Lord Raymond, who presided, in summing up the evidence, observed that the guilt of the prisoner was a point beyond all dispute; but that, as a similar case was not to be found in the law-books, it became his duty to act with great caution: he was not perfectly satisfied that the construction urged by the counsel for the crown could be put upon the indictment; and, as the life of a fellow-creature was at stake, he recommended the prisoner to the mercy of the jury, who brought in their verdict Not Guilty.
Wild was then arraigned on the second indictment, which alleged an offence committed during his confinement in Newgate. The indictment being opened by the counsel for the crown, the following clause in an act passed in the fourth year of the reign of George the First was ordered to be read:—
“And whereas there are divers persons who have secret acquaintance with felons, and who make it their business to help persons to their stolen goods, and by that means gain money from them, which is divided between them and the felons, whereby they greatly encourage such offenders; be it therefore enacted by the authority aforesaid, that whenever any person taketh money or reward, directly or indirectly, under pretence or upon account of helping any person or persons to any stolen goods or chattels, every such person so taking money or reward as aforesaid (unless such person do apprehend or cause to be apprehended such felon who stole the same, and give evidence against him) shall be guilty of felony, according to the nature of the felony committed in stealing such goods, and in such and the same manner as if such offender had stolen such goods and chattels in the manner, and with such circumstances, as the same were stolen.”
Mrs. Stretham then, having repeated the evidence which she had before given, went on to state that on the evening of the robbery she went to the house of the prisoner in order to employ him in recovering the goods, but that not finding him at home, she advertised them, offering a reward of fifteen guineas for their return, and promising that no questions should be asked. The advertisement proved ineffectual, and she therefore again went to the house of the prisoner, and seeing him, by his desire she gave an account of the transaction and of the appearance of the thieves. He promised to inquire after her property, and desired her to call again in a few days. She did so, and at this second visit he informed her that he had gained some information respecting her goods, and expected more; and a man who was present said that he thought that Kelly, who had been tried for passing plated shillings, was the offender. The witness again went to the prisoner on the day on which he was apprehended, and said that she would give twenty-five guineas rather than not have her lace back; on which he told her not to be in too great a hurry, for that the people who had stolen the lace were out of town, and that he should soon cause a disagreement between them, by which he should secure the property on more easy terms. On the 10th of March, she received a message, that if she would go to the prisoner in Newgate, and take ten guineas with her, her lace would be returned to her. She went to him accordingly, and a porter being called, he gave her a letter, saying it was addressed to the person to whom he was directed to apply for the lace, and the porter would accompany her to carry the box home. She declined going herself, and then the prisoner desired her to give the money to the porter, who would go for her and fetch the goods, but said that he could not go without it, for that the people who had the lace would not give it up without being paid. She gave the money and the man went away, but in a short time he returned with a box sealed up, but not the box which she had lost. On opening it, she found that it contained all her lace except one piece. She asked the prisoner what satisfaction he expected, when he answered “Not a farthing; I have no interested views in matters of this kind, but act from a principle of serving people under misfortune. I hope I shall soon be able to recover the other piece of lace, and to return you the ten guineas, and perhaps cause the thief to be apprehended. For the service I can render you I shall only expect your prayers. I have many enemies, and know not what will be the consequence of this imprisonment.”
The prisoner’s counsel argued, that as Murphy had deposed that Wild, Kelly, and she, were concerned in the felony, the former could by no means be considered as coming within the description of the act on which the indictment was founded; for the act in question was not meant to operate against the actual perpetrators of felony, but to subject such persons to punishment as held a correspondence with felons.
The counsel for the crown observed, that from the evidence adduced, no doubt could remain of the prisoner’s coming under the meaning of the act, since it had been proved that he had engaged in combinations with felons, and had not discovered them.
The judge was of opinion that the case of the prisoner was clearly within the meaning of the act; for it was plain that he had maintained a secret correspondence with felons, and received money for restoring stolen goods to the owners, which money was divided between him and the felons, whom he did not prosecute. The jury pronounced him guilty, and he was sentenced to be executed at Tyburn, on Monday the 24th of May, 1725.
When he was under sentence of death, he frequently declared that he thought the services he had rendered the public in returning the stolen goods to the owners, and apprehending felons, was so great, as justly to entitle him to the royal mercy. He said that had he considered his case as being desperate, he should have taken timely measures for inducing some powerful friends at Wolverhampton to intercede in his favour; and that he thought it not unreasonable to entertain hopes of obtaining a pardon through the interest of some of the dukes, earls, and other persons of high distinction, who had recovered their property through his means.
He was observed to be in an unsettled state of mind; and being asked whether he knew the cause thereof, he said he attributed his disorder to the many wounds he had received in apprehending felons; and particularly mentioned two fractures of his skull, and his throat being cut by Blueskin.
He declined attending divine service in the chapel, excusing himself on account of his infirmities, and saying that there were many people highly exasperated against him, and therefore he could not expect but that his devotions would be interrupted by their insulting behaviour. He said he had fasted four days, which had greatly increased his weakness. He asked the Ordinary the meaning of the words “Cursed is every one that hangeth on a tree;” and what was the state of the soul immediately after its departure from the body? He was advised to direct his attention to matters of more importance, and sincerely to repent of the crimes he had committed.
By his desire the Ordinary administered the sacrament to him; and during the ceremony he appeared to be somewhat attentive and devout. The evening preceding the day on which he suffered he inquired of the Ordinary whether suicide could be deemed a crime; and after some conversation, he pretended to be convinced that self-murder was a most impious offence against the Almighty; but about two in the morning, he endeavoured to put an end to his life by drinking laudanum. On account of the largeness of the dose, and his having fasted for a considerable time, no other effect was produced than drowsiness, or a kind of stupefaction. The situation of Wild being observed by two of his fellow-prisoners, they advised him to rouse his spirits, that he might be able to attend to the devotional exercises; and taking him by the arms, they obliged him to walk, which he could not have done alone, being much afflicted with the gout. The exercise revived him a little; but he presently became exceedingly pale; then grew very faint; a profuse sweating ensued; and soon afterwards his stomach discharged the greatest part of the laudanum. Though he was somewhat recovered, he was nearly in a state of insensibility; and in this situation he was put into the cart and conveyed to Tyburn. In his way to the place of execution the populace treated him with remarkable severity, incessantly pelting him with stones and dirt.
Upon his arrival at Tyburn he appeared to be much recovered from the effects of the poison; and the executioner informed him that a reasonable time would be allowed him for preparing himself for the important change that he must soon experience. He continued sitting some time in the cart; but the populace were at length so enraged at the indulgence shown him, that they outrageously called to the executioner to perform the duties of his office, violently threatening him with instant death if he presumed any longer to delay. He judged it prudent to comply with their demands; and when he began to prepare for the execution, the