During his confinement he was moderate both in eating and drinking; his breakfast was a half-pint basin of tea, with a small spoonful of brandy in it, and a muffin; with his dinner he generally drank a pint of wine and a pint of water, and another pint of each with his supper. In general his behaviour was decent and quiet, except that he would sometimes suddenly start, tear open his waistcoat, and use other gestures, which showed that his mind was disturbed.
Mrs. Clifford and the four young ladies, who had come up with him from Leicestershire, took a lodging in Tower-street, and for some time a servant was continually passing with letters between them: but afterwards this correspondence was permitted only once a day.
Mrs. Clifford came three times to the Tower to see him, but was not admitted; but his children were suffered to be with him some time.
On the 16th of April, having been a prisoner in the Tower two months and two days, he was brought to his trial, which continued till the 18th, before the House of Lords, assembled for that purpose; Lord Henley, keeper of the great seal, having been created lord high steward upon the occasion.
The murder was easily proved to have been committed in the manner we have described; and his lordship then proceeded to enter upon his defence.
He called several witnesses, the object of whose testimony was to show that the earl was not of sound mind, but none of them proved such an insanity as made him not accountable for his conduct. His lordship managed his defence himself, in such a manner as showed an uncommon understanding; he mentioned the fact of his being reduced to the necessity of attempting to prove himself a lunatic, that he might not be deemed a murderer, with the most delicate and affecting sensibility; and, when he found that his plea could not avail him, he confessed that he made it only to gratify his friends; that he was always averse to it himself; and that it had prevented what he had proposed, and what perhaps might have taken off the malignity at least of the accusation.
The peers having in the usual form delivered their verdict of Guilty, his lordship received sentence to be hanged on Monday the 21st of April, and then to be anatomized; but, in consideration of his rank, the execution of this sentence was respited till Monday the 5th of May.
During this interval he made a will, by which he left one thousand three hundred pounds to Mr. Johnson’s children; one thousand pounds to each of his four natural daughters; and sixty pounds a year to Mrs. Clifford for her life; but this disposition of his property being made after his conviction, was not valid; although it was said that the same, or nearly the same provision was afterwards made for the parties named.
In the mean time a scaffold was erected under the gallows at Tyburn, and part of it, about a yard square, was raised about eighteen inches above the rest of the floor, with a contrivance to sink down upon a signal given, in accordance with the plan now invariably adopted; the whole being covered with black baize.
On the morning of the 5th May, at about nine o’clock, his lordship’s body was demanded of the keeper of the Tower, by the sheriffs of London and Middlesex, and his lordship being informed of it, sent a message to the sheriffs requesting that he might be permitted to be conveyed to the scaffold in his own landau, in preference to the mourning-coach which was provided for him. This being granted, his landau, drawn by six horses, immediately drew up, and he entered it, accompanied by Mr. Humphries, the chaplain of the Tower, who had been admitted to him on that morning for the first time. On the carriage reaching the outer gate, the earl was delivered up to the sheriffs, and Mr. Sheriff Vaillant entered the vehicle with him, expressing his concern at having so melancholy a duty to perform; but his lordship said “he was much obliged to him, and took it kindly that he accompanied him.” The earl was attired in a white suit, richly embroidered with silver; and when he put it on he said, “This is the suit in which I was married, and in which I will die.” The procession being now formed, moved forward slowly, the landau being preceded by a considerable body of horse grenadiers, and by a carriage containing Mr. Sheriff Errington, and his under sheriff, Mr. Jackson, and being followed by the carriage of Mr. Sheriff Vaillant, containing Mr. Nichols, his under sheriff, a mourning-coach and six, containing some of his lordship’s friends, a hearse and six for the conveyance of his body to Surgeon’s Hall after execution, and another body of military. The pace at which they proceeded, in consequence of the density of the mob, was so slow, that his lordship was two hours and three quarters in his landau, but during that time he appeared perfectly easy and composed, though he often expressed his anxiety to have the whole affair over, saying “that the apparatus of death, and the passing through such crowds, were worse than death itself,” and “that he supposed so large a mob had been collected because the people had never seen a lord hanged before,” He told the sheriff that “he had written to the king to beg that he might suffer where his ancestor, the Earl of Essex, had been executed; and that he was in the greater hopes of obtaining that favour, as he had the honour of quartering part of the same arms, and of being allied to his majesty; but that he had refused, and he thought it hard that he must die at the place appointed for the execution of common felons.”
Mr. Humphries took occasion to observe, that the world would naturally be very inquisitive concerning the religion his lordship professed, and asked him if he chose to say anything upon that subject; and his lordship answered that he did not think himself accountable to the world for his sentiments on religion; but that he had always believed in and adored one God, the maker of all things; that whatever his notions were, he had never propagated them, or endeavoured to gain any persons over to his persuasion; that all countries and nations had a form of religion by which the people were governed, and that he looked upon any one who disturbed them in it as an enemy to society. That he blamed very much my Lord Bolingbroke for permitting his sentiments on religion to be published to the world. That he never could believe what some sectaries teach, that faith alone will save mankind; so that if a man, just before he dies, should say only “I believe,” that alone will save him.
As to the crime for which he suffered, he declared “that he was under particular circumstances—that he had met with so many crosses and vexations, he scarce knew what he did:” and he most solemnly protested “that he had not the least malice against Mr. Johnson.”
When his lordship had got to that part of Holborn which is near Drury-lane, he said “he was thirsty, and should be glad of a glass of wine and water;” upon which the sheriffs remonstrating to him, “that a stop for that purpose would necessarily draw a greater crowd about him, which night possibly disturb and incommode him, yet, if his lordship still desired it, it should be done,” he most readily answered, “That’s true—I say no more—let us by no means stop.”
When they approached near the place of execution, his lordship, pointing to Mrs.