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