Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 17 April 2014), Ordinary of Newgate's Account, June 1770 (OA17700604).

Ordinary's Account, 4th June 1770.

THE ORDINARY of NEWGATE's ACCOUNT of the Behaviour, Confession, and Dying Words, OF Charles Stevens, Henry Holyoak, and Henry Hughes, Who were executed at TYBURN, On Monday, the 4th Day of June, 1770.

For the wilful Murder of James Shaw, in the new City Road, the Third of May last; Being the Fourth EXECUTION in the SECOND MAYORALTY OF THE Rt. Hon . WILLIAM BECKFORD, Esq ; AND OF Five other Malefactors, who were hanged on Wednesday, the Fourth of July Inst. at the same Place, for Burglary and other Offences; of which Number David Miller, who had been transported about two Years ago, and returned before the Expiration of his Sentence, was one.

Being the FIRST EXECUTION in the MAYORALTY of the Rt. Hon. BARLOWE TRECOTHICK, Esq; LORD-MAYOR of the City of LONDON.

Number IV. and V. in the Year 1770.

LONDON:

Sold by J. KINGSBURY, Stationer, N° 47, Tooley-Street, Southwark; S. BLADON, N° 28, Pater-noster-Row; Mess. ARMITAGE and ROPER, at Bishopsgate, T. BOWEN, at the Golden-Pallet, opposite the Hay-Market, Piccadilly, and S. KINGMAN, the Corner of Sweeten's-Alley, Royal-Exchange.

(Price SIX-PENCE.)

THE ORDINARY of NEWGATE'S ACCOUNT of the Behaviour, Confession, and Dying Words, OF Eight Malefactors, who were lately hanged at Tyburn, pursuant to their Sentence of the last Sessions in the Old Bailey.

BY virtue of the King's Commission of the Peace, oyer and terminer, and goal delivery, holden for the city of London and county of Middlesex, at Justice-Hall, in the Old Bailey, before the Rt. Hon . William Beckford, Esq; Lord Mayor of the city of London , George Perrot, Esq; one of his majesty's Barons of the Court of Exchequer , Sir Richard Aston, Knt. one of the Judges of his majesty's court of King's Bench , James Eyre, Esq; recorder , and others of his majesty's Justices of oyer & terminer of the city of London, and Justices of goal delivery of Newgate, for the said city and county of Middlesex, on Wednesday the 30th, Thursday the 31st of May, Friday the 1st and Saturday the 2d of June 1770, in the tenth year of his majesty's reign, thirteen were capitally convicted for various offences; three of whom, viz. Charles Stephens, Henry Holyoak, & Henry Hughes, for murder, were sentenced to be hanged on Monday, the fourth of June, and suffered accordingly.

On Wednesday the 27th of June, the report was made to his majesty by James Eyre, Esq; Recorder of the city of London , of the remaining ten under sentence of death, when Daniel Pfluyer, James Attaway, Richard Bailey, Francis Lutterell, and John Read, otherwise David Miller, otherwise John Mil

ler, were ordered for execution on Wednesday, the 4th day of July. The other five were respited during pleasure.

Charles Stevens was indicted for the wilful murder of John Shaw, by shooting him in the belly with a blunderbuss. Henry Holyoak, and Henry Hughes, were indicted for being present, aiding, abetting, and assisting him to do and commit the said murder. To this indictment they pleaded not guilty, and for tryal put themselves on God and their country.

Stevens said in his defence, that the night this murder was done, he was not out of his lodging from seven till eleven at night, at which time he went to bed: That he never had a blunderbuss in his life till the night before he was taken, when, coming along the Paddington road, he saw the blunderbuss, a pistol, and cutlass, lying in a ditch: That thinking there were some bad people about who might use them ill, they took them to defend themselves.

Holyoak said he was innocent of the affair; that he knew nothing about it, nor did he recollect where he was that day, and that he never suspected to be taken up about it.

Hughes said, that the night this murder was committed, he went to Islington, to see his father, and staid there till nine o'clock, or a little after; then coming along the New-River side, in order to come home with another person, they heard several people quarreling, at a small distance from the river, and turned down the road to see what was the matter: That they had not gone above a dozen steps, before they heard a gun fired, when they turned round and went home immediately. He said he had known Stevens about four months, and the other he never saw above four times before they were taken into custody, on the evidence of Mary Leighbourn and others. They were found guilty of the charge laid in the indictment, and sentenced by the law to be hanged by the neck till dead.

They all confessed and acknowledged that they had attempted and committed several robberies within the space of two months, both in houses and the highway; but never before attempted to abuse or take any man's life away; and that the murder for which they were condemned to die, neither was intended or premeditated. That Holyoak and Hughes first meeting Shaw on the New-Road, demanded his money, to which he replied, he had not any; and if he had, he would not be robbed by them. In answer to which they said they were sure he had money, and they would have it: On which Shaw took a long knife out of his pocket, with which he stood on his defence, replying as before. In consequence of this they went a little way from

him, and cursing him said, if he had not any, they could not expect any, and bid him go his way, for they did not mean to hurt him. During this conversation Stevens came up, with the blunderbuss cocked in his hand, and said, "dam you, I'll tip you over:" On which Shaw made some attempts, with the knife in his hand, to cut or stab, in which confusion the blunderbuss fired; which he declares he never presented, or knew any thing of, till he found the pan open; and that he was so confused at the time by Shaw's resistance, though he heard the report, he did not know but the shot was fired by one of the other two.

When he was convicted, and sentence passed on him, he looked round on all the court with an air of great contempt, and puting on his hat, said as he went out; 'Tis well you can do no worse. Being shortly after asked by the Ordinary, how he could, at such a time, behave in so insolent a manner, and at the same time representing to him that contrition, humility, and a broken spirit, was much more becoming his miserable situation; he said, that he was so shocked with his sentence, he did not know what he either said or did; and if any offence was given, it was without design When visited in their cells, or in chapel, they all behaved with humility, seriousness, and in appearance, very great contrition; bewailing much the afflictions of their poor aged parents, who very fondly and tenderly reared them; who very readily received and complied with such instructions as were given by the Ordinary, proper for their unhappy situation.

Stevens said, he was first bred a barber , afterwards lived a servant with different gentlemen, one of whom was the Genoese ambassador, whose house he robbed of a large quantity of wearing apparel, and the blunderbuss with which he shot Shaw: That when he was discharged from his service, without such a character as would recommend him to another place, having misbehaved while with him, he could not get employed; in consequence of which, and being ashamed to return home to his father, whom he had often before offended, he had recourse for the necessaries of life to a woman of bad fame and character, who kept a brothel, and with whom he was formerly connected. At her house he readily consented and agreed to become one of a gang or party that resorted there, and who chiefly supplied life by robbing, stealing, trespassing on their neighbours, and other evil practices; and though his harbourer and friend often advised him not to associate with them, as she could and would maintain and support him by her profits and industry in the trade or business of life which she fol

lowed, yet such was the viciousness of his inclination and desires, that he would not be restrained from persuing a course of life, to the injury of all mankind, the hazard of his own eternal salvation, and one time or other the certainty of temporal death, such as he at last suffered; a punishment not equal to the many henious crimes women and wine led him into; who most earnestly prayed at the gallows to god for his forgiveness, and that his fate might be a sufficient warning to all young men, to consider their ways betimes, and not to suffer the pomps and vanities, the lusts and pleasures, or the temptations of the devil, to draw them aside from their duty to God, their neighbour, and themselves.

Henry Holyoak was born in Worcestershire, of reputable parents, who carefully instructed him in the principles of religion and virtue, and the paths of honesty, which he steadily pursued till very lately, when Stevens, who was his relation, and by whose means he was disappointed in a voyage he had engaged to make to the West-Indies, in the Truner, on board which ship his chest and cloaths were put, and now are, decoyed and seduced him to become an accomplice in his evil practices; which, he said, nothing but the greatest distress for want of the common necessaries of life, could have induced him to. For having lost his place and birth on board the Truner, by her sailing suddenly and unknown to him, when he was on shore at night, he made several attempts to get employment in any station, to earn his daily bread honestly; but not succeeding, and being both afraid and ashamed to apply to those who before used their best endeavours to get him such employment as he was qualified for, and particularly that which he forfeited by his connection with Stevens, by which he could have got a very decent livelyhood, had he not been so unfortunate as to loose the favourable opportunity then in his power, and obtained by them for him Having pawned almost every thing he had, without a shirt to his back, or scarcely a rag to cover him, no bed to lie on, and very often with an hungry belly, without a penny to supply his necessities, had recourse to the unjust and illegal means, often before, in vain, proposed to him by Stevens, which he had not pursued much longer than six weeks; in which his first was an house robbery, under the Piazza, Covent-Garden; and that all his gain or share of the booty never amounted to more at any time than about four shillings: That he never attempted to hurt or use any man ill, neither did he think that Stevens would or did shoot Shaw at the time, till he af

terwards heard of his death. He, with great contrition, sincerely lamented his sad and dismal situation, which he said, he could only attribute to cruel, hard, and unfortunate fate, which laid him under the necessity of pursuing such a course, as brought him to his untimely end.

He expressed much grief at his not being allowed more time to make a better preparation for that great eternity, which to him was now drawing on, in contemplation of which every moment of his time was engaged, as he said it should be to the last.

Henry Hughes was born at Islington, and bred a glass grinder ; in which business he lived and earned his bread with industry, a good reputation, and an honest character, till within these three months; when, by the inticement of vile and wicked women, he was brought to the house where Steven's lived, which he often afterwards frequented, and consequently contracted an intimacy with him, by whose evil advice and bad examples, he was prompted and encouraged to become a partner in all his scenes of vice and iniquity, to his great misfortune, and the loss of his life, which he was most heartily sorry for; and as his repentance, he said, was very sincere, he hoped, and earnestly prayed, that God would forgive him all his past transgressions, as he sincerely did, not only his prosecutors, but also all those who were the cause of his ruin, which ought to be a warning to all young persons, to avoid the course of life he lately lived.

ON Wednesday, the 4th Day of July, Daniel Pfluyer, James Attaway, Richard Bailey, Francis Lutterell, and John Read, alias David Miller, alias John Miller, were executed agreeable to his majesty's order, pursuant to their sentence of the last sessions at the Old Bailey, for various crimes and offences.

Daniel Pfluyer was indicted for stealing, in the dwelling house of Robert Walker, five silver table spoons, two silver tea-spoons, a pair of sugar tongs, two pair of leather shoes, a 3l. 12s. piece, five guineas, three half guineas, two quarter guineas, three 13s. 6d. pieces, one 6s. 9d. one 4s. 6d. a Prussian rixdollar, a Spanish rixdollar, a French crown, two crown pieces, six half crowns, and 5l. 18s. 6d. in money, numbered, the property of the said Robert.

To this indictment he pleaded not guilty, and for trial put himself on God and his country. On the evidence of Robert Walker, John Bailey, Evan Jones, and John

Oberhimer, he was found guilty, and sentenced to be hanged.

He was born in Germany, bred a flower baker , and by his parents properly instructed in the paths of virtue and religion; coming to England, about four years ago, he engaged to work at sugar baking , which he continued some time; afterwards he lived with a bread baker , and at other places, from which he was quickly discharged for neglect of duty, keeping bad hours, and idle company, by which he got so much disordered, that at last an hospital was his only resource; from whence, his cure being effected, he was in a little time dismissed; and finding it very difficult to get employed, having so much abused the trust reposed in him by his masters, and forfeited his character, he returned again to the same evil company and connections that were the cause of his former misfortunes, and which, to support his late dissolute life, put him on seeking, by unjust and unlawful means, what by honest labour and industry he might have well subsisted on.

While under sentence he was constantly visited by a German gentleman of his profession, to whom, as well as to me, he gave great satisfaction, by his very decent and proper behaviour, becoming a man in his unhappy situation and circumstances. He attended chapel very regularly and constantly, and in all his words and actions shewed a very sincere repentance and sorrow for this offence, which he said was the first of like kind he ever committed. He confessed he got into the house at the celler window, which he observed was open, when he was that very evening on a visit to his former fellow servants; and finding the compting house door open, forced the desk, out of which he took the money; he took the spoons and other things out of a closet, which he also found open, and then went out with them through the front door: That the temptation of the devil, and the opportunity which seemed so favourably to present itself to his view, induced him to this act to get money for a lewd woman, with whom he then cohabited, and who was instrumental in bringing him to his shameful end.

James Attaway and Richard Bailey, were indicted for stealing, in the dwelling-house of Thomas Le Mar, Esq ; at the hour of nine in the night, on the fourth of May last, three silver waiters, value 14l. three silver coffee-pots, value 10l. six silver candlesticks, value 24l. one silver dish, value 5l. seven silver salts, and seven salt spoons, value 5l. two silver sauce boats, value 6l. five silver table spoons, value 2l. two silver tea spoons, value 2s. one silver snuffer-pan, va

lue 1l. one silver cannister stand, and three silver canisters, value 10l. one silver mug, value 3l. one silver cup, one silver milk pot, value 1l. and other plate, the property of the said Thomas Le Mar.

And also for making an assault on James Morris, in the dwellinghouse of the said Thomas Le Mar, putting him in corporal fear and danger of his life, by stabing and otherwise maltreating him, and taking from his person a silver watch, value 2l. the property of the said James Morris. To this indictment they pleaded not guilty, and for tryal put themselves on God and their country.

Attaway said in his defence, that what Dates, one of the evidences, swore, was all false, for that he had been that afternoon at New-Bond-Street, to enquire after business; and returning home, he met a young woman, with whom he went to drink a pint of beer; when they parted, as he was coming through Bedford Row, he saw a mob runing, and calling stop thief; that he did not know on which side of the way the house that had been robbed was, but run on, making the best of his way home; that as he lived in St. Luke's parish, his way was through Grey's-Inn; and as soon as he came to the top of Bedford Row, people hallowed out, if you do not stop, I'll knock you down; he then turned round, and said, if they meant him, he would stop and go with them: they then took him, searched him, and found nothing about him: that he never was in the house or passage spoke of by the evidence Dates.

Bailey's defence was, that coming through the yard where he was taken, he heard thieves called out, and going in to see what was the matter, they took him; that he lived in Wapping, and had been to take leave of a cousin, who lived in High Holborn, and was going into the country.

James Attaway, aged 26 years, was born of honest and reputable parents, who, according to their circumstances, educated and instructed him in his duty to God, and the rules of his religion, which he says, he often in his early days transgressed; and that necessity lately obliged him to practise (for the support of a wife and family) what evil company, joined to a vicious inclination, first prompted him to attempt; for, by his trade, (viz. that of a watch movement maker ) even at the best of times, and when he was most assiduous and industrious, he said he could not earn a sufficiency for them, having often sat an entire day at work without any sustenance, more than a bit of bread, washed down with a sup of water, leaving the little else he could earn for the nourishment of his wife and young babes; and when out of employ, his only re

sourse was pilfering and stealing. This fact, for which he died, he said, he was induced to by one of the party not yet taken, who formerly was an acquaintance of his; the other two, Bailey, and one Hamilton, not taken also, he was not acquainted with till the day before, when they communicated to him the plan laid for robbing Mr. Le Mar, which he said, was formed by Hamilton, and the servant maid, who had been shortly before discharged. That he never hurted any man, and then little imagined that any cruelty would have been used; that Bailey stabed the servant man, and that Hamilton and he otherwise maltreated him, while he, Attaway, held a pistol before the little girl, who sat in the kitchen, to prevent her giving any alarm; and when it was given by the servant man, on his getting loose from the bonds and confinement they put him into, he made his escape over the garden wall, where he dropt the pistol which was found. From self-conviction of the unjustness of his actions, and his unlawful course of life, the death he suffered was always in his thoughts, which on every occasion presented the gallows to his view; yet such was his hardness, in spite of all these warnings, and the haunting terrors of his guilty conscience; such his coolness and deliberation in all his scenes of iniquity, that he never hesitated to communicate them to his wife (who endeavoured always to dissuade him from his evil purposes) nor his apprehensions of what, for them, he should at last suffer. Even the day he went to put the robbery, for which he died, into execution, he told her he was going out to do what he was sure he should be hanged for; and that if he did not return home that night, not to be uneasy, for certainly she would find him in a day or two in Newgate: Wherein his words, and former presages, were so fully verified, that with some difficulty, and extraordinary pains, I could at all shake a principle of Predestination, which appeared to be grafted in him; in so much, that though he could not deny the truth of my arguments to prove the absurdity of such notions, their inconsistency with the laws of God, and the divinity of our Saviour, whose religion we profess; how contradictory to all natural reason, as well as revealed religion; and the evil consequences of such a persuasion to any community, but more especially to such as have the terms of salvation and everlasting happiness so fully shewn to them by the light of the gospel, which is the standard of our most holy religion and faith in Jesus Christ, through whose merits we are to hope for and expect the remission of our sins, if we sincerely desire it, and with hearty repentance, and true

faith, turn unto him. Yet he still persisted to believe, that what man was to suffer in this world, was certainly alloted for him at his first entrance into it; and which he was now well satisfied to leave, having known very little else than troubles, sorrow, and uneasiness, since his first coming into life; to support which, when honest means failed, he had recourse to such bad practices, as brought him to his long much dreaded untimely end.

Richard Bailey, aged 22 years, was so affected with his sentence, that the goal fever quickly seized him, under which he laboured, and appeared not to be in his right senses to his last moments. He was born at Chatham, and bred a painter, and for several years past lived a very idle profligate life, which he supported by every unjust and unlawful means which his evil genius could devise; particularly robbing ships, lighters, and boats in the river Thames.

He acknowledged to be the person who delivered the letter to Mr. Le Mar's servant; that he first rushed into the house, and stabed him with the dagger, which was produced in court: That he tied him, while Attaway and Hamilton, who took his watch and money from him, held him; they then brought him down stairs into the kitchen, where they loosed his hands, and made him light a candle; then perceiving a little girl, Attaway presented a pistol to her, and swore he would shoot her, if she said a word, or made any noise, while Bailey and Hamilton tied his arms behind, bringing the same cord round his neck, across his face, and through his mouth, which they then tied behind; this done, they shut him up in a dark coal vault, leaving him there to perish, with his wounds bleeding, while they were robbing the house. How he delivered himself, and they were taken, the Old Bailey Trials do fully shew.

Francis Lutterell was indicted for stealing some wearing apparel, and 17s. 9d. in money, the property of Thomas Jackson, in the house of William Shepherd. He said he had been ill used in the night, and took these things to pledge, to raise some money, to be revenged for the injury he received; that it was not meant as a robbery, and all the things were returned again, except one shilling; that he had but very little to say in his defence.

He was born in the north of England, of honest reputable parents, who took early care of his morals and education. After their death, he lived mostly in the service of gentlemen; for which station, shaving and dressing were necessary qualifications; in acquiring which, he commenced an ac

quaintance with Jackson, at the shop where he was instructed in these arts; and being in intimacy with him, made free to take his things, with the intent before mentioned, for which he suffered death. Since his confinement, his behaviour, in every respect, was very suitable to his melancholy situation. He earnestly prayed and hoped that God would have mercy on him, as he was sincerely penitent for every sin committed by him, wilfully, wittingly or unknowingly, in word or deed; and that he would forgive him, as he did all mankind, with whom he died in peace, goodwill and charity.

John Read, otherwise David Miller, otherwise John Miller, was indicted for returning from transportation, before the expiration of his sentence, in the year 1768, when he was convicted of stealing a silver mounted sword, the property of Robert Lee Doughty, Esq . Being found at large, under very strong suspicions of returning to his former course of life, he was again taken into custody, by one of Sir John Fielding's men, who found him reconnoitering a gentleman's area; and on apprehending him, found a loaded pistol in his pocket. The identity of his person was so clearly proved, that he was convicted of the charge laid in the indictment, and on the jury bringing their verdict in guilty, death, he thanked them, and said, he would rather die than live a transport, as no man knew the misery of such a state, but those who felt it; which, to him, he said, was so intolerable, that being disappointed, in several efforts he made, to escape from his slavery and bondage, he attempted to hang himself, which, he said, he was fully determined to do, had he not succeeded in his last escape. Being asked at the bar, before sentence was passed on him, what he had to say for himself, why the court should not pronounce the judgment of the law against him? he repeated nearly the same words as before; and added, he was well contented with fate. While under sentence, he attended chapel regularly, and his behaviour was very decent, expressing a sincere sorrow for his former course of life, which has been mostly employed in thieving, and other bad practices, since he was eleven years old. Though his words and conversation often expressed a great levity of mind, yet the many questions he put to me, most essential to be acquainted with, for the true knowledge of our religion, and relative to his situation, were such, as perhaps never are thought on, by those who have been much more learnedly instructed.

After the order for execution came to Newgate, he received the Sacrament every day, with great

expressions of repentance; and constantly saying, that he resigned his life with willingness, in hope and full assurance of being for ever happy hereafter; free from the miseries and troubles of this uncertain deceitful world, which he so much seemed to despise, that, till the morning of execution, he never appeared daunted, or affected with any terror of the death he was to suffer; and then, while at sacrament in the chapel, he wept and relented much, saying, he then thought his heart had burst within him.

At the gallows he addressed himself to the populace nearly in the same words as in court, and prayed to God to protect, bless, and preserve them from the temptations of the world, the flesh, and the devil, which were his destruction; who desired that his friends and relations would not be troubled or concerned about him, for that he was very happy in leaving this word, and died in peace, good will, and forgiveness with all mankind.

JOHN WOOD,

Ordinary of Newgate.