|
Phoebe Harris,
burnt for coining in 1786. |
Up to
1790, women convicted of High Treason and Petty Treason were
burned at the stake. Although I am sure you
have a perception of what High Treason is, as a crime in those days, it also
encompassed several other offences, notably coining. Coining covered several individual offences
relating only to gold and silver coins, e.g. clipping coins to provide coin metal
for forgeries, colouring coins to make them appear of higher value, making
counterfeit coins and having the equipment to do any of the above. Coining was considered treasonable because it
directly affected the State and confidence in the currency.
The crime.
Under
the name of Mrs. Brown, Phoebe Harris had rented a room from one Joel Sparkes at a house in
Arrest.
At
about
When John Clarke compared the counterfeit shillings to genuine ones, it was
clear that they had been cast from a mould made from a genuine shilling. In all, some 12 counterfeit coins were
discovered, both shillings and sixpences.
One of the genuine sixpences had a hole in it and this was evident in
the counterfeits.
A little later, after the rooms had been searched,
The trial.
Capital
trials at this period took up very little time with a number being conducted
during a single day. The April Sessions
of the Old Bailey in 1786 were held on Wednesday, the 26th of that month,
before Mr. Baron Eyre. Among those
indicted were Joseph Yelland, otherwise known as
Holman, Phebe Harris (spelling of Phoebe as given in
the original indictment) and Elizabeth Yelland, who
were jointly charged with two specimen counts, as follows: “for that they, on
the 11th of February last, one piece of false, feigned, and counterfeit money
and coin, to the likeness and similitude of the good, legal, and silver coin of
this realm, called a shilling, falsely, deceitfully, feloniously, and traiterously did counterfeit and coin, against the duty of
their allegiance, and against the statute.”
There was also a second count of coining a sixpence. The shilling is the equivalent of the current
5p coin, whilst a sixpence is the equivalent of 2.5p. Although in 1786, these two coins had much
greater purchasing power they were still coins of small denomination.
The prosecution
was opened by Mr. Silvester, assisted by Mr. Wilson
and Mr. Garrow led the defence. The case was heard before the 2nd Middlesex
jury, consisting of twelve men. Both sides were able to call witnesses and
cross examine those for the other side. In this case, the Crown called the constables
involved in the raid, together with the landlord and his son. They also called Francis Hardy, who gave
direct eyewitness evidence of the manufacture and colouring of the counterfeit
coins. The coining equipment found in
the rooms was produced in court as evidence.
Hardy also suggested that the group had bought forged coins from other
criminals to pass off as good - also a capital crime then, known as uttering.
He stated in his testimony that she continued with the coining business even
though she knew that Hardy was fully aware of what she was doing. It appears that there had been some
disagreement between Hardy and Phoebe and this may have led to him informing on
her.
The defence was principally based upon the testimony of character witnesses for
each of the defendants who averred them to be people of good character. Phoebe addressed the court as follows “My
Lord and Gentlemen of the Jury, I am an unhappy woman; I was desired by a young
man of the name of John Brown, to take the room, which I did, and he brought
the things found in the room; and desired me to secrete them, and I not knowing
the nature of them, or for what purpose they were intended, did do so, and so I
told the gentleman when they came and took me: as to my sister-in-law, I being
very ill, she came to clean the room for me, and the gentleman found her
cleaning it on her knees: and my brother-in-law came some time after the
gentlemen had been in the room.” She
also called two character witnesses.
The jury took some time in their deliberations before finding Phoebe guilty
and, despite Francis Hardy’s evidence against them,
acquitting Elizabeth and Joseph Yelland. As was
normal sentencing of all those convicted, took place at the end of the Sessions. Nine prisoners were condemned to death, these
being : Hannah Mullins, William Smith, Edward Griffiths, James May, George
Woodward, Daniel Keefe, Jonathan Harwood and William Watts, who were sentenced
to be hanged while Phoebe was condemned to be burned at the stake. Many other prisoners were sentenced to
transportation or imprisonment. Hannah
Mullins and James May were subsequently reprieved to transportation
. The condemned were returned to
Newgate prison to await their fates.
Execution.
Phoebe
Harris was to be the first woman burnt at Newgate, as distinct from Tyburn or
At
Comment.
Only
two more women were to suffer Phoebe’s fate.
These were Margaret Sullivan on the 25th of June 1788 and Christian
Murphy on the 18th of March 1789, both for coining. At the April Sessions of
1790, Sophia Girton was also convicted of this
offence but her execution was delayed until after Parliament had passed an Act
(Act 30 Geo. III, c.48) substituting ordinary hanging for coining offences on
the 5th of June 1790. In fact, Sophia was ultimately pardoned, on condition of
transportation for life to
Executions
by burning at Newgate were distinctly unpopular with the local residents of
what was a respectable business area of the City. They had sent a petition to the Lord Mayor
requesting that Phoebe’s execution be carried out elsewhere. This was an early version of “not in my back
yard” rather than a protest against the severity of her punishment. It was later reported that some locals became
ill from the smoke from her body. There
were similar protests over the Sullivan and Murphy executions and a great
feeling of relief when Sophia Girton was reprieved,
and the whole ghastly business passed into history in 1790. The Sheriffs were also becoming increasingly
unhappy about attending burnings, and it was they who brought forward the Bill
to end this practice. Even though by
this time the condemned woman was dead before the faggots were lit, it must
have still been a gruesome and revolting spectacle and one which conveyed a
feeling of injustice. Men convicted of
coining offences were hanged in the same way as other condemned males. The Times newspaper took up this theme after
Phoebe’s burning and printed the following article: “The execution of a woman for coining on
Wednesday morning, reflects a scandal upon the law and was not only inhuman,
but shamefully indelicate and shocking. Why should the law in this species of
offence inflict a severer punishment upon a woman, than a man. It is not an
offence which she can perpetrate alone - in every such case the insistence of a
man has been found the operating motive upon the woman; yet the man is but
hanged, and the woman burned.” One can
only agree with the “Thunderer’s” sentiments as the
Times came to be known. Other