Whatever doubt may exist as to the original intention of the parties, their object at this time is perfectly clear, and there can be no hesitation in supposing that Aram and Houseman had at this time determined to murder their dupe, in order to share the booty. On the night of the 8th February 1745, they persuaded Clarke to take a walk with them, in order to consult upon the proper method to dispose of the effects; and, engaged in the discussion of this subject, they turned into a field, at a small distance from the town, well known by the name of St. Robert’s Cave. On their arrival there, Aram and Clarke went over a hedge towards the cave; and when they had got within six or seven yards of it, Houseman (by the light of the moon) saw Aram strike Clarke several times, and at length beheld him fall, but never saw him afterwards. These were the facts immediately connected with the murder, which were proved at the trial by Houseman, who was admitted King’s evidence; and, whatever were the subsequent proceedings of the parties in respect of the body, they must remain a mystery.
The murderers, going home, shared Clarke’s ill-gotten treasure, the half of which Houseman concealed in his garden for a twelvemonth, and then took it to Scotland, where he sold it. In the mean time Aram carried his share to London, where he sold it to a Jew, and then returned to his engagement with Mr. Plainblanc, in Piccadilly.
Fourteen years afterwards elapsed, and no tidings being received of Aram, it was concluded that he was dead; and these fourteen years had also elapsed without any clue being obtained to unravel the mystery of the sudden disappearance of Clarke. The time at length came, however, at which all the doubts which existed upon both subjects were to be solved. In the year 1758, a labourer named Jones was employed to dig for stone in St. Robert’s Cave, in order to supply a limekiln at a place called Thistle Hill, near Knaresborough; and having dug about two feet deep, he found the bones of a human body, still knit together by the ligaments of the joints. It had evidently been buried double; and there were indications about it which could not but lead to the supposition that some unfair means had been resorted to in order to deprive the living being of life. The incident afforded good grounds for general curiosity being raised, and general inquiry taking place; and hints were soon thrown out that it might be the body of Clarke, whose unexpected disappearance was still fresh in the memory of many, and whose continued absence had been the subject of so much surprise. Suggestions of his murder which had been thrown out by Aram’s wife were called to mind, and a coroner’s inquest being held, she was summoned. By this time a general impression prevailed that the remains found were those of Clarke, and the testimony of Mrs. Aram greatly confirmed the idea which had gone abroad. She deposed that she believed that Clarke had been murdered by Houseman and her husband, and that they had acquired considerable booty for the crime; but she was unable to give any account of her husband, or to state whether he still was in existence or not. Inquiries being made, however, Houseman was soon found; and on his being brought forward to be examined, he exhibited the utmost confusion. The coroner desired that he would take up one of the bones, probably with a view of seeing what effect such a proceeding would produce; and upon his doing so, he showed still further terror, and exclaimed, “This is no more Daniel Clarke’s bone than it is mine!” The suspicions which were already entertained of his guilt were, in a great measure, confirmed by this observation; and it was generally believed that he knew the precise spot where the real remains of the murdered man were deposited, even if he had not been a party to their interment. He was therefore strictly questioned; and after many attempts at evasion, he said that Clarke was murdered by Eugene Aram, and that his body was buried in St. Robert’s Cave, but that the head lay further to the right in the turn near the entrance of the cavern than the spot where the skeleton produced was found. Search was immediately made, and a skeleton was found in a situation corresponding exactly with that which had been pointed out. In consequence of this confession an inquiry was immediately set on foot for Aram, and after a considerable time he was discovered, occupying the situation of usher in a school at Lynn in Norfolk.
He was immediately apprehended and conveyed in custody to York Castle; and on the 13th of August 1759, he was brought to trial at the assizes before Mr. Justice Noel. The testimony of Houseman to the facts which we have described, and of the other witnesses whose evidence was of a corroborative character, was then adduced; and from the proof which was given, it appeared that the share of plunder derived by the prisoner did not exceed one hundred and fifty pounds.
Aram’s defence was both ingenious and able, and would not have disgraced any of the best lawyers of the day. It is a curious and interesting address, and we subjoin it as affording the best criterion of the talents of the prisoner which can well be adduced. He thus addressed the court:—
“My Lord—I know not whether it is of right or through some indulgence of your lordship that I am allowed the liberty at this bar, and at this time, to attempt a defence, incapable and uninstructed as I am to speak; since, while I see so many eyes upon me, so numerous and awful a concourse fixed with attention and filled with I know not what expectancy, I labour not with guilt, my lord, but with perplexity; for having never seen a court but this, being wholly unacquainted with law, the customs of the bar, and all judiciary proceedings, I fear I shall be so little capable of speaking with propriety in this place, that it exceeds my hope if I shall be able to speak at all.
“I have heard, my lord, the indictment read, wherein I find myself charged with the highest crime, with an enormity I am altogether incapable of; a fact, to the commission of which there goes far more insensibility of heart, more profligacy of morals, than ever fell to my lot; and nothing possibly could have admitted a presumption of this nature but a depravity not inferior to that imputed to me. However, as I stand indicted at your lordship’s bar, and have heard what is called evidence adduced in support of such a charge, I very humbly solicit your lordship’s patience, and beg the hearing of this respectable audience, while I, single and unskilful, destitute of friends and unassisted by counsel, say something, perhaps like argument, in my defence. I shall consume but little of your lordship’s time: what I have to say will be short; and this brevity, probably, will be the best part of it: however, it is offered with all possible regard and the greatest submission to your lordship’s consideration, and that of this honourable court.
“First, my lord, the whole tenor of my conduct in life contradicts every particular of the indictment: yet had I never said this, did not my present circumstances extort it from me, and seem to make it necessary. Permit me here, my lord, to call upon malignity itself, so long and cruelly busied in this prosecution, to charge upon me any immorality of which prejudice was not the author. No, my lord, I concerted no schemes of fraud, projected no violence, injured no man’s person or property. My days were honestly laborious, my nights intensely studious; and I humbly conceive my notice of this, especially at this time, will not be thought impertinent or unseasonable, but, at least, deserving some attention; because, my lord, that any person, after a temperate use of life, a series of thinking and acting regularly, and without one single deviation from sobriety, should plunge into the very depth of profligacy precipitately and at once, is altogether improbable and unprecedented, and absolutely inconsistent with the course of things. Mankind is never corrupted at once. Villany is always progressive, and declines from right, step by step, till every regard of probity is lost, and every sense of all moral obligation totally perishes.
“Again, my lord, a suspicion of this kind, which nothing but malevolence could entertain and ignorance propagate, is violently opposed by my very situation at that time with respect to health; for, but a little space before, I had been confined to my bed, and suffered under a very long and severe disorder, and was not able, for half a year together, so much as to walk. The distemper left me indeed, yet slowly, and in part—but so macerated, so enfeebled, that I was reduced to crutches; and so far from being well about the time I am charged with this fact, I have never, to this day, perfectly recovered. Could then a person in this condition take anything into his head so unlikely, so extravagant?—I, past the vigour of my age, feeble and valetudinary, with no inducement to engage, no ability to accomplish, no weapon wherewith to perpetrate such a deed, without interest, without power, without motive, without means. Besides, it must needs occur to every one, that an action of this atrocious nature is never heard of, but when its springs are laid open. It appears that it was to support some indolence, or supply some luxury; to satisfy some avarice, or oblige some malice; to prevent some real or some imaginary want: yet I