terminated his career, and in September 1704, he was indicted for robbing the house of—— Barry, Esq. of Fulham, and murdering his gardener. Elby, it seems, having determined on robbing the house, arrived at Fulham soon after midnight, and had wrenched open one of the windows, at which he was getting in, when the gardener, awaking, came down to prevent the intended robbery with a light in his hand. Elby, terrified lest he should be known, seized a knife and stabbed him to the heart, and the poor man immediately fell dead at his feet. This done, he broke open a chest of drawers, and stole about two hundred and fifty pounds, with which he repaired to his associates in London.
The murder soon became the subject of very general conversation, and Elby being at a public-house in the Strand, it was mentioned, and he became so alarmed on seeing one of the company rise and quit the house, that he suddenly ran away, without paying his reckoning. The landlord was enraged at his being cheated; and learning his address from one of his companions, he caused him to be apprehended, and he was eventually committed for trial on suspicion of being concerned in the robbery and murder.
On his trial he steadily denied the perpetration of the crimes with which he was charged; and his conviction would have been very doubtful, had not a woman with whom he cohabited become an evidence, and sworn that he came from Fulham with the money the morning after the commission of the fact. Some other persons also deposed that they saw him come out of Mr. Barry’s house on the morning the murder was committed; and he was found guilty, and having received sentence of death, was executed at Fulham, on the 13th September, 1704, and was hung in chains near the same place.
JOHN SMITH.
CONVICTED OF ROBBERY.
THOUGH the crimes committed by this man were not particularly atrocious, nor his life sufficiently remarkable for a place in this work, yet the circumstances attending his fate at the place of execution are perhaps more singular than any we may have to record. He was the son of a farmer at Malton, about fifteen miles from the city of York, who bound him apprentice to a packer in London, with whom he served his time, and afterwards worked as a journeyman. He then went to sea on board a man-of-war, and was at the expedition against Vigo; but on his return from that service he was discharged. He afterwards enlisted as a soldier in the regiment of Guards commanded by Lord Cutts; but in this station he soon made bad connexions, and engaged with some of his dissolute companions as a housebreaker. On the 5th of December, 1705, he was arraigned on four different indictments, on two of which he was convicted. While he lay under sentence of death, he seemed very little affected with his situation, absolutely depending on a reprieve, through the interest of his friends. An order, however, came for his execution on the 24th day of the same month, in consequence of which he was carried to Tyburn, where he performed his devotions, and was turned off in the usual manner; but when he had hung near fifteen minutes, the people present cried out, “A reprieve!” Hereupon the malefactor was cut down, and, being conveyed to a house in the neighbourhood, he soon revived, upon his being bled, and other proper remedies applied.
When he perfectly recovered his senses, he was asked what were his feelings at the time of execution; to which he repeatedly replied, in substance, as follows:—“That when he was turned off, he, for some time, was sensible of very great pain, occasioned by the weight of his body, and felt his spirits in a strange commotion, violently pressing upwards; that having forced their way to his head, he, as it were, saw a great blaze, or glaring light, which seemed to go out at his eyes with a flash, and then he lost all sense of pain. That after he was cut down, and began to come to himself, the blood and spirits, forcing themselves into their former channels, put him, by a sort of pricking or shooting, to such intolerable pain, that he could have wished those hanged who had cut him down.” From this circumstance he was called “Half-hanged Smith.” After this narrow escape from the grave, Smith pleaded to his pardon on the 20th of February, and was discharged; yet such was his propensity to evil deeds, that he returned to his former practices, and, being apprehended, was again tried at the Old Bailey, for housebreaking; but some difficulties arising in the case, the affair was left to the opinion of the twelve judges, who determined in favour of the prisoner. After this second extraordinary escape, he was a third time indicted; but the prosecutor happening to die before the day of trial, he once more obtained that liberty which his conduct showed had not deserved.
We have no account of what became of this man after this third remarkable incident in his favour; but Christian charity inclines us to hope that he made a proper use of the singular dispensation of Providence evidenced in his own person.
It was not infrequently the case, that, in Dublin, men were formerly seen walking about who, it was known, had been sentenced to suffer the extreme penalty of the law, and upon whom, strange as it may appear to unenlightened eyes, the sentence had been carried out. The custom until lately was, that the body should hang only half an hour; and, in a mistaken lenity, the sheriff, in whose hands was entrusted the execution of the law, would look away, after the prisoner had been turned off, while the friends of the culprit would hold up their companion by the waistband of his breeches, so that the rope should not press upon his throat. They would, at the expiration of the usual time, thrust their “deceased” friend into a cart, in which they would gallop him over all the stones and rough ground they came near, which was supposed to be a never-failing recipe, in order to revive him, professedly, and indeed in reality, with the intention of “waking” him. An anecdote is related of a fellow named Mahony, who had been convicted of the murder of a Connaught-man, in one of the numerous Munster and Connaught wars, and whose execution had been managed in the manner above described; who, being put into the cart in a coffin by his Munster friends, on his way home was so revived, and so overjoyed at finding himself still alive, that he sat upright and gave three hearty cheers, by way of assuring his friends of his safety. A “jontleman” who was shocked at this indecent conduct in his defunct companion, and who was, besides, afraid of their scheme being discovered and thwarted, immediately, with the sapling which he carried, hit him a thump on the head, which effectually silenced his self-congratulations. On their arrival at home, they found that the “friendly” warning which had been given to the poor wretch, had been more effectual than the hangman’s rope; and the wailings and lamentations which had been employed at the place of execution to drown the encouraging cries of the aiders of the criminal’s escape, were called forth in reality at his wake on the same night. It was afterwards a matter of doubt whether the fellow who dealt the unfortunate blow ought not to have been charged with the murder of his half-hanged companion; but “a justice” being consulted, it was thought no one could be successfully charged with the murder of a man who was already dead in law.
WILLIAM GREGG.
EXECUTED FOR HIGH TREASON.
THE treason of which this offender was convicted was that of “adhering to the Queen’s enemies, and giving them aid, without the realm,” which was made a capital offence by the statute of Edward III.
It appears that Gregg was a native of Montrose, in Scotland, and having received such instruction as the grammar-schools of the place afforded, he
completed his education at Aberdeen university, where he pursued these studies which were calculated to fit him for the profession of the church, for which he was intended. London, however, held forth so many attractions to his youthful eye, that the wishes of his relatives were soon overruled; and having visited that city, with good introductions, he was, after some time, appointed secretary to the ambassador at the court of Sweden. But while performing the duties of his office, he was guilty of so many and so great excesses, that he was at length compelled to retire, and London once more became his residence. His good fortune placed him in a situation alike honourable and profitable, but his dishonest