Delphi Complete Works of Sir Arthur Conan Doyle (Illustrated)

by SIR ARTHUR CONAN DOYLE

  The case of these diabolical criminals, as it was proved at the trial, which took place at Shrewsbury on the 2nd of August 1828, before Mr. Justice Gazelee, scarcely finds a parallel in the whole series which we present to our readers. It exhibits the dreadful features, of a mother and father-in- law combining to procure the commission of murder, to save their son from justice; and that son, the object of their solicitude, procuring the conviction of those by whose means he had been before saved from an ignominious end, for the offence to which they had made themselves parties on his behalf, to relieve himself from the due reward of further crime committed by himself.

  It appeared that, in the neighbourhood of Market Drayton, on the borders of Shropshire and Staffordshire, there existed a dreadfully depraved set of people; and that a gang, to the amount, it was said, of from forty to sixty, was confederated for general purposes of plunder. The nucleus of this gang consisted of several persons, closely knit by ties of relationship, of connexion, and of neighbourhood, as well as of guilt; while the general depravity of the district enabled them, as occasion required, to add to their numbers, to almost any extent. One of these persons, by name Thomas Ellson, was in 1827 taken up for stealing potatoes; and, whilst in jail upon that charge, an accusation of sheep-stealing was brought against him. The chief evidence upon which this latter charge, a capital one, depended, was that of a man who had occasionally joined in the proceedings of the gang, named James Harrison. It became, therefore, the object of the friends of Ellson to get this man out of the way. First, they determined to poison him; and Ellson’s father-in-law, John Cox, went to an apothecary’s shop to buy arsenic for that purpose. The boy in the shop refused to sell it to him, unless some one else were by, which, as there was no one else in the house, could not then be the case; and Cox, probably not liking such formal proceedings, retired.

  The next step was one of the most extraordinary in the whole case. Ann Harris, Ellson’s mother, who had married a second husband of the name of Harris, went to a woman living in Drayton, whom she knew, and asked her if her husband were not going to Newcastle. The woman answered that he was. “I wish then,” said Harris, “that he would buy me an ounce of arsenic.” “What do you want it for?” “I want it to poison that damned scoundrel, James Harrison.” — The woman upon this remonstrated — assured her it was a very wicked thing to poison James Harrison, — and, after some conversation, old Ann Harris went away, promising that she would not carry out her expressed intention.

  Poison having failed, it was determined to have recourse to more direct means; and Ann Harris and old Cox subscribed fifty shillings apiece, to hire Cox’s two sons, and a young fellow of the name of Pugh, to put Harrison to death! Harrison lodged in the house of Pugh’s father, and, it was said, occupied the same bed with Pugh himself. On the night of the murder, Pugh, to use his own expression, “‘ticed” Harrison out of the house, to go and steal some bacon. At a spot previously agreed upon, they met the two younger Coxes; and proceeding to a remote place, Pugh seized Harrison by the throat, while John Cox, the younger, took hold of his legs, and throwing him down, they strangled him. Meanwhile, Robert Cox was digging the grave!

  The wretched man thus disposed of, everything remained perfectly quiet and unsuspected. It was generally supposed that he had gone out of the way to avoid giving evidence on Ellson’s trial; though it seems very extraordinary that, after the latter had been acquitted, the non-return of Harrison excited no suspicion. No supposition of his death, however, appeared to have arisen, and the murder was discovered only by the means of Ellson himself. As soon as this fellow came out of jail, the Coxes, Pugh, and his mother, at various times, sometimes when several of them were together, and sometimes separately, told him all that had taken place, vaunting to him how they had saved him. The very night of his release, old Cox, one of his sons, and Pugh, bragged to him, that “if it had not been for them, he would not be there,” — and the next day, when he was at his mother’s, Robert Cox came thither, and said to her with oaths and abuse, “If thee doesn’t give me more money, I will fetch him, and rear him up against thy door!” — alluding to the murdered man!

  Nothing, however, transpired till towards the end of June 1828, when Ellson was taken up for stealing fowls, and then, in order to save himself from the punishment attending this offence (at the most seven years’ transportation), he told all that the guilty persons had told him; and on his evidence they were apprehended.

  Such are the facts of this revolting case; but we must describe some of the peculiarities of the trial itself.

  The five prisoners were placed at the bar: old Ann Harris stood first; — she seemed what would ordinarily be called a smart old woman — her features were small and regularly formed, and her countenance was remarkable only for a pair of exceedingly keen and sparkling black eyes, the expression of which, however, was certainly in no degree indicative of ferocity. Old Cox stood next to her, and his countenance presented a most unpleasing, almost revolting, aspect. It was easy to believe the current story that he was at the head of the gang at Drayton — the very patriarch of all the thieves and scoundrels in that part of the country. He had, undoubtedly, brought his sons up to robbery as to a trade, and he had now hired them to commit murder! The two sons were next to him, and were not remarkable in their aspect. Pugh was last — and he was an ill-looking fellow enough, though not strikingly so.

  As the trial proceeded, one of its peculiarities soon became apparent. This was that a vast proportion of the witnesses were of the closest kindred to the accused. And what was more horrid, was the fact of the father of the murdered man being called to speak to the identity of the body, which, having lain in the earth nearly a year, was so totally decomposed as to be recognizable only by the clothes; but to this the father added that “the colour of the hair was that of his son!”

  It shocked all present greatly, when the father and mother of Pugh were called to speak to some minute facts with regard to the night on which Harrison was murdered, with reference to his leaving their house, where he lodged. The chief evidence was what the prisoners themselves had told to Ellson; but he being a person of execrable character, it was necessary to support his testimony by every corroborative circumstance that could be proved. Accordingly, in the early part of the trial, these wretched old people were brought forward to give testimony to facts bearing against their son’s life: they were but very slight, but, as far as they went, they were confirmatory of the main story; and it is difficult to say whether the extreme coolness and composure with which the parents gave their evidence were not still more dreadful than if they had been violently affected.

  Besides Ellson himself, there were also his wife, who was the daughter of one and the sister of two of the prisoners, and his sister, who was the daughter of another, called as witnesses! These young women also gave their evidence without strong emotion, although they certainly seemed far more impressed with the position in which they stood than the other witnesses named.

  Ellson was calm, decided, and firm, to a degree which gave rise to unmingled disgust in every one who heard him. It will be recollected that the crime had been committed to save him — Pugh certainly committed the murder for hire; and the Coxes, perhaps, might have had some interests of their own mixed up with his; — but, even as regarded these last, the first object had been his escape; and his mother undoubtedly had dyed her hands in blood, solely to save her child.

  The witness was a fine, well-looking fellow of about five-and-twenty — and, undoubtedly, until the severe cross-examination he underwent caused a struggle — though a perfectly successful one — to keep down his temper, his countenance was rather agreeable than otherwise. His story was clear, consecutive, and, no doubt, true. Each individual concerned in the transaction had, immediately on his release from jail, very naturally told to him, for whose sake it had been committed, all the circumstances regarding the murder. Pugh appears to have been the most detailed in his account, and to have rather bragged that i
t was he who “‘ticed un out o’ feyther’s house, to steal some bacon,” — and that it was he who had “gripped un by the throat.” In some instances, the Coxes were present during these recitals, and at others they spoke of the subject to Ellson themselves. While this part of the evidence was going forward, the strongest horror was excited against the perpetrators of the crime — so treacherous as it was in its concoction, and so coldly cruel in the manner in which it was carried into effect. Moreover, the idea that Pugh certainly altogether, and the two young Coxes in great part, had committed this murder for hire was a circumstance of a character so new, and so awfully depraved, that the story carried the auditory along with it, and they forgot altogether the scoundrel who was telling it. But when he came to speak of his own mother, what must have been their sensations! Her guilt, dreadful as it was, almost disappeared; the thought could be only of the unnatural and ungrateful villain, who, to save himself from a light and temporary punishment, was thus giving to the gallows the mother who had born him, for a crime caused by her extravagant affection for him. He repeated twice or three times, in answer to the questions of the examining counsel, who felt it necessary to make the matter quite clear, that his mother had told him that she and old Cox had given fifty shillings a piece to have Harrison murdered. He said this as calmly as any other person would narrate any indifferent fact — and his mother’s eyes were on his face all the time!

  Mr. Charles Phillips cross-examined the witness at great length, very severely, and very skilfully: he drew from him that he had been in jail repeatedly, almost constantly, for theft of all kinds and descriptions; and he drove him into attempts to shuffle, very nearly approaching to prevarication, on several minor points, not connected with the case. But, regarding the case itself, he was not shaken at all; and although the universal sensation in the court must have been that of loathing and disgust for the mercenary cold- bloodedness of the proceedings to which he had had recourse, no serious doubt could for one moment be entertained that he was telling the truth.

  The jury under these circumstances were compelled to return a verdict, consigning the wretched prisoners to a violent death.

  The extreme sentence of the law was immediately passed upon the convicts, and their execution was appointed to take place on the following Monday, the 4th of the same month.

  On the next day, a reprieve was granted in the case of Robert Cox, one of the sons, upon grounds which do not appear to have been well understood at the time, and he was transported for life. A respite for a week was also granted in the case of the elder Cox, and Ann Harris, who had been convicted only as accessories before the fact; but the awful punishment of death was left to be carried out in its due course upon Pugh, and John Cox the younger. The former, after his trial, declared his sense of the justice of his sentence, and that he regarded the termination of his career as a happy one, for that he constantly saw Harrison by his side; while the latter, with cold-blooded firmness, urged him to keep up his spirits, for that “he could die but once.”

  The execution had been appointed to take place at mid-day; and at a few minutes before twelve o’clock all the convicts, together with Ellson, were drawn up in the inner yard of the jail. Pugh and Cox were then pinioned; and while Ann Harris, old Cox, and his son Robert, were reconducted to the jail, Ellson was carried to a spot from which he must witness the conclusion of this dreadful scene. The authority by which this course was adopted, may well be doubted, for the miserable wretch was undoubtedly entitled to his discharge, as the indictment against him had been withdrawn; but it is probable that it was thought that the example afforded by such a proceeding might tend in some degree to check the thirst for crime, which appeared to exist in that district of the county.

  The miserable convicts were directly afterwards led to the scaffold, dreadfully agitated, and uttering ejaculations imploring mercy for their sins; and all being in readiness, the drop fell, and they were launched into eternity.

  The sentence of the wretched mother of Ellson, and of old Cox, was subsequently changed for that of transportation; and with this bare recitation of its facts, we shall close the scene upon this frightful case.

  * * *

  THE END

  THE DEBATABLE CASE OF MRS. EMSLEY

  IN the fierce popular indignation which is excited by a sanguinary crime there is a tendency, in which judges and juries share, to brush aside or to treat as irrelevant those doubts the benefit of which is supposed to be one of the privileges of the accused. Lord Tenterden has whittled down the theory of doubt by declaring that a jury is justified in giving its verdict upon such evidence as it would accept to be final in any of the issues of life. But when one looks back and remembers how often one has been very sure and yet has erred in the issues of life, how often what has seemed certain has failed us, and that which appeared impossible has come to pass, we feel that if the criminal law has been conducted upon such principles it is probably itself the giant murderer of England. Far wiser is the contention that it is better that ninety-nine guilty should escape than that one innocent man should suffer, and that, therefore, if it can be claimed that there is one chance in a hundred in favour of the prisoner he is entitled to his acquittal. It cannot be doubted that if the Scotch verdict of ‘Not proven,’ which neither condemns nor acquits, had been permissible in England it would have been the outcome of many a case which, under our sterner law, has ended upon the scaffold. Such a verdict would, I fancy, have been hailed as a welcome compromise by the judge and the jury who investigated the singular circumstances which attended the case of Mrs. Mary Emsley.

  The stranger in London who wanders away from the beaten paths and strays into the quarters in which the workers dwell is astounded by their widespread monotony, by the endless rows of uniform brick houses broken only by the corner public-houses and more infrequent chapels which are scattered amongst them. The expansion of the great city has been largely caused by the covering of district after district with these long lines of humble dwellings, and the years between the end of the Crimean War and 1860 saw great activity in this direction. Many small builders by continually mortgaging what they had done, and using the capital thus acquired to start fresh works which were themselves in turn mortgaged, contrived to erect street after street, and eventually on account of the general rise of property to make considerable fortunes. Amongst these astute speculators there was one John Emsley, who, dying, left his numerous houses and various interests to his widow Mary.

  Mary Emsley, now an old woman, had lived too long in a humble fashion to change her way of life. She was childless, and all the activities of her nature were centred upon the economical management of her property, and the collection of the weekly rents from the humble tenants who occupied them. A grim, stern, eccentric woman, she was an object of mingled dislike and curiosity among the inhabitants of Grove Road, Stepney, in which her house was situated. Her possessions extended over Stratford, Bow, and Bethnal Green, and in spite of her age she made long journeys, collecting, evicting, and managing, always showing a great capacity for the driving of a hard bargain. One of her small economies was that when she needed help in managing these widespread properties she preferred to employ irregular agents to engaging a salaried representative. There were many who did odd jobs for her, and among them were two men whose names were destined to become familiar to the public. The one was John Emms, a cobbler; the other George Mullins, a plasterer.

  Mary Emsley, in spite of her wealth, lived entirely alone, save that on Saturdays a charwoman called to clean up the house. She showed also that extreme timidity and caution which are often characteristic of those who afterwards perish by violence — as if there lies in human nature some vague instinctive power of prophecy. It was with reluctance that she ever opened her door, and each visitor who approached her was reconnoitred from the window of her area. Her fortune would have permitted her to indulge herself with every luxury, but the house was a small one, consisting of two stories and a basement, with a neglect
ed back garden, and her mode of life was even simpler than her dwelling. It was a singular and most unnatural old age.

  Mrs. Emsley was last seen alive upon the evening of Monday, August 13th, 1860. Upon that date, at seven o’clock, two neighbours perceived her sitting at her bedroom window. Next morning, shortly after ten, one of her irregular retainers called upon some matter of brass taps, but was unable to get any answer to his repeated knockings. During that Tuesday many visitors had the same experience, and the Wednesday and Thursday passed without any sign of life within the house. One would have thought that this would have aroused instant suspicions, but the neighbours were so accustomed to the widow’s eccentricities that they were slow to be alarmed. It was only upon the Friday, when John Emms, the cobbler, found the same sinister silence prevailing in the house, that a fear of foul play came suddenly upon him. He ran round to Mr. Rose, her attorney, and Mr. Faith, who was a distant relation, and the three men returned to the house. On their way they picked up Police-constable Dillon, who accompanied them.

  The front door was fastened and the windows snibbed, so the party made their way over the garden wall and so reached the back entrance, which they seem to have opened without difficulty. John Emms led the way, for he was intimately acquainted with the house. On the ground floor there was no sign of the old woman. The creak of their boots and the subdued whisper of their voices were the only sounds which broke the silence. They ascended the stair with a feeling of reassurance. Perhaps it was all right after all. It was quite probable that the eccentric widow might have gone on a visit. And then as they came upon the landing John Emms stood staring, and the others, peering past him, saw that which struck the hope from their hearts.

  It was the footprint of a man dimly outlined in blood upon the wooden floor. The door of the front room was nearly closed, and this dreadful portent lay in front of it with the toes pointing away. The police-constable pushed at the door, but something which lay behind it prevented it from opening. At last by their united efforts they effected an entrance. There lay the unfortunate old woman, her lank limbs all asprawl upon the floor, with two rolls of wall-paper under her arm and several others scattered in front of her. It was evident that the frightful blows which had crushed in her head had fallen upon her unforeseen, and had struck her senseless in an instant. She had none of that anticipation which is the only horror of death.