mercy to them to have given them further time, that by the death of one obstinate offender, sufficient warning might have been given to the rest; but you have voluntarily desired to be brought into Court, for the purpose of insulting the Court? - I am willing to accept of it though I am innocent; I am willing to accept of it with all the felicity in life.

The same question asked of Sarah Mills.

Yes.

Court. You have both done wisely, and the Court orders and adjudges you to be transported for your natural lives .

Sarah Storer . I am willing to go, but not for my life, I never will.

Mr. Garrow. When I appeal to the Court, and observe that the admonition your Lordship has given has had that effect, which your Lordship's admonitions seldom fail to produce, I humbly conceive your Lordship will permit that unfortunate woman to be brought in once more.

Court. It is only subjecting the King's mercy to insult, to suffer her to be brought up again.

Mr. Garrow. My Lord, I shall have no objection to go into the gaol with her.

Court. I do not think that the King's mercy should go a begging, or be subjected to insult; the justice of the country is concerned, that the unhappy persons, who have forfeited their lives, should be made examples of; but I can shew no indulgence to those, who treat the mercy of the king with contempt, no application can be heard, that does not come from the prisoner, and an application, even coming from the prisoner, must be now received with great doubt.

Mr. Garrow. I only ask the Court, to consider the order not to be irrevocable.

Court. As to me it is irrevocable; I shall order the execution, unless the King otherwise directs; and the Sheriffs will prepare accordingly.

Sentence of Death was then passed on the following Convicts: viz.

John Harper, Jacob Canter, otherwise Joan Rhode, otherwise Joan Richter, otherwise Jacob Richter, George Green, Richard Arnold , David Kenlin , Michael Jones , John Millett , Abraham Jacobs , Thomas Denton and John Jones .

Mr. Garrow. My Lord; I do not attend your Lordship, nor address myself to the Court, in the character of a Counsel, but as a very humble supplicant, for a very miserable wretch, who desires now, having seen the folly of her behaviour, humbly to intreat, that she may be permitted to accept that pardon of his Majesty, which she has dared contumaciously to refuse.

(Mr. Villett joined in this request.)

Court. At the very humane intercession of you, Gentlemen, the Court will certainly permit her to be brought up, and hear what she has to say.

( Sarah Cowden brought in once more.)

Court. Sarah Cowden , you stand attainted of felony; his Majesty has been graciously pleased, to extend his royal mercy to you, on condition of your being transported for life , are you willing to accept his Majesty's mercy on that condition.

Prisoner. Yes Sir, I am.

Court. From my knowledge of the gracious and merciful disposition of your sovereign, notwithstanding your contumacious behaviour has been such, as justly to forfeit that life, which he has been graciously pleased to spare; I am confident he will forgive me, for once more affording you an opportunity of accepting of his mercy; I shall therefore order you to be transported, during your natural life; pursuant to his Majesty's pardon.

[ N. B. Mary Burgess was put to the bar on Thursday, and was asked if she would accept his Majesty's pardon, to be transported for seven years.

Prisoner. I am sorry for the trouble I gave the Court, but I expected to have my liberty, every session, for fifteen months past; Lord Sydney was my friend, and I understood I was not to go abroad.

Court. You are then to be transported for the term of seven years, pursuant to the conditions of that pardon .]


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