The Trial of Henry Carey and William Pickett
Lincolnshire Summer Assizes
1859
The County Hall
On Saturday, 23rd July, 1859, Justice Williams arrived by
the 5.20 train at the Midland station, at which he was received
by Charles Thomas Samuel Birch Reynardson, Esq., High Sheriff of
the county, accompanied by his chaplain (the Rev. John Birch
Reynardson), John Smith, the City Sheriff, the Under Sheriffs,
and the customary officials. The Cortege immediately proceeded to
the City Sessionshouse, where the city commission was formally
initiated; after which an adjournment till Monday morning took
place. On the Sunday morning the Judges, Chief Justice Erle
and Justice Williams, went in state to the Cathedral to attend
devine service. The prayer and lessons were read by the Rev. John
S. Gibney, M.A., and the sermon was preached by the Sheriff's
chaplain, from the 23rd verse of the 13th chapter of the book of
Jeremiah. "Can the Ethiopian change his skin, or the leopard
his spots! Then may ye also do good that are
accustomed to evil." The sermon had an
appropriate bearing to the occasion, being devoted to a
consideration of the extreme difficulty of overcoming bad habits,
and the necessity and the duty of overcoming them, every man
having to work out his own salvation, though at the same time it
is the free gift of God. A few words of advice and caution
were also given to those who had not contracted criminal habits,
as well as to those who had.
Crown
Court
Monday, 25th July, 1859
Justice Williams took his seat on the bench at 11 a.m., when the
grand jury had been sworn in, he briefly addressed the grand jury,
he remarked that it was the first time he had had the honour of
charging a grand jury for the county of Lincolnshire, and, such
being the case, he more especially regretted that it was his duty
to address them on a calendar of so grave and distressing a
character as that before him. When it came to the
indictment for murder, he told the jury that evidence was such,
that they had know choice but to find a true bill.
Crown
Court
Wednesday, 27th July, 1859
The Trial
was held at the County Hall, which is on the west side of the
castle yard. It is an elegant structure in a Tudor style
of architecture, and was completed in 1826. The court
room is nearly square. Directly opposite the entrance, which is
in the middle of one side, is the Judge's seat ; before him are
the seats for the councillors, the bar, and witness box. From
this part to the entrance, the floor rises gradually like the
gallery of a theatre, giving an opportunity for every one to see
the business of the court. Immediately on the doors being opened,
the court was crowded to excess, as it was expected that the
Sibsey murder case would be tried. Before the murder case
came up, their were four case`s heard, two cases of poaching, one
of obtaining goods by false pretences and one case of bigamy. In
all four case`s the defendant was found guilty.
The dock where the defendants sat.
The Honourable Sir Edward Vaughan Williams, being the
Judge. Mr. Stephan and Mr. Huish conducted the
prosecution; Mr. Macauley and Mr. Flowers defended Pickett;
and Carey was undefended. The indictment was read out, Pickett
pleaded not guilty, and Carey said, in a loud voice, "I am
guilty of the robbery, but not of the
murder".
Mr. Stephan, in opening the case, said that if the jury were not
sufficiently impressed with the solemnity of the duty and the
great responsibility they now had to perform, he was certain not
anything he could say would effect them. He was perfectly
satisfied they were certain perform that duty with the strictest
impartiality and all absence from favour, and he was quite
certain that no observation of his could produce any effect
on their minds; therefore he should, without any further preface,
proceed to the discharge of that most anxious and responsible
duty of the law had imposed upon him.
He would state concisely to them the particulars of the charge
against the prisoners at the bar. On the evening of the 16th of
March, four men were drinking at a small public-house in the
parish of Sibsey Northlands. One of them was the man into the
cause of whose death they were called upon to enquire. The
second person was an individual of the name Sands, and the third
and fourth were the two prisoners standing at the bar. About
half-past ten, the two prisoners left the house together; they
were shortly afterwards followed by Stevenson, who lived in the
village of Stickney Westhouses, about a mile distant. He was
never more seen alive. The next morning, a Mrs. Semper,
while walking up the road leading to Stevenson's house saw what
she imagined was a slop floating in a small sewer which runs by
the side of the road. On a further investigation, she saw it was
a body, and when this body was taken out of the water, it was
found to be the body of Stevenson. On his skull were fearful
fractures; clearly showing that considerable violence had been
used by someone in taking his life. Near his body four bludgeons
were discovered, marked with blood and hair, with which, no
doubt, the bloody deed was effected.
His pockets were emptied of everything valuable, showing that
robbery as well as murder had been the object of those who
attacked him. On the road, about 70 yards from where the body was
discovered, marks were observed of a severe struggle, and
footmarks of a peculiar description were plainly perceivable.
Those footmarks would be produced in court. The jury would hear
from the medical evidence that the blows on the head were the
cause of death; that these blows could not have been inflicted by
the deceased's own hands; and this, coupled with other
circumstances, would not leave the slightest doubt on their minds
that the deceased had been most foully and brutally murdered. The
question then would arise, who were the murderers ?
He would now show how the prisoners were connected with the
crime. The jury would remember that the prisoners and the
murdered man left the house nearly at the same time. Early the
next morning the two prisoners were discovered asleep together in
a hovel near the scene of the murder. When examined, both the men
gave various accounts of the manner in which they spent the
night, and their clothes were marked with spots of blood. In
Carey's pocket was found a knife which would be identified by the
son of the murdered man, as his fathers property, and his boots
when compared with the with foot-prints discovered at the scene
of the struggle were found to correspond in every particular.
Other foot-prints were found near the scene of the struggle, but
they could not be identified as Picketts, and no part of the
property was found on his person. When taken to the magistrates,
however, he made a statement which would be put in
evidence, clearly showing that he was present when this horrid
deed was perpetrated. They (the jury) must not permit any portion
of the confession to prejudice the other prisoner. In this
confession Pickett attempts to make it appear that he was an
unwilling witness of the murder, an that the only share he had in
the transaction was the lifting of the body across the road,
and this was done under fear of threats by the other man.
The idea was absurd, because, if he had so desired, he could have
run away and roused up the neighbours. The jury therefore would
have to discriminate in this confession which was true and which
was false.
Mr. Stephens concluded a very able address by advising the jury,
if they had reasonable doubts to give the prisoner the benefit of
those doubts; but if the facts detailed were clearly
proved, then, however painful it might be to their feelings, they
must bring in a verdict of "Guilty," and let the law
take its course.
Robert Stapleton produced a plan of Sibsey West Fen.
Certain streets were pointed out by Captain
Bicknell and Sergeant Jones.
David B. Richardson, landlord of the Ship Inn, Sibsey Northlands,
testified there was company in his house on the 16th of March
last. They were William Stevenson, Edward Sands, Henry Carey,
William Pickett and other parties. They staid till half past 10.
The above four staid last.
The deceased left about three minutes after Carey and Pickett,
who left together. Carey was a little the worse for drink,
Pickett was sober. Stevenson was a little the worse for drink.
The deceased's house is a little more than a mile from witness.
Deceased went towards home, over Northlands bridge. One of
them said he was to put a quart of ale in a bottle to go to the
boat. He gave them three half pints. He found them again on the
following morning when he came down stairs, Pickett said,
"Good morning, I have brought you your bottle back, and
another I have had sometime. Stevenson was a strong man of his
age, which was upwards of sixty.
Sarah Semper, wife of Edward Semper, lives near deceased. Was
going from home on the morning of the 17th March, and saw
something in a ditch, which she took to be a slop, but on looking
found it was a body. She went back and called her husband. This
was about 7 o'clock in the morning.
Edward Semper went with his wife, and to draw the body out.
Coates and young Stevenson came up. The sewer is 8 to 9 feet
wide, and 4 to 5 feet deep. The water was clear.
Joseph Coates lives in a house by Cherry Corner, a quarter of a
mile from Stevenson's house. He helped to take out the body and
carry it home. On carrying it home he noticed foot-marks which
appeared to be crossing the road, as if they had been dragging
something heavy across from the opposite side of the
lane to the sewer. This is about 80 yards from where the body was
found. There appeared as if there had been a struggle on the
opposite side of the way. The grass appeared trodden down,
and there was blood upon the grass. There is a ditch upon the
opposite side from the sewer. He found a hedge stake there
broken, he thinks in three pieces. There were some drops of blood
on some of them. He gave them to William Stevenson, son of
deceased. In the hedge he saw mud, as if person had been getting
over out of the sewer, on the opposite side of the sewer.
He went for the police, and was gone for about three quarters of
an hour. When he came back the footmarks were in the same
condition. He watched them till the prisoners were taken
up. He found the footprint marked "A" in the direction
from the sewer. The foot-mark "B" was crossing to the
sewer. These are the foot-prints he saw near where the struggle
took place. There was a mark of blood very distinct on the
foot-print "B". A third foot-print was made in
the witness's presence by the Superintendent of Police with
a boot. He compared his foot-print with the other foot-prints at
the time it was made, on the 18th March, and they exactly
corresponded. They had three rows of nails round the outside and
two down the middle. They are silt roads. The ground was quite
wet on the Thursday. They are not quite so distinct as they were
at that time.
William Stevenson, son of the murdered man, who lived with
him, testified, where the body was found was about a
hundred yards from the house. He assisted to take out the bag
with Edward Semper and Joseph Coates. They took him out and
rifled his pockets. They found sixpence, a door key, and a penny.
The sixpence was in the right hand pocket, the door key in his
slop pocket, and the penny in his left hand waistcoat pocket. His
spectacles were in his right hand waistcoat pocket.
They took the body to the witness' house. They then went to where
he had been pulled out of the sewer. Witness went about 70 yards
further down the bank on the opposite side of the sewer, and on
the hedge there were marks as if some one had torn the bark off
the layers. The hedge had been newly plashed. He also
observed marks of blood and mud as if a person had climbed over
the hedge. He went into the field on the other side of the hedge
belonging to Mr. Musgrave. He observed, about 70 yards nearer his
house two more bludgeons, and about 12 yards from the hedge was a
pool of blood, and it appeared as if something had been trailed
from the pool to the hedge, when he saw footmarks as if some one
had trailed something very heavy across the road in the
direction of the sewer. He observed a stake in the dyke, and
another stake in the sewer. (The stakes were produced.) The
one found in the dyke was in three pieces. There were marks of
blood on it. He found another stake in the river in five pieces
ten yards from where the bag was found. There was some blood and hair on
the grass on the other side of the road. There seemed to be a
good deal of trampling about in the sewer, directly opposite
where the struggle took place. The water was clear, on the other
side of the sewer there were also appearances. There were blood
marks on the way. On the hedge there was a deal of blood and
hair. This is exactly opposite to where his father was found. The
bludgeons were broken into pieces.
His father left home to go to Boston market about eight o'clock
in the morning. He had from £3 to £4, in his pocket. Witness
had lent him £2, the previous Monday, which had not been repaid.
Witness searched the house after his decease, but no money was
found. Cross-examined: The pieces of bludgeon found in the sewer
was about 10 yards from the struggle. He found them on Thursday
morning. Coates was with him when they found the bludgeon. The
pieces were floating in the water.
Thomas Green said, he lives at Sibsey Northlands.
Remembered Thursday the 17th of March. Saw Pickett on that
day. He came to witness' gate. He said, "Poor old Mr.
Stevenson has got thrown into the dyke." He should
have "Banks" Richardson taken up and Edward Sands,
William Pickett, and Henry Carey. Witness did not say anything to
him. Pickett then said, "he did his bit." ( From
the peculiar manner in which the witness gave his
evidence there was much laughter in the body of the court, on
which his Lordship said he never witnessed a more
disgusting exhibition in a trial for life or death, and if
it were repeated he should have that part of the court
cleared.) Stevenson bought some pigs of witness'
"Missus," and about a week before he had paid for them
with a £5 note, and witness gave him a sovereign in
exchange.
George Sands lives at Sibsey Northlands, about half a mile from
the "Ship." He went into his hovel on Thursday morning
between five and six o'clock. He saw the prisoners lying in the
hovel, apparently asleep. He caught one of their feet, and then
turned round and said "what do you do there?" They got
up and went away towards Sibsey Northlands.
Elijah Jones, police-sergeant, went to a road near Cherry Corner
on the 17th of March, about half past nine o'clock in the
morning. He went to a place called Musgrave's field, and found
there a pool of blood. It was about 15 yards from the fence near
the road. There was some skin and hair in the pool of blood. Near
the pool he found two sticks. They are the same spoken to by
Stevenson. The grass was laid, as if something had been thrown
over it. There were several pieces of blood on the grass between
the pool and the hedge, which would cover half a foot. He
afterwards examined the road on the other side of the fence, a
place where there had been apparently a struggle. There were some
footmarks. Four were particularly distinct. They were the four
produced in court. Two pointed from the sewer and two to the
sewer. "A" and "B" pointed from the sewer,
and "C" and "D" pointed towards the sewer. He
observed a spot of blood on the foot mark "D". The
ground appeared as though there had been a scuffle, we placed
sods over them, and buckets, to secure them. He afterwards
removed them in the boxes produced. After that he went to the
Ship Inn. He saw Henry Carey in the tap-room. It was about
quarter to ten. He called Carey into a private room, and asked
him whether he had seen anything of Stevenson last night. He said
he had seen him in the tap-room. There had been a dispute between
Stevenson and Sands. Sands wanted to go home, but Stevenson would
not let him. Witness asked him where he slept. He said, "On
George Sands' premises with Pickett." He saw Pickett at half
past one the same day at Cridling's house, took him into custody,
and charged him with the murder of William Stevenson. Pickett
said, "Go along with you." He asked him where he
slept last night. Pickett said in his father's stable all night.
He asked him who slept with him. Pickett answered, "Henry
Carey came to me at five o'clock this morning." He
apprehended Carey about two o'clock, and charged him with being
concerned in the murder of William Stevenson. He gave
witness a direct answer. He was drunk, violent, and used bad
language. It was in the tap-room of the Ship Inn. He took off
Pickett's boots, and Carey's also. He then searched Pickett's
pockets and found a pocket-knife, one small key, one pocket comb,
whistle, three half-pence in copper, and a porte monnate. He took
off his smock, and observed several places where he
believed there had been blood, and also on his right foot boot.
He also noticed Carey's boots, and there was what he believed to
be blood on the right foot toe, about the size of a shilling. He
had these things in his custody since, and yesterday morning
delivered them to Mr. Broadbent. He searched Carey's
pockets and found three knives, one purse, four and threepence
half-penny in money, one tobacco box, and sundry other articles.
He took Carey's boots to the spot where there were marks of the
struggle and compared them with the foot-marks he had described.
He could not find any to correspond with Pickett's. The
foot-marks exactly corresponded with Carey's boots. - Cross
examined: The foot-mark "A", was near the grass on the
back of the sewer. The foot-mark "B", was nearer the
middle of the road. "C" and "D" were nearly
half a yard distant, pointing the opposite way.
Joseph Coates recalled: Was present when fresh footmarks were
made by Carey's boots, and they exactly corresponded. There had
been two nails put in the toe, which made peculiar marks. There
were several footmarks when he first saw them.
William Stevenson was then recalled: Recognised one of the
knives found on Carey as belonging to his father.
Supt. James Strugnell, compared Carey's boots with the
impressions: they corresponded exactly. That was about 6 o'clock
on the Thursday evening. On the same day he took a slop and
waistcoat. There were marks of blood on the waistcoat and slop.
They were fresh marks. There was blood on one of the buttons of
the right sleeve. There were marks on the front of the waistcoat.
On the following Saturday he examined Pickett's trousers,
and found blood upon them, and also upon his left boot. He also
found blood upon Carey's right boot, and also some hair mixed
with grass. There were some marks of blood on Pickett's shirt,
which has been cut to be analysed, - Cross examined: There was a
small spot on the left and a larger spot on the right boot.
Edward Taylor, policeman, was with Jones when he
apprehended Pickett and Carey. They were left in his
custody. While in the superintendent's cart at Sibsey Northlands
Pickett said to Carey, "I would rather lose £20, than be in
this mess." Carey made answer, "If we had not been
there in the mess we should not have been here. Banks is in the
mess and all." Pickett stated whilst at Stickney,
"I slept on the premises of George Sands all night. Carey
was there, too, but not with me: he slept at the other end of the
hovel." Carey said, "I slept on the premises of George
Sands with Pickett. " They were both together. Carey also
said, "I never saw Stevenson after he left the public-house.
I am innocent of the charge. I lodge at the Star, and if I am not
there by ten o'clock they don't let me in. The voluntary
statement of Pickett made at Spilsby, was then put in and read.
"Carey and me left the public-house on Wednesday night
between 10 and 11 o'clock, and went down to my fathers house. I
went up to my father's door, and he had gone to bed. Carey stood
against father's gate when I came out again. He said let us go
over the drain in your father's boat. I said, 'What for ?' He
said, 'I was working for George Sands, and I killed
two rabbits in the close, and if you will go with me I will give
you one.' I went with him till we came to Mr. Teesdale's house.
He drew a stick out of Mr. Teesdale's fence. He said, 'very
likely Mr. Drury's dog will come out, you had better have one and
all.' I said, 'No, I'll go without. 'Going on down the lane
past Mr. Coates' house we overtook Mr. Stevenson. Carey said to
me, 'Lets kill the old b-----, I think he's got some money.' I
said, 'No, don't meddle with the old man. ' He said, 'I
will.' He hit him right on the side of the head, knocked him
down, and put his hands in his pockets, and said, 'Let us have
the old b------'s money.' He got off him again , and hit
three or four times over the head with the stick. He said to
me, ' Take hold of his head.' I said, 'No.' He said, 'I you
don't I'll serve you the same.' I took hold of his head, and
helped him to throw him into the sewer. He then went across the
road again to fetch his stick. The old man was standing up in the
dyke then. He hit him two or three more times, when the old
man climbed up to get over the hedge. I went on as far as
Mr. Coates' yard then, Carey went the other way. I thought I
would go round and assist the old man get home. When I got within
a few yards of him, I saw Carey coming up to him again, with a
piece of wood or stick on his shoulder. When I got up to the old
man, he struck him on the head and knocked him down, and hit him
7 or 8 times on the floor and broke the stick to atoms. The
old man tried to get up again, when he got a piece of hedge stake
or thorn and beat him about the head till he was dead, and
trailed him down to the hedge next to the sewer dyke, saying to
me, 'Take hold of his legs, and we'll throw him into the sewer.'
I said, 'What for ? Let him be.' He then reared him up on his
head on the hedge-layers and tumbled him into the sewer. He then
went on to Mr. Stevenson's house, and I went on to Mr. Coates
house. When got on the bank Carey overtook me, and said, ' The
old man is dead: he does not stir in the water at all.' He
said, 'I've got a sovereign, a half-crown, a
shilling, and a handful of papers, (I don't know what they are,)
and two bags.' Going on for a while I came to my father's seven
acre field he said, 'I'll hide these papers here.' And he hid
them under some grass on the bank side just, against the tunnel.
We went on till we came to my father's little boat, and went over
the river in it, and when I got over I went up to my father's
house. I said, 'I shall go and lay down a bit.' Carey said, 'I
shall go and all where you do.' I said I would not take him
there, so we went on as far as my brother John's house: went
across his garden and across to Mr. Sands hovel, and tumbled over
my foot. Carey and me then went to Richardson's. There he took
out of his pocket the two bags he had taken from Stevenson
with the money, and put a stone into them and threw them into
Richardson's pit. Signed, William Pickett."
Carey's statement was: "I can say that Stevenson, Pickett,
and Sands were drinking at Richardson's. I took a bottle of ale
to the boat, and it was locked up. We then went to George
Sands'. Jos Grey of Sibsey, made the light boots, and he
can satisfy you about them."
Captain Bicknall, chief constable of the county, was present at
the examination of the prisoners on the 22nd March, and
heard the statement made by Pickett. On the following
morning went to a field in the occupation of Pickett's father,
about half-past seven in the morning. Outside the field, close to
the gate, he found these papers. They were placed close to a
tunnel in the grass.
James Millard, schoolmaster at Sibsey, prepared a notice to quit,
which he served on deceased on 23rd February.
Eleanor Lenton identified one of the bags as belonging to Mr.
Stevenson, which she made herself.
Benjamin Anderson Smith, surgeon, resides in Sibsey. On the 18th
March he examined the body of Stevenson. On both hands and the
right arm there were livid discoloration's. On the right hand
skin was abrased. On the eyes and nose there was a livid
appearance, occasioned by extravasated blood. The skin was broken
on the left side of the nose. The nose was twisted towards one
side of the face. On top of his head was a large contused
lacerated wound. It freely exposed the bone. On the back of
the head was a very large irregular fracture, the scalp being
separated from the back part of the head. The skull was fractured
in several places. Some of them were deeply depressed or driven
into the wound. At the lower part of the skull the brain
protruded. The pieces were driven in upon the brain. The cause of
death was pressure to the brain. The sticks produced would
have inflicted wounds like those described.
He was present at the coroner's inquest on the 18th March. He saw
the prisoner's clothes. He could not swear that the marks on them
were produced by blood. He looked at the clothes and saw several
spots on one of the slops and one of the boots, which he was
inclined to think were blood, but he could not swear it.
Captain Bicknell re-called: Carey made no statement. He was not
present when Pickett's statement was made.
Edward Farr Broadbent, surgeon, received some clothes from Jones.
He examined some pieces cut from a blue slop, and examined them
by microscope. He was not enabled to say whether it was human
blood, but it was blood of a warm blooded animal.
He also examined Carey's slop, and some spots of blood on Carey's
waistcoat. He examined Pickett's boots, but found no blood on
them. There was hair and blood on Carey's boot. The hair was
human hair from the head.
Mr. Macaulay rose to defend Pickett, and
first remarked that except the voluntary statement made before
the magistrates there was not a tittle of evidence to connect him
in any way with the murder. None of the murdered man's property
was found upon him, his boots did not correspond with any of the
prints left near the scene of the struggle, this had been
attempted to be explained away by the remark that his shoe soles
presented no peculiarity; but on being presented to the court the
only difference discernible was that Carey's boots had three rows
on the outside and two on the inside, and Pickett's had three
rows on the inside and two on the outside.
Now what were the facts of the case which had been adduced: A
drunken man (Carey), and a sober man (Pickett), leave a
public-house together, they proceed across a drain and meet an
old man. The drunken man, in his semi-mad state, suddenly
proposes to kill the old man, and immediately attacks him with
great violence and knocks him down. The sober man becomes rooted
to the spot by the horrid deed; he is ordered by the drunken man
to assist in removing the body, and is threatened that if he does
not assist he shall be served in the same way. Was there anything
so very absurd, or improbable in that?
The man thus attacked crawls across a sewer, and the drunken man
starts off running down the lane, the other man goes up the lane,
and, according to his voluntary statement, crosses over the
bridge near Coates' house, with the intention of assisting the
old man. When he arrives there he finds his companion there
before him, again armed with a cudgel, beating in the old man's
brains. In a few seconds the horrid tragedy is completed, and
then they leave the scene were this foul and unnatural deed was
perpetrated. Impressed with a sense of the terrible nature of the
crime in which he has been an unwilling participator, Pickett
makes various attempts to leave his companion, but no, he cannot
shake him off, and they sleep together in a hovel.
The next day they are apprehended, and the first time they appear
before a magistrate, without the slightest cause, for there was
not a shadow of evidence, Pickett makes the statement which
had been read in court. Was this the act of a willing
participator in a murder? Would a man who knew had stained
his hands with the blood of a fellow creature be likely to
acknowledge when he had no occasion to do so that he was present
at the murder. The learned counsel in opening the case had said
they must take one part of the confession to be true, which
implicated Pickett, but the part which implicated Carey they were
to erase from their minds, in other words they were to believe
those portions which told against Pickett, and disbelieve those
which were in his favor. If they took any portion of the
confession they must take all or none, and they were bound to do
this if they had no contradictory evidence.
The impressions in the lane were not made by Pickett's boots, but
by Carey's, the man who had taken an active part in the murder.
The stolen property was found not on Pickett but Carey. Where is
Pickett's share of the plunder? What cause had he to commit
this crime? Men do not commit terrible crimes like these
without a cause.
Pickett was to blame - greatly to blame - in being a witness of
such a deed, and not having immediately disclosed it, but who
could tell the thoughts which could cross his mind, how far he
might be considered an accomplice; he knew that in a slight
degree he had been an accessory, and no wonder that he hesitated
to disburden himself of the dreaded secret weighing on his
mind.
He (Macaulay), would not appeal to the feelings of the jury, he
wished them carefully to weigh the various facts of the case
brought before them, and judge for themselves whether the
reasoning of himself or the learned counsel for the prosecution
was most consistent with the facts of the case.
Macaulay then called Joseph Daft, who had known Pickett for 5 or
6 years. He had always borne good character. He had never
anything wrong about him.
David Rushton, farmer, Sibsey
Northland, knew Pickett up to 15 years of age at the Sibsey
Sunday School. He could not at all think he would do an offence
of this kind.
His Lordship then said:- "Carey now is the time for you to
make your defence. You are not obliged to say anything, but you
can, if you choose, make any statement you may desire, to the
jury." Carey then stepped forward, and in a firm loud voice
made the following statement: He said he was very sorry for
what he had done. He had promised Pickett he would not say a word
about it unless he did. On the day of the murder he had
been at work for Edward Sands. After they left work they met old
Mr. Stevenson and Pickett at the public-house. He wished to go
home at ten o'clock, as he should be locked out if late, but
Pickett would not allow him to leave, saying "he might
sleep with him on board the boat." Pickett went out of
the house first. He (Carey) wished to wait for George Sands, but
Pickett said hid not want him with him. They went on towards
where Pickett's father's boats lay when at home. Pickett
said, "There is old Stevenson coming, let us go over
and have his money." He said, "You will not catch me
going over to night." Pickett said, "that was what he
wanted he wanted him for, that three pence was all the money, and
he must have some." He then said he had some
handkerchiefs, and that they must cover their faces. They then
went over in the little boat which Pickett's father used when he
went farming. When they had got over Pickett pulled
out two pocket handkerchiefs and covered their faces. There were
some holes in the one he had, and he made some in that which he
put on his own face. He then found two sticks, one of which he
gave to him (Carey), and the other he kept. They then went about
half way down the lane where old Mr. Stevenson was going towards
his son's house. There they lay down side by side on the road
side. Old Mr. Stevenson was coming up and said,
"Hello! What are you doing here? Get up
lads, you will get your death of cold. Go in and lie down in the
yard on the straw." They got up; and one clung to him,
and the other place a leg against his and flung him backwards.
Pickett held his head down, and he (Carey) searched his pockets.
He got what money he had. He then got up and ran away. He
afterwards looked to see if Pickett was coming. He saw Pickett
and old Mr. Stevenson going on to the floor. He struck Mr.
Stevenson on the right arm with his weapon. He still kept hold of
Pickett. He (Carey) then struck him on the head. Stevenson tore
Pickett's handkerchief from his face and tore it in two. He then
took his walking stick and struck Pickett, who struck the old man
with his weapon and knocked him down. He then took him by the
collar and he (Carey) took him by the feet, and they put him in
the sewer. He got up, and Pickett struck him twice on the hand.
Then he struck Pickett, and went across the sewer, calling out,
"What are you doing." Pickett then struck him on the
back of the head. He (Carey) went across the road and flung his
weapon in the dyke. He then saw Pickett run along the river bank.
When Pickett rejoined him he said he had got another weapon
and hit Stevenson on top of the head and on the side of the head,
and did not .know that he had killed him, but wished him (Carey)
not to be frightened. Pickett then sent him back for half of the
handkerchief he had lost in the scuffle, because it was marked
with his sweetheart's name; and when he had brought it he
(Pickett) tied the two halves together, and put a piece of brick
into them and threw them into the river. He found a sovereign,
one or two bills, and 3s. 6d. in Stevenson's pocket. The
sovereign Pickett took, and the bills were hidden near a tunnel
of Pickett's father. They then went and slept at George
Sands' hovel till five o'clock in the morning. The
prisoner concluded his statement by saying that he had
prayed to the Lord to forgive him, and he prayed that his
Lordship (the Judge) would be as merciful as he could.
His Lordship here intimated that he would not detain the jury any
longer in the suffocating atmosphere of the crowded court,
and that they might adjourn till half-past nine on Thursday
morning. The jury were taken to the White Hart Inn under the care
of several bailiffs of the court, where every attention was paid
to their comfort during the night. Before leaving the court, his
Lordship gave them permission to communicate with their
friends if they thought proper, but strictly cautioned the
officials not to permit any person to speak to them. The court
rose at 7.30 p.m.
Crown Court
Thursday, 28th July, 1859
Long before Justice Williams took his seat on the bench, the
court was crowded to excess. Every avenue by which it was
hoped that access to it could be gained was also besieged by an
anxious crowd. The bench, as on the Wednesday, was filled with
ladies, and hoarse murmur pervaded the court as if parties
were expectant of some great exhibition.
His Lordship took his seat precisely at 9.30 am. The
prisoners, on their appearance in the dock, presented the
same appearance as on the previous morning, save that their
countenances seemed more anxious and worn.
His Lordship at once summed up; the gist of his Lordship's
address to the jury was that there could be no doubt, from the
confession of both prisoners, that they were present on the
dreadful occasion, and therefore all evidence given was
superfluous. Each prisoner accused the other of striking the blow
by which Stevenson met his death. The learned Counsel for Pickett
had endeavoured to show that Pickett was merely an accessory
after the fact: he therefore went into the evidence against the
prisoner. He pointed out that Pickett had given two
very different accounts on the place where he had spent the
night of the murder. Before proceeding to read Pickett's
statement his Lordship explained the law with respect to
confessions. The jury might believe all or any part to it they
pleased. He should also read that part of the evidence which
tended to show the that deed had been done by more than one
person. With regard to Pickett's confession, his Lordship
remarked that had the prisoner been a mere standerby, while
Stevenson was knocked down, he might have interfered, and there
would have been two to one. He put it to the jury whether they
could believe that he was reduced by terror to a state of
inaction he described. He ought at all events to have
informed against Carey, stating that he had been witness to
a dreadful deed.
If the jury thought that Carey had in view the robbing Stevenson
and was to join the plan, he was guilty of murder. With regard to
Pickett, if the jury should think he was on the whole a
co-operator with Carey, he was also guilty of murder.
At the conclusion of his Lordship's summing up, the jury retired
to consider their verdict; and having been absent a few
minutes were again brought into court because Carey wished to ask
the witness Coates a question. The question proved a series
of questions with regard to the footmarks found on the
silt, which Carey thought ought also to have been in Musgrave's
field, which was ploughed. Nothing was elicited. Carey then asked
Coates what Pickett had given him.
The jury again retired for two or three minutes, and on coming
into court found both prisoners guilty. There was a
suppressed murmur of applause in court when the verdict was
returned.
His Lordship, who spoke in tremulous tones, then passed sentence
on the prisoners. He said, "Henry Carey and William
Pickett, - You have been convicted of the crime of murder.
It is neither my duty nor my inclination to increase the horror
of your present position by dwelling on the enormity of your
guilt. I now speak of it in order that you may see that
there is no hope of mercy for you in this world. My duty is
merely to pronounce the awful sentence, that each of
you be taken from the place where you now stand to the prison
from whence you came, that you be taken thence to the place of
execution, and there hanged until you are dead, and that your
bodies shall be buried within the precincts of the gaol. And may
God have mercy on your souls." Carey received the sentence
without betraying any outward emotion, but looked very pale.
Pickett's countenance under went considerable alteration, as if
his awful doom had come suddenly upon him. The prisoners
were then removed. The Court rose at 11.30 am.
Carey
and Pickett's Last Week
28th July to
4th August, 1859
The 19th Century Prison,
Lincoln Castle
Thursday, 28th July, Carey and Pickett having been convicted,
were taken back to the gaol, and Carey was placed in cell C11 and
Pickett in cell C10.
On Friday, 29th July, the Surgeon, visited the condemned
prisoners, and reported that both men had slept well and eaten
their meals as usual.
On Saturday, 30th July, the gaol's surgeon suggested in would be
a good idea to give Carey and Pickett three hours daily exercise.
On Sunday, 31st July, the Governor James Foster, informed the
Home Office of the date of the execution. At 10.30 am he visited
the prisoners, and informed them of the date of the execution,
which was going to be the following Friday, 5th August. He also
told them their families could visit them. The Condemned Sermon,
as it was called, was also preached on the Sunday, by the
Chaplain, Rev. W. H. Richter. The Surgeon reported that Pickett
was depressed in spirits and had only partially eaten his meals.
Carey, he reported, looked ill and was desponding, but had eaten
all his meals.
On Monday, 1st August, the Surgeon reports that Pickett had slept
well and enjoyed his breakfast, and Carey also looked well.
Pickett dictated a statement to the Governor, which he wished to
be read in the Primitive Methodist Chapel, at Sibsey Northlands,
on the Sunday after his execution. He also wished the statement
to be published in the newspapers :- "My
sentence is pronounced, and death hangeth over me, death which by
my crimes I have brought upon myself, and which I so justly
deserve. What a terrible prospect is now before me! But a few
days, a few short days, are left of this life to which by my sins
I have thus early end, and then I go thither to a more dreadful
judgement. Soon will the executioner come bind my arms and lead
me to the gallows. Oh, fool that I was not to taken heed to
my ways till it was too late. Oh, that I had not forsaken God,
and then he would not have forsaken me. The fear of death
encompasseth me around, and a horrible dread has taken hold of
me. Oh, that I had lived, and late is the reflection - oh, that I
had so lived that I might have smiled at the prospect now before
me. Oh, that I had been one of those holy men who can say '
I desire to be dissolved, and to be with Christ, for to die is
gain.' Vain and fruitless expostulation. Whither shall I
fly for succour. 'Who can deliver me from the body of this
death.' Vain is the help of man: to God alone can I look
for help and comfort. Short as my time is, His mercy - so great
beyond all that I can ask or think - may be extended to me,
miserable sinner that I am. To him will I cry, in Him alone will
I trust. He alone can save me from the fear of death and
pain of hell. Oh, my dear hearers, think upon these few lines
which I now write with an earnest desire to warn you ' to flee
from the wrath to come,' and live a better life than I have
done. You see the sad condition which I now have to undergo, and
which by my sins has brought me to this place. Oh, my dear young
companions, take warning from this, and live to God. If I could
but just take a visit with you I would beg of you night and day
to turn to the Lord. Oh, my dear friends, think of your well
known friends, what we are now about to suffer for the offences
which we have brought upon ourselves, not only by breaking
the laws of man but by breaking the laws of God. Dear young
companions, take heed of your ways before it is to late. It will
not bear putting off: put anything else off you please, but
attend to this, my dear friends. Oh, that I had the opportunity
that you have, I would pray night and day. Oh, my dear friends,
think about your latter end and be wise. I was once like you; I
have heard sermons preached and prayers offered upon my behalf;
but it took no effect. I still went on in my old state of life,
and now it has brought me to this place of anguish and despair.
Oh, my friends, never let this be your sad condition, but give
your hearts to God. Do, my friends, lead a different life to what
you was when I was with you. I do not only write these few lines
to you for your good, but that you may take warning from the
punishment which me and my fellow companions have suffered by our
sinful state of life. But thank God I am now on my way to heaven,
and I that my fellow-prisoner is also on his way to heaven.
May the Lord bless us, and keep us, and be with us during these
short days which are left. Be with us during our passage
through the dark valley of the shadow of death: Lord, sent Thy
guardian angel to guide my spirit into Thy blessed kingdom, when
I depart and be no more seen. And this I beg for Jesus Christ's
sake; amen. So now I must conclude, with my last
farewell. Farewell, my old companions, fare ye well. I will
not go with you to hell, I am going to heaven with Jesus to
dwell. Will you go? Will you go? The memory of
your unfortunate friend, William Pickett, Sibsey Northlands, who
departed this life August the 5th, 1859, aged 21
years."
At around 11.30 pm the Governor visited the prisoners, and
reported all very quiet, Pickett asleep and Carey awake.
On Tuesday, 2nd August, the Rev. Robert Rushton, Primitive
Methodist Minister, of Sibsey Northlands, had lengthy
interviews with both prisoners, at their own request; when
Pickett made the following confession of his guilt,
showing that he was the actual murderer of William Stevenson, and
admitting that his former statement (made before committing
Magistrates at Spilsby) was arranged with the view of clearing
himself and throwing the blame onto his fellow prisoner.
"Lincoln Castle, 2nd Aug., 1859. On leaving the
Ship Inn, Sibsey Northlands, on the 16th day of March, the night
of the murder, between 10 and 11 o'clock, the first word Carey
said to me after leaving the public-house was, 'We will go and
rob old Stevenson.' I said to him,'He will know us.' Carey said,
'No: I will stop him from that.' I was before Carey. We
took two sticks from Mr. Teesdale's fence; I pulled one, and the
other was picked up by Carey. We went to Mr. Coates' gate and
altered our dress, walked some distance, and laid down on the
side of the road with the sticks beside us. The old man came down
the road, crossed over to us, touched me over the head, and said,
'What are you doing here, my boys. I don't know you, who are you:
David, is it you ?' I suppose he meant his grandson.
Carey got on his knees, and pulled the old man down;
Stevenson struck Carey with his walking stick while falling. I
held his head while Carey robbed him. I got up and struck him on
the ground until my stick broke all to pieces. Carey got off when
he had robbed him and beat him about the head; then carried
him into the sewer. Carey went back across the road to fetch his
stick, and struck the old man eight or nine times over the head
until his stick broke all to pieces. Then the old man stood up in
the sewer. Carey shoved at him with the broken part of his stick,
trying to push him down into the water. Mr. Stevenson got from
him and walked to the other side of the sewer. Carey then threw
the broken part of his stick into the sewer, and said to
me, 'Go round to the other side and kill him.' I went round to
Mr. Coates' yard, got a piece of a rail, and went to the old
man. Mr. Stevenson had the thorn stick produced in
court on his shoulder, and appeared to be going home. Carey said,
'Make haste, or he will get home.' I went behind him and struck
him on the side of the head, and knocked him down; I hit him till
my stick broke all to pieces (this was the rail or broad stick).
I then took the stick Mr. Stevenson had, and struck him about the
head till he was dead. I dragged him to the hedge: I was trying
to throw him into the sewer, but could not. I told Carey I
could not throw him over myself, and that he must
come and help me. Carey said, 'Try again; you can get him
over.' I then took hold of his legs, feated him up on end, and
tumbled him over into the sewer. After that we both
left, one on one side of the sewer, and the other on the other.
We went on till we got my father's seven acre gate. Carey had the
papers produced in court, and threw the old man's tobacco box
into the river opposite the gate. We went across the river in my
father's boat, and went till we got to my brother's house. We
were to George Sands' hovel to sleep. Carey said, 'We had better
go across brother John's garden, or the police will meet us.' We
slept together in Sands' hovel till morning; got up about four
o'clock. Carey said,'We had better look if there be any blood on
our clothes.' We could not find any, but I had some blood on my
face, which Carey washed off. We laid down again till six
o'clock. Mr. Sands came into his hovel to feed his beasts :
he tumbled over my legs, and said, 'What are you doing
here?' Carey said,'We were locked out for the night.'
Mr. Sands asked Carey if he would sow him some onions. We got up
and went to the Ship Inn ; on the road Carey gave me the
sovereign. Carey put a stone into the old man's bags, and threw
them into Richardson's pit. We went round to Richardson's back
door to see if they were up: I went home, and Carey went to his
brothers. We did not think of robbing or doing
anything else to Mr. Stevenson when we left the
public-house. My father has often told me that if I
kept company with Carey I should be either transported or hung. I
did not do as advised by my parents or friends. I was
very much frightened the night it thundered and lightened; I
thought Mr. Stevenson was coming to me in the cell. I am truly
sorry for what I have done. The sentence passed upon me is a just
one, and I deserve it. I feel for my parents, particularly my
mother. I have no person to blame but myself. I felt
relieved when the Chaplain visited me on Thursday, after the
sentence was passed; and I earnestly pray to God to forgive me
for murdering the poor man. I believe I struck the blow which
caused death. The reason I made the statement at Spilsby was
clear myself. If Carey had been present at the examination
before the magistrates I should not have made that
statement. The judge has done justice; if there
was no justice there would be no living. I have been kindly
treated during confinement: I feel resigned to my fate, and
hope to have forgiveness; I am striving for it as well as I
can. I hid the money (one sovereign) which Carey gave me, in the
thatch of David Bank Richardson's furnace house, about 16
inches from the end wall on the west side, between the first and
second spar ; and the knife that Carey had, is just outside the
furnace at the corner by the chimney, which I should like
to be given to Mr. Stevenson's son. We never had any
handkerchiefs, and Carey's statement about them is false. I
have nothing else to state, and the above is the truth.
(Signed) William Pickett."
Henry Carey, also made the following confession to Mr.
Rushton, describing his own share of the Murder, and
admitting that his account given at the trial was prompted by
spirit of retaliation, for the false coloring given by
Pickett.
"Lincoln Castle, 2nd Aug., 1859. Oh, dear Mr. Ruston,
my position is an awful one. I hope I shall be forgiven; it
is all drink. I am truly sorry I did not take your advice.
Mr. Stevenson was always a friend to me; he took me in when I was
turned out of my own house. I hope his friends will forgive me. I
hope the old man's soul is in heaven. I feel reconciled,
and the sentence passed is what I deserve. We was at
Richardson's the Ship Inn: I called William Pickett out
doors, and asked him if he would go with me to rob William
Stevenson. When we left the public-house we arranged to go into
the house and say to people that we should sleep in the boat
(Pickett's father's boat). We stayed till between ten and eleven
o'clock; the landlord asked if we thought anything about going
home, as it was bed time. I asked him to put a quart of ale into
a bottle, as we were going aboard. He put three gills into a
porter bottle. We went over the river in Pickett's father's boat;
we went before Stevenson, got a stick each, and laid down
in the lane where Mr. Stevenson had to go to his son's.
He came up and said, 'Hello, my lads; who are you? Get up
and lay in some of these yards.' I think he did not know us. We
both jumped up on our knees, and threw him backwards. Pickett
held his head down till I got his money. I struck Mr. Stevenson,
and then Pickett struck him while on the floor several times.
Pickett took hold of his head, and I took hold of his feet, and
threw him into the sewer. Mr. Stevenson got up on his
feet while in the water, and we both struck him again. He turned
to go across the sewer, and got out on the other side. I said to
Pickett, 'Go round.' Pickett went round, got another stick,
and struck him on the side of the head, knocking him down on the
floor. I told Pickett to throw him into the sewer, which he did.
I never went to the other side of the sewer. I know that I am the
worst, and persuaded Pickett into it. We slept in Sands'
hovel until half past five o'clock, when Sands found us. We
then left there. Pickett took a sovereign: I kept a knife and 3s.
6d. The two little bags were sunk in Richardson's pit; the
pocket-knife I hid in the corner of Richardson's potato-house by
the privy. I don't know what Pickett did with his money. It is
false about having handkerchiefs. That is all I have to say, and
the above is the truth."
On the confession of Pickett being read to Carey, he signified
that it was substantially correct, and that he did not wish any
alteration to his own statement. Carey not able to write, made
his mark, in the presence of the Governor and one of the wardens
of the prison. Several farewell letters were written for the
prisoners to their relatives, to be delivered after the
execution.
The male wing of the 19th century prison
On Wednesday, 3rd August, Henry Carey's family came to visit him,
in the presence of the Governor. His mother Rachel
Bland, his sister's Mary Ann Bland, Mrs. Wainwright,
brothers - William Carey, Samuel Carey and his wife, Joseph
Carey and his wife. They were with him between 12.30 pm and 2.00
pm. They made a last farewell which was a very painful one.
On Thursday, 4th August, the Surgeon, reports that the condemned
prisoners had both slept well and they are in a good state of
health. William Pickett's family visited him, again in the
presence of the Governor. They stopped between 12.20 pm and
3.00 pm. They were John Pickett
(father), Susan Pickett (mother), sisters - Betsy Ann and
Harriet, brothers - John, George and Henry Pickett, also a friend
of Pickett's came to visit, Lucy Perkins. They made a last
farewell which was also a very painful one. At 7.10 pm Carey and
Pickett were allowed to be together for a short while, for a
mutual exchange of forgiveness. They also exhorted each
other to meet their just punishment with resignation and
firmness.
Execution
Day
Friday, 5th
August, 1859
Cobb Hall, Lincoln
Castle, left in 1859, right today
During the last few days before the execution, all minds were
absorbed on the "hanging," every one was asking,
"Is it certain that it is to take place on Friday ?"
Everybody was afraid of a postponement.
The Castle gates were opened around 4 a.m. for the workmen to
come and erect the gallows on top of Cobb Hall, the work was all
done by 6.00 a.m. Two of the workmen were brothers, Robert
and George Panton, they had a joiners workshop at 45
Bailgate. At 6.30 a.m. the Governor visited the prisoners,
and reported they appeared well considering, their situation.
Friday was market day at Lincoln, and this August day was going
to be another bright sunny day. For sometime before the
appointed hour of the execution, crowds started to gather in the
neighbourhood of the gallows, anxious to obtain a good view of
the unfortunate men. There was a carnival atmosphere. People came
to Lincoln by rail and all kinds of transport. Old and
young struggled up the steep hill to get to the castle. They even
went on crutches. Youths went truant from school to go and
watch.
Prostitutes dressed in their finest attire, flaunting themselves
in silk and ribbon, plied their trade below the gallows.
The yards attached to the Plough Inn (landlord Thomas
Greasby) and the Scarborough Arms were thrown open to the
public, the landlords having large letters chalked upon the
doors, "A good view of the execution in this yard, admission
3d." Judging from the number of people who
paid their three-pences, their is no doubt the landlords
made a considerable sum of money.
Before 12 o'clock every spot where a sight of the gallows
could be obtained was filled with a crowd so dense that it was
almost impossible to penetrate through it. The crowd was
estimated to be between 15,000 and 20,000 people. The
'Times' reported the crowd as 25,000. One 93 year old man
said that he had seen almost all the executions at Lincoln, and
this was the biggest crowd he had seen.
At 10.30 a.m. the prisoners attended Devine service in the
Prison Chapel, and the Sacrament was afterwards administered to
both of them.
11.30 a.m. the prisoners were pinioned, Carey kept his composure,
but Pickett cried piteously, and it was found necessary to give
him a quantity of brandy. The mournful group
left the prison at twenty minutes to twelve, in the following
order :- the Javelin men, the Under Sheriff (C.L.Hughes), Deputy
Under Sheriff (H. Williams), the Prison Governor (James Foster),
the Chaplain (Rev. William Henry Richter, reading the service of
the dead), Carey, supported by a Prison Officer and Pickett
similarly supported. On arriving at the foot of Cobb Hall, the
two prisoners said farewell to the Chaplain. On reaching the roof
of Cobb Hall, the prisoners said farewell with the officers of
the prison, there was not one present who was not moved to tears,
the unfortunate men having earned the pity of all who had to do
with them, by their exemplary conduct since imprisonment. They
spent a short while in prayer. Then each man with a firm
step walked to his place beneath the beam. Pickett
was placed on the town side, and Carey on the other. Pickett, on
seeing the large crowd gathered to see his execution, held his
head down. They both wore slops, Pickett a blue slop and Carey
white slop. A few seconds before the clock struck the fatal
hour, the Governor appeared on the drop, and almost immediately
all eyes were fascinated by two human figures, each
standing motionless as sculptured marble (their outlines boldly
defined against the deep blue sky) on the treacherous drop, and
with the nooses swinging above their heads.
The executioner (Thomas Askern who was paid £11 8s for his
services by the county) immediately drew a white cap over the
head and throat of Carey and then adjusted the fatal cord. While
this operation was taking place Pickett turned coolly round
to his companion, apparently to observe the process, he next
underwent the same operation. The excitement at this moment
was intense, and the attention of the vast crowd was so
steadfastly fixed upon the scene that scarcely a whisper
was heard. The executioner left the drop, by the time
the clock had finished striking the hour of noon, the
fatal bolt was drawn, and both ceased to exist. Carey
appeared to die with out a struggle, Pickett remained in strong
convulsions for two or three minutes.
The fall within the battlements of Cobb Hall was
considerable, so the heads of the prisoners (now dangling
to and fro in the wind) alone could be seen from the
outside. At one o'clock the bodies were taken down and placed in
coffins prepared for them, and then removed to a
suitable room under the County Hall. A lot of
the crowd remained until after the bodies had been taken
down. The only trouble had been from a few pickpockets, from
Nottingham. On Saturday, 6th August, 1859, the coffins were
taken to the Lucy Tower of Lincoln castle and interred.
The convict burial ground in Lucy Tower of Lincoln Castle
The Trial Jury
George NIDD
George SAMUEL
John THOMPSON
John KINDALL
Joseph McKINDER
Basil T. SHILLAKER
Soloman FRISBY
Isaac PAYNE
Frederick ROWLE
John Steven FOSTER
Like WARD
Sources
Contemporary Newspapers:
Lincoln, Rutland and Stamford Mercury
Louth and Lincolnshire Advertiser
Lincolnshire Chronicle
The Times
York Herald
Other Records:
Assize Records (PRO)
Journals of the Governor, Surgeon and Chaplain of Lincoln Gaol
(LAO)
Help From:
Mr Richardson of Sibsey Northlands
Mr Braham of the Star Inn, Sibsey
Mr Edmonds of the Friends of Lincoln Castle
Lincolnshire Archive Office
Local Studies Library, Lincoln
Scunthorpe Library
Boston Library
Louth Library
Horncastle Library
York Library
Public Records Office, London