It is a terrible trial to have to execute men who firmly believe, and
apparently on reasonable, even if not correct grounds, that they are
suffering an injustice. The worst instance that I remember of this kind
was in the case of Samuel and Joseph Boswell, executed in Worcester
Gaol for the murder of a game-keeper on the estate of the Duc d'Aumale,
at Evesham. Three men, the Boswells and Alfred Hill, were found guilty
of the murder, and the only difference which the jury could find in
their guilt was that Hill was, if anything, the worst of the three.
An application for a reprieve was made, apparently on the ground that
though the men were guilty of poaching, they had not intended to
commit murder. The Home Secretary responded to this application by
reducing the penalty in Hill's case to penal servitude for life. This
action fairly astounded the people of Evesham, who thought that there
was no possible reason for making any difference in the fate of the
three culprits. The Vicar telegraphed to the Home Secretary that his
decision was "absolutely incomprehensible;" the Mayor, on behalf of the
borough, telegraphed to the effect that "universal indignation" was
"expressed by the whole community in Evesham and by county gentlemen."
Several other similar messages were sent from other bodies, and the
Vicar of Evesham was dispatched to London to interview the Home
Secretary. The news was communicated to Hill but not to the Boswells,
and as the feeling amongst outsiders was so strong, it can be imagined
that the two men who had to suffer the punishment were shocked with a
sense of injustice when they met on the morning of the execution and
found that Hill had been reprieved. When they met on that fatal morning
the brothers kissed each other, and, looking round, they enquired
simultaneously, "where's Hill?" On being answered, they seemed utterly
broken down with the feeling of the injustice of the arrangement.
They asserted that Hill was the real murderer, whilst they were only
accomplices. The men had been much troubled during their imprisonment
by the thought of what would happen to their wives and children, and
were in a terribly harassed and nervous condition. I put the white caps
on their heads before leaving the cells, and a few steps from the door
of the house in which the scaffold stood I pulled the caps over their
eyes. This I always do when men are not quite firm and determined,
before they see the scaffold. In the case of Samuel Boswell this simple
act caused him to fall back into the arms of one of the warders in a
state of collapse, and he had to be almost carried on to the scaffold.
He moaned several times, until he heard his brother's voice give the
response, "Lord, have mercy upon us," when he again drew himself
together and answered, "Christ, have mercy upon us." Then Joseph
piteously cried, "Oh, my poor, dear wife," "Yes," answered Samuel, "and
my dear wife and my poor children." Joseph turned his head a little
Public-domain text, read in full here on John Shaqi.
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