Crime and punishment at The National Archives

Crime and punishment at The National Archives

The Judge: from Heads of the People by Douglas Jerrold, published c1840

22 December 2008

Highway robbery, burglary and horse theft are rife among the criminal records recently catalogued at The National Archives - not to mention the strange case of the 'Hammersmith ghost'.

Thanks to the work of 21 volunteers over a period of eight years, details from the judges' reports on nearly 4,000 criminals between 1784 and 1829 are now available in the Catalogue in HO 47. They can be searched by name, place and date, as well as crime, court and punishment.

A ghostly apparition

In 1803, the area around Black Lion Lane in Hammersmith was plagued by a ghostly apparition that would terrorise passers-by.

Late one night, local man Francis Smith encountered a figure dressed in white and, panicking, fired his gun at it - only to discover that he had killed a local bricklayer returning home in his white work clothes. Smith was found guilty of murder and sentenced to death. His sentence was later commuted to one year in prison on the basis that he genuinely believed he had seen a ghost.

The case has had a long-term influence on the law in England and Wales, having been used in debates about self-defence to illustrate the problem of whether an honest but unreasonable belief could provide an excuse in law.

Transportation

Among the reports are many concerning convicts transported to Australia. Information now in the Catalogue includes details of trials and pleas for clemency.

One such case is that of Mary Haydock, later Mary Reibey (1777-1855). Arrested for stealing a horse at the age of 13, she was tried - still disguised as a boy with the name of James Burrow - and sentenced to death. Her sentence was later commuted to transportation to Australia.

Once there she not only married and had seven children, but also became a highly successful and hugely wealthy businesswoman. In recognition of her philanthropic activities her portrait now appears on the Australian $20 note.