Broadsides; Chapbooks; Street literature -- Great Britain
This “street-book” is founded on a fact, and, in reality, gives the
salient points of a memorable circumstance which took place in 1817,
when Abraham Thornton was charged at the Warwick Assizes, before
Mr. Justice Holroyd, for the murder and violation of Mary Ashford,
at Erdington, near Birmingham. The prisoner was found--after a
consultation of the jury of five minutes--Not Guilty, to the utmost
surprise and disappointment of all persons assembled. The second
charge of committing a rape on the body of the said Mary Ashford was
abandoned by the prosecution. The case created the greatest possible
sensation at the time, and the trial and subsequent appeal were printed
and published in a separate form, and occupies 120 pages in double
columns, “with a correct plan of the spot where the rape and murder
were committed, and a portrait of Thornton drawn and engraved by G.
Cruikshank.”
The acquittal of Thornton in the atrocious rape and murder of Mary
Ashford excited the most undisguised feelings of disappointment in
all classes of persons throughout the kingdom, and various provincial
newspapers began to canvass the subject with vigour, freedom, and
research. This aroused most of the London papers, and the _Independent
Whig_ on Sunday, August 17th after fully commenting on the case, cited
several instances where individuals, who, after having been arraigned
under the charge of murder and acquitted, were tried a second time
for the same offence, in consequence of an appeal by the next of kin
of the deceased against the verdict of the jury, and wound up their
remarks by that,--“If ever there was a case of brutality, violation
and murder, that had greater claims upon the sympathy of the world
than another, and demands a second trial, we think it is exhibited in
that of the unfortunate Mary Ashford.” This gave the “key-note,” a
very large section of the press adopted the same view of the case, and
a subscription was immediately set on foot--Mary’s friends being in
indigent circumstances--to defray the necessary expenses. And Abraham
Thornton was apprehended a second time, on a Writ of Appeal, for the
murder of Mary Ashford, which excited an interest in the public mind
altogether unprecedented--an interest that was heightened by the
unusual recurrence of the obsolete proceedings necessary in the case by
the Saxon Writ of Appeal, together with the staggering fact of Thornton
having challenged his appellant--William, the eldest brother of the
deceased Mary Ashford--to a solemn trial by battle, and avowing himself
ready to defend his innocence with his body.
The challenge was formally given by throwing down a glove upon the
floor of the Court of King’s Bench, whence the case had been removed
by “Writ of Habeas Corpus,” to be heard before Lord Ellenborough. But
the combat did not take place, and the prisoner escaped. An Act of
Parliament was then passed abolishing the trial by battle in any suit,
as a mode unfit to be used.
Public-domain text, read in full here on John Shaqi.
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