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THE AFFECTING CASE OF THE UNFORTUNATE _THOMAS DANIELS_.




_LONDON_


_Thomas Daniels_, the person named in the Pamphlet hereunto annexed,
Intitled, "_The Affecting Case of the unfortunate Thomas Daniels_ &c."
maketh Oath and saith that the said Pamphlet (containing twenty-four
pages) is a just and faithful Narrative of his Case; and that the same
is published at his particular desire of having the Public truly
informed of the whole and every circumstance of his case, with a view to
the removing all unfavourable prejudices against him.

    _THOMAS DANIELLS._

    Sworn this 23d of _November_,
    1761, before me
    _W. ALEXANDER._


THE AFFECTING CASE OF THE UNFORTUNATE _THOMAS DANIELS_, WHO WAS
Tried at the SESSIONS held at the OLD BAILEY, _September_, 1761,
FOR THE Supposed MURDER of his WIFE;
By casting her out of a CHAMBER WINDOW:
And for which he was sentenced to die, but received his MAJESTY'S
most GRACIOUS and FREE PARDON.

IN WHICH IS CONTAINED,
A circumstantial Account of the Behaviour of that unhappy Woman,
from her Husband's first Acquaintance with her, to the Day of her Death.

Drawn up and authenticated by the said DANIELS himself;
And faithfully prepared for the PRESS, by
An IMPARTIAL HAND.

  LONDON:
  Printed for E. CABE, in _Ave-Mary-Lane_.
  MDCCLXI.




THE AFFECTING CASE OF THE UNFORTUNATE _THOMAS DANIELS_.


The calamitous circumstance of having been condemned to death by the
laws of his country, for the most hateful of all crimes; and his most
extraordinary deliverance from an ignominious fate, and being restored
to liberty unconditionally and free! will naturally render the case of
_Thomas Daniels_ a subject of eager curiosity and warm debate. That
persons in the superior stations of life should sometimes find means to
evade the punishments incurred by infringing the laws of their country,
and by disturbing the order of society, does not greatly excite our
wonder; an experience of the manners and customs of the world, occasions
our hearing such instances as things of course; we make a natural
reflection or two on the occasions, and think no more of them. But when
a person in one of the lowest classes of mankind, by a fatal accident,
appears before a court of justice with apparent evidences of guilt,
sufficient to influence a jury of his impartial countrymen to sentence
him to the most severe penalty the law can inflict; when this man,
meerly from the advantage of a good character in the narrow circle of
his acquaintance, and from a re-examination into the probability of the
fact, for which he was condemned, shall have the inferences drawn from
the depositions on his trial, totally invalidated, so that the sentence
passed on him is freely remitted! it is _such a sanction_ of his
innocence, that it would be cruel and unjust, in particulars, afterward
to retain any suspicions injurious to him.

It ought to be principally attended to in this affair, that his Majesty,
whose regal virtues are so generally known and acknowledged, cannot
appear in a more amiable view, than in the attention with which he is
said to have endeavoured to discover the merits of the intercession made
for this poor convict. An instance which, as it may be deemed too
trivial to engage any particular share of princely consideration, yet is
certainly one of the truly parental duties of a Monarch, and will endear
him in the hearts of many of his useful subjects, who are beneath caring
for the retention of _Guadalupe_ or _Canada_. And it is doing justice to
the poor fellow, to own, that he seems to retain a grateful, if not a
politely expressed, sensibility of the great obligation he owes to the
royal parent of this his second period of existence.

But as an imputation of so base a nature, confirmed by a court of
justice, would naturally prejudice female minds universally against him,
too strongly for any after testimony in his favour easily to efface; and
as Mr. _Daniels_ is not yet old enough to relinquish all thoughts of
matrimony, and seems to possess too happy a share of vivacity to be
totally depressed by his past misfortunes, however severe they have
been; it is probable he may be hardy enough yet to venture on a second
trial of that state, can he find any good girl candid enough _to venture
on him_: but however this may be, from many important considerations the
poor man is willing to give the world all the satisfaction in his power,
relating to the unhappy woman who was lately his wife, and on whose
account he has gone through so much trouble and anxiety from his first
connexion with her: and it is charitably hoped, that, as he has so
solemnly authenticated the particulars of it, the same degree of
credibility will be allowed _him_, which would be granted to any other
person of fair character and good estimation.

The following particulars concerning this unfortunate couple, were
penned by _Thomas Daniels_ himself, since his enlargement; and are
faithfully exhibited with no other alterations than what were absolutely
necessary, with regard to spelling, style, and disposition, to render
the narrative in some measure clear and fit for perusal. This dressing
was not intended to give any undue colouring to facts, but simply to
supply the deficiencies of the writer; whose laborious situation in life
has denied him those literary advantages indispensable to the writing
his story with tolerable propriety.

Thus much being premised, it is time to let the principal offer his
plea, as candidate for the favourable opinion of his readers.

"It was in the year 1757 that I first became acquainted with _Sarah
Carridine_, by living in the same neighbourhood. She was a very pretty
girl; and I had a great affection for her, as I imagined her to be a
good industrious person. I made my friends acquainted with my regard for
her, but they were entirely against my having her, because of her living
in a public-house: but I was obstinate, and told them I loved her and
would marry her at all adventures, as I believed she would make a good
wife: upon this they said I might have another far preferable to her,
but that if I was resolved not to listen to their advice, they would
have nothing more to say to me, and I should never come near them more.
Finding therefore it was in vain to hope for my father's consent in this
affair, I consulted with her what to do, and at her desire I agreed that
she should take a lodging for us both, and her mother took one
accordingly. I then left my former lodging and lived with her; but as I
still worked with my father as before, he soon found that I had changed
my lodging, and upon what account. This discovery made him very angry,
and we had a quarrel about it, which made me resolve not to work with
him any more. This laid me under a necessity of seeking for business
elsewhere; and in my walks for this purpose, I met with some
acquaintance, who told me they had entered on board the _Britannia_
privateer, and that she was a fine ship. By their encouragement I
entered myself also. I went home, and told _Sarah Carridine_ what I had
done; she cried sadly, but I begged her to make herself easy, for that
the cruize was but for six months, that we were going to make our
fortunes, and that I would marry her when I came back; and in the mean
time would advise her to go to service. This pacified her, and she
promised so to do.

"We sailed on the 30th of _August_, on our cruize, but had very bad luck,
and I returned home in _April_, 1758. As soon as I came to _London_, I
went to my master, Mr. _Archer_, who keeps the sign of the _White Bear_,
the corner of _Barbican_ in _Aldersgate Street_; there I sent for my
father and mother, and we spent the evening together very agreeably,
much rejoiced at our meeting again. I enquired of my mistress where I
could find _Sarah Carridine_? She referred me to Mr. _John Jones_ the
founder, who she said could inform me. _Jones_ took me over the water to
an alehouse at the bridge foot, where I saw her. I used in the evenings
to go and sup with her, at her mother's, after my day's work; and Mr.
_Jones_, lodging in the same house with me, frequently went with me.
_Jones_ and I had been old acquaintance for some years; he pretended
great friendship for me and _Sarah Carridine_, and offered to be father
to her and give her away. This was very agreeable to me, and I fixed
upon _St. James's_ day for our marriage. I informed my friends of my
intention, but I could not obtain their consent. I asked my master to
lend me a guinea to defray the wedding charges; but being refused,
_Jones_ advised me not to be beholden to any of them, but to raise some
money upon my watch: I therefore put it in his hands, and he pawned it
for me. This will serve to shew how officious he was in this
transaction.

"We lived for some time after our marriage in ready-furnished lodgings,
until my wife's mother persuaded us to come and lodge with her; she
lived in _Catharine-Wheel Alley, Whitechapel_. This we did until I
procured some goods of my own. While we lived there, she used to be
frequently abroad when I came home from my work. I cannot but take
notice in this place, that, however wrong it may be esteemed by others,
and however disagreeable to me, to speak ill of the dead; yet the
peculiarity of my situation will, I hope, excuse the obligation I am
under of declaring the truth, this being now the discharge of a duty I
owe to myself. Whenever I asked her mother where she was gone? she would
tell me she was gone to see some young women in _Spital Fields_. When
she came home she was often in liquor, and I would then say, '_Sally_,
what makes you drink so much?' her mother would reply, 'Lord, a little
matter gets in her head, for she is a poor drinker.' I then resolved to
take a little shop to employ her: I did so, and put her in a little shop
in the _Minories_, to sell pork, greens, and other articles; and she
might have done very well there if she had minded her business, and not
have gone to see the young women so often as she pretended. At last
however I went to see where these young women lived, but they had not
seen her a long time. As I was returning back, I saw my wife with Mr.
_Jones_, going before me, whom I followed until I saw they turned into a
public-house. On this I went back to her mother, and enquired whether
she was returned? she replied, 'Lord, I suppose they will not let her
come yet.' With that I said, it is very odd, but I believe I know where
she is; I will go and see. When I went back there they were both
together. So, said I, this is your going to see _Bett Reed_! She
replied, I am but just come back. Pray, said I, how came Mr. _Jones_
here? She answered, she found him there, and believed he came to see
me. I then said, I rather believe he came to see you; I saw you both
come in, arm in arm. She was then drunk, which made me send her home. I
told him he had no business to keep my wife from me; but if he was a man
he would come out, and try who had the best right to her. He would not,
but went away.

"When I came home, my wife and her mother and I, quarelled, and I had
them both upon me at once: she then ran away, and staid all night. The
next day by her mother's persuasions we made it up, and agreed that she
should go and mind her shop, and never go into _Jones_'s company more.
After this he did not come near us until the next Lord Mayor's Day, when
he knew, I suppose, that I was gone to my master's hall. My shopmate and
I went to carry my master's great coat; my master gave us a bottle of
wine, and we went into the kitchin and got some victuals to it; this we
carried home to my wife, thinking to enjoy it quietly there. I asked her
mother where _Sally_ was? She said she was gone to the _Three Kings_,
and bid me go and call her. Before I went I heard a noise upon the
stairs, and, upon taking a candle to see what was the matter, there
stood my wife; and hearing somebody going down to the cellar, there
stood _John Jones_!

"My wife and I had a great quarrel on this occasion; she pretended that
he came only to give her some ribbons, as he had been a whiffler in the
procession. Perceiving what a loose disposition she was of, I resolved
she should keep shop no more; I therefore shut it up. There are people
enough in that neighbourhood sufficiently acquainted with these
transactions; and with my wife's general behaviour.

"I then thought we should be rather more quiet if I moved her from her
mother's, for we were always quarrelling. I got some goods of my own,
and my wife and _my_ mother took a room for me in the _Little Minories_,
when for some time we lived more loving than before. However she quickly
began her old irregularities again, which occasioned fresh quarrels, to
the great uneasiness of our landlady, for the people of the house were
very good sort of people. She would often talk to my wife, and give her
wholesome advice, but all to no purpose; which determined me to leave
her. I again entered on board the _Britannia_ privateer as carpenter's
mate, without acquainting any body with my intention, and went down to
_Greenhithe_ where the ship lay, to work on board her. Before I had been
there many days, to my great surprize down came my wife with _John
Jones_! They staid on board all night, my wife crying bitterly to
persuade me to come home again, promising an entire reformation in her
conduct. I said I could not come back now, because I had entered myself;
but she lamenting and behaving like a mad woman, I was persuaded to
return home with her. To do this, I obtained leave of our lieutenant to
go to _London_, to bring my tools down, when my wife prevailed on me to
stay at home. I then went to work again in town, and my wife said if I
would try her once more, by putting her in a shop, she would be very
good. Then it was I took a house, at the corner of _Hare Court,
Aldersgate Street_, where, for some time, she managed very well, but
soon returned to her old ways again. By our frequent quarrels the
neighbours were at first inclined to think I used her ill, but had they
then known how affairs were circumstanced, they would not have blamed
me; for her temper grew so unaccountable, that she would frequently come
after me, where ever I happened to be at work, or at the alehouse, and
abuse me for nothing. When I came home at nights from my work, thinking
to pass the evenings comfortably with her, she would constantly find
some pretence to quarrel with me, and to render my life uneasy. One
time, in particular, when I came home, she threw the pewter quart pot,
she had been drinking out of, at my head; and then running out of the
house, she, in the violence of her rage, dashed her elbow through the
glass window of our shop, and then ran up to my master _Archer_ with her
bloody arm, crying out,----'See here what your rogue has done'--Thus she
endeavoured to prejudice me in the minds of all my friends and
acquaintance; when afterward she confessed to Mr. _Moses Owen_, a barber
in _Old Street_, who compleated the cure of her arm, _that she did it
herself purposely_.

"Another time, when I worked at _St. Mary Axe_, she, and one of her
acquaintance, having been to _Billingsgate_ to buy oysters for her shop,
came to me to the _Crown_ alehouse in _Camomile Street_, where I was
then at dinner with my shopmates: there she wanted me to treat her with
drink, which, as I observed her to be already in liquor, I refused, and
would have gone back quietly to my work; she then snatched off my hat
and wig to detain me, but finding that not to answer her intention, she
abused me in a most vile manner, and with a small cod which she had with
the oysters, beat me in a most ridiculous manner about my head and face;
and, as all my brother journeymen may well remember, obliged me to go
back to my labour bareheaded!

"One day, when my business carried me to the other end of the town for
the whole day, my wife gave _Jones_ notice of it, and quickly after I
was gone dressed herself, shut up her shop, and went out with him to
spend the day. He was that day dressed in a new suit of cloaths. At
night when I came home, not being able to get into my house, I went to
her mother's in _Whitechapel_, expecting to meet with her there. By the
way as I was coming back, who should I see before me but my wife and
_John Jones_! I followed them into an alehouse, where I quarrelled with
them both, and in my passion threw some beer in her face, on which she
ran out to her mother's. I challenged _Jones_ to fight me, but he would
not. But meeting with him afterward, he then challenged me, for
reporting the familiarity between him and my wife. On this we stripped,
and had two or three blows; he fell against a table, and, as he says,
broke two of his ribs, for which he took me up, but I was bailed out by
my mistress. As my wife thought proper not to come nigh me, I lett the
shop which she kept and lodged at my master's. She continued away about
seven weeks, only calling upon me now and then to abuse me; and going
home to my house to scold and threaten my lodgers, whom I had admitted
upon her deserting me.

"At length she and her mother came together to me; her mother threatened,
if I would not take my wife home again, to arrest me for her board; upon
this I urged her bad treatment of me while she was at home, her neglect
of her family affairs, and her scandalous attachment to this _John
Jones_; and lastly, her voluntary elopement. However we entered into a
treaty of pacification, in the course of which, she confessed her
intimacy with _Jones_, and the terms on which it had subsisted. It seems
their connexion began while I was on my cruize in the _Britannia_
privateer; he promised to marry her if I should not return, and if I
did, that he would still continue his kindness to her, and that in case
he was to die, to leave her all his goods, and all his interest in the
capital of a box-club, of which he was a member. This confession, though
it was an odd one for me to hear, yet, as it was accompanied with what
appeared to me sincere promises of amendment, I, in an evil hour, agreed
to live with her once more. Accordingly I moved my bed into the two pair
of stairs room, which one of my lodgers then quitted; this was about
nine months before her unhappy death.

"When she came home again, though I believe she did not continue her
acquaintance with _Jones_, yet her behaviour was otherwise so disorderly
as rendered me very unhappy. For at times, when I came from work,
expecting my breakfast, dinner, or supper, I frequently found the door
locked, and so was drove to the necessity of eating my meals at an
alehouse; a very disagreeable resource to a man, who, having a wife and
a home, naturally expected the comforts resulting from such seeming
advantages. But this was not all; she sometimes coming home in the
interim, would seek me through all the public-houses in the
neighbourhood, and when she found me, would strike me with whatever lay
next her, raving at me for not coming home, and denying her having been
out. Once, in particular, having bought a piece of veal for my
_Sunday's_ dinner, when the morning came, truly she would not dine at
home, she would go to her mother's, though I convinced her that the
weather, being hot, would spoil the meat by the next day. I then went to
my shoemaker to fetch me a pair of shoes, and they in friendship asked
me to eat, as I found them at dinner; I was soon followed by my wife,
who, finding me eating, was hardly withheld from stabbing me, first with
a knife, and afterward with a fork.

"One _Sunday_, with a view to entertain her, I took her down to _Ilford_,
that we might spend the day agreeably. We dined at the _White-Horse_
there, and after dinner she drank very freely. When the reckoning came
to be paid, she threw herself in a great passion with the landlord, on
account of his charge; and I unluckily attempting to moderate matters
between them, drew all her rage upon myself. She was so violent in her
resentment, that she declared she would not go home with me, but would
go with the first person who should ask her, or even with the next man
who went by. Just at this time, a man dressed like an officer stopped in
a chaise to drink; my wife soon entered into discourse with him, and
asked him to let her ride home in his chaise: the man agreed, and away
they drove together! This now was a measure she was not under any
necessity of taking, because, not believing she would be able to walk
home, I had offered her a place in the stage, which was quickly to pass
the door.

"Thus abandoned by her, I walked home, and after waiting due time went to
bed. About two o'clock in the morning I was roused by a knocking at the
door: there was my wife so drunk as hardly to be able to stand, attended
by her mother! The mother made what excuses she could for her daughter,
to induce me to let her in, pleading, for the lateness of the hour,
that, after the man had carried her a long way out of her road on the
forest, he, at last, left her to walk home alone. I let her in, but her
mother was obliged to stay and put her to bed, as she was entirely
incapable of undressing herself.

"Though her intimacy with _Jones_ was discontinued, yet she was not
destitute of a gallant: one _William Charlton_, a man of my own
business, was now her paramour; but as he was a married man, I had the
additional mortification of having his wife come to scold me for
suffering my wife to decoy away her husband! After having been with this
_Charlton_, about a fortnight before her death, she came home very
drunk, and abused me sadly. She beat me over the shoulder with a pair of
tongs; I wrested them from her, and, as I purpose to speak the truth, I
will confess, that, in my passion, as she ran down stairs, I followed
her and gave her a blow with them on the head. Upon this she ran
directly to Mr. _Clark_ the constable, the same who since apprehended me
on the occasion of her death, to get me taken into custody. Mrs. _Clark_
kindly wiped her forehead where the skin was broke, and advised her to
go home peaceably, and make up the difference between us. This enraged
her so that she gave Mrs. _Clark_ many foul words, so that Mr. _Clark_
came to expostulate with me, not on the blow I had given my wife, but on
the ill language she had bestowed on his wife! Mr. _Clark_ and I talked
the matter over a tankard of beer, but I saw no more of my wife that
night.

"There was also one _Stroud_, a _Smith_, in the number of her intimates,
but I knew little of their concerns, more than what I understood from
his wife, who came frequently to me, enquiring after him, and
complaining greatly of my wife, for enticing him away from his family
and his work.

"These few instances I have been able to recollect, may, in some measure,
serve to give the reader of my unhappy tale, an idea of my wife's
character and conduct, which I solemnly declare, I am not solicitous to
expose, as the poor creature is dead, more than is absolutely needful,
to shew what sort of person she was, and as it may tend to clear me in
the opinion of the world. So quarrelsome was she by nature, that we
never went out together, but she would find some occasion to abuse
either me, some of the company, or even passengers in the street; if any
one casually happened to brush her in passing, she would give them a
blow in the face, and then call upon me to stand kick and cuff for her,
while she having stirred up the mischief, ran away, unconcerned at my
fate in the mob: and in our private disputes, I have been beat by her,
her mother, and a servant girl of her mother's, all at one time. Nay,
she has frequently threatened both to destroy herself, and to murder me.
A threat, she has since very nearly accomplished.

"The night before this melancholy accident, I came home, to be sure not
entirely sober: where not finding my wife, I went directly to her
mother's, where I found her very drunk. It being night, her mother said
it would not be proper to attempt taking her home in that condition; and
therefore advised me to lie there that night, while she and her girl
would go and sleep at my lodging. We did so.

"Being now come to the unlucky day of my wife's death, I propose to be as
particular in all my actions that day as recollection will enable me.

"In the morning, after my wife's mother came back, we all breakfasted
together at her lodgings. After breakfast, I went to Mr. _Clark_, Timber
Merchant, in _St. Mary Axe_, to solicit for some _India Company's_ work:
from whence I went to the _Mansion House_ alehouse, and drank a pint of
beer. I then intended to go to work at Mr. _Perry's_ in _Noble-street_,
but it being near dinner time, I stopped at the _Bell_, opposite his
house, for another pint of beer, where meeting some acquaintance eating
beef-stakes, I dined with them. As I was eating, in came my wife and her
mother; she at first abused me for being at the alehouse, but they
afterward, in great seeming good humour, drank with me, and as they
wanted money, I gave my wife two shillings, and lent her mother a six
and ninepenny piece, which I had just received in change for half a
guinea, from the master of the public house. As the day was now far
spent, and as I was pleased with the prospect of working for the
_East-India Company_, I thought it not worth while to begin a day's work
so late. I therefore went to _Smithfield_, to see how the horse-market
went. From thence I went to _Warwick-lane_, to see for a young man, whom
I had promised to get to work for the company also. I took him to Mr.
_Clark_, in _St. Mary Axe_; and afterward went with him to two or three
places more, the last place was the _Nagg's Head_ in _Hounsditch_; and
about half an hour after nine o'clock went home.

"When I came there, I went in at the back door, which is under the
gateway; and which used to be only on a single latch, for the
conveniency of my lodgers: I went up to my room door, but finding it
fast, came down stairs again. There was then some disturbance over the
way in _Aldersgate-street_, which I walked over to see the meaning of,
imagining my wife might chance to be engaged in it. Not finding her in
the croud, I returned, and went up stairs again; while I was on the
stairs, I heard my wife cough, by which I knew she was at home. Finding
my door still fast, I knocked and called again; still she would not
answer. I then said "_Sally_, I know you are at home, and I desire you
would open the door, if you will not I will burst it open." Nobody yet
answering, I set my back against the door, and forced it open. Upon this
she jumped out of bed; I immediately began to undress me, by slipping
off my coat and waistcoat, saying at the same time "_Sally_, what makes
you use me so? you follow me wherever I go to abuse me, and then lock me
out of my lodging; I never serve you so." On this she flew upon me,
called me a scoundrel dog, said she supposed I had been with some of my
whores; and so saying, tore my shirt down from the bosom: on this, I
pushed her down. She then ran to the chimney corner, and snatched up
several things, which I successively wrested from her: in the skuffle a
table and a screen tumbled down. At length she struck me several blows
with a hand-brush; and while I was struggling to get it from her, she
cried out several times----"Indeed, indeed, I will do so no
more."----When I got the brush from her, which I did with some
difficulty, I gave her a blow with it, and then concluded she would be
easy. She sat down on the floor by the cupboard door, tearing her shift
from her back, which had been rent in the skirmish; I sat down on the
opposite side of the bed, with my back towards her, preparing to go into
it; and seeing her fling the remnants of her shift about in so mad a
manner, I said, '_Sally_, you are a silly girl, why don't you be easy?'
On that she suddenly rose up, and with something gave me a blow on the
head, which struck me down. I fell on the bedstead with my head against
the folding doors of it. I imagine she was then afraid she had killed
me, for I heard her cry two or three times----_O save me, save me, save
me!_ How she went out of the window it is impossible for me to say, in
the condition she left me in; but from her cries I supposed her gone
that way; and in my consternation when I rose, I ran down one pair of
stairs, where, not knowing how to behave, I went up again, and sat me
down on the bed from whence I rose. In this position Mr. _Clark_, the
constable, and the numbers who followed him, found me. He said, _Daniels
you have stabbed your wife, and flung her out of the window_. I replied,
_No, Mr. Clark, I have not, she threw herself out_. Mr. _Clark_ took a
candle, and examined all the room in search of blood, but found none;
and lucky it was for me that neither of our noses happened to bleed in
the fray, though mine was subject to bleed on any trifling occasion. He
then went to the window, where he found a broken piece of a saucer, and
asked what it was? I said, I did not know; but recollected afterward,
that it was what I fed my squirrel in; though I know not how it came
broke; it was whole that day.

"From thence I was taken to the _Compter_, and the public are already
acquainted with the proceedings on my trial: when I was condemned for
the supposed fact.

"I am informed that the next morning they found a pair of small
watchmaker's plyers bloody in the window, which were then considered as
a great proof of my guilt. These plyers were what I have mended my
squirrel's chain with whenever he broke loose, which was sometimes the
case. How they should be bloody, as God is my Saviour, I cannot answer;
but as no wound was perceived on the body, they were not produced as
evidence against me. However, when my wife was brought up from the
street, it is said she was blooded, and that the bason was put in the
window where these plyers were found. It is therefore possible that, in
such confusion, a drop or two might accidentally be spilt upon them;
more especially when we consider the tumult of a morning's exhibition of
the dead body, for penny gratuities, by the unprincipled mother of it.

"In the course of my trial, the coroner laid some stress on the absence
of _Charles Hilliard_, the lodger under my room; but Mr. _Hilliard_
appeared however before the sessions were concluded, to save his
recognizances: he then deposed before the judges, all he knew relative
to the accident; which being materially the same with the evidence he
gave at the coroner's inquest, and as I have no reason to wish it
suppressed, I made it my business to request Mr. _Hilliard_ to recollect
the whole of it, which he was kind enough to give me in writing; and
here it is.

"_Charles Hilliard_ gave evidence before the coroner as follows.

"That Mrs. _Daniels_ came into his apartment about eight o'clock in the
evening to light her candle, and then went up to bed: that about ten Mr.
_Daniels_ came home, and knocked at the door, calling _Sally_, two or
three times: that not being admitted, he broke the door open: that then
he thought he heard a knocking to make good the breach, after which some
words ensued between the parties, and blows followed: that he heard Mrs.
_Daniels_ ask forgiveness, saying, she would never do the like again:
that _Daniels_ should say--_Damn my breeches, what do you shut me out
for? don't I pay my rent?_ after which he heard a rumbling in the room,
but did not distinguish any thing more, to the best of his knowledge,
till Mrs. _Daniels_ fell from the window.

"I lived in Mr. _Daniel's_ apartment but little time, in which I heard
many quarrels and debates between them, which frequently happened by her
aggravation and ill-treatment of him."

"I was sentenced to be executed on _Monday, September 21_; the
coronation-day was to be the day following, which led some persons into
a conjecture, that this august solemnity was the cause of the first
respite, which made way for my pardon. This however was a mistaken
opinion, for I owed the redemption from my hard fate entirely to the
kind Christian offices of my friends who, from a persuasion of my
innocence, applied to the worthy magistrates of _London_; from whom, the
circumstances of my situation were represented to his Majesty. The
gracious condescension of this best of Kings, in attending to the
representations made to him on my account, will never be forgotten,
while I enjoy that remnant of life I now owe to his goodness!

"I was condemned on the _Friday_; on the _Saturday_ I was comforted with
the news of a respite until the _Friday_ following: I then heard of a
farther respite, and was appointed to die with _Campbel_ and _Gurnet_;
before the execution of whom, I was again granted a longer time: and
then my execution was to be forborn until farther orders. I received my
pardon on _Thursday, October 28_, and was discharged from confinement
_Sunday, November 1_.

"From the time of receiving sentence, to the time of my receiving a full
pardon was six weeks close confinement in the cells of _Newgate_; where,
by the terms of sentence, I was to be subsisted on bread and water only.
I can however affirm with truth, that, conscious of my own integrity,
not all the terrors of so ignominious a death, and the stamp of infamy
attending it, ever could depress my spirits from the first to the last.
I relied on the justice of God, who could penetrate beyond the ken of
short-sighted man; and with the utmost reverence would I acknowledge the
extension of his providence toward me, in protecting me in this life,
from the consequences of premature judgment. I have been frail in common
with the rest of mankind; and I have severely suffered. However, as my
misfortunes in marriage drove me into carelessness and excesses, which,
together with them, have been the ruin of me; I hope that so remarkable
a deliverance from the brink of the precipice of eternity, has called
home my scattered thoughts, and will make me more sober and industrious
than I have heretofore been. I now conclude this narrative with the most
thankful acknowledgments to all whose kindness has been instrumental in
my deliverance, from the awful fate from which I so hardly escaped."

The reader has now seen what the poor fellow had to offer for his own
justification. It may not be improper just to add a few remarks, first,
on the probabilities and improbabilities of the alledged fact, and then
to compare the fair result of such examination with the tenor of the
depositions on his trial; these will tend greatly to clear our
conceptions with regard to the man.

The window of _Daniels's_ room has two casements folding against each
other, with garden pots before them. One of these casements only, used
to be opened; the other being in general kept shut. These casements were
each about sixteen or seventeen inches wide, and the window was about a
yard and a quarter high. When this accident happened, one casement was
open, the other shut, as usual; consequently the opening _then_ through
the window, was about sixteen or seventeen inches wide, and a yard and
quarter high. Through this space a man was to thrust a woman nearly as
strong as himself! If such a thing had been attempted, the following
consequences must be incontestably allowed to ensue.

I. The woman would resist the attempt.

II. When persons struggle to avoid imminent danger, and are driven to
despair, they are capable of a surprising degree of exertion, beyond
their ordinary abilities.

III. This woman would therefore have continued in so narrow a gap a very
considerable while before she could have been forced through, and would
all that time have uttered cries, intreaties, and exclamations, too
expressive of her situation to have been mistaken by the neighbours and
spectators.

IV. Her resistance would have overturned the before-mentioned
garden-pots, and would have shattered the glass of the casement that was
shut, and even forced open, or broke the casement itself, which
obstructed her passage.

V. In breaking the glass of the window, her skin must have been greatly
scratched and torn, and her limbs, naked as she was, have been otherwise
greatly maimed and bruised.

VI. The man who undertook to force her out, as he must have been greatly
agitated himself by his passions; as he was very closely employed, on no
very easy job; and as the actions of the suffering party cannot be
supposed to be meerly defensive through the whole course of the fray; he
must probably have been observed by some of the spectators at the
instant of his effecting his purpose; and must positively have borne
some very conspicuous marks of his helpmate's reciprocal assaults.

The two first of these propositions will be universally granted.

The third is contradicted by all the evidence on the trial, who
unanimously agree, that the moment the woman was seen, she came through
the window? and was only then heard to use expressions which _Daniels_
accounts for better than any one else.

In reply to the fourth, the pots were not discomposed, nor the window
broke, except one pane; and it does not appear that even that pane might
not have been broke before.

In answer to the fifth; the body, by the evidence of the surgeon, did
not appear to have received any other damage than the natural
consequences of so great a fall.

As to the last; the man was not seen at the window at all: and as to any
wounds or bruises sustained by him, the constable, when asked, whether
he saw the blow on his head, which he affirmed to be given him by his
wife? declared he did not. But he was not asked whether he looked for
it; a question, it may be presumed, he would have answered in the
negative. In such a situation, it is to be concluded, the poor fellow
was little heard and less regarded, concerning whatever he might alledge
in his own behalf. A man may be stunned by a blow that might not perhaps
exhibit any remarkable appearance; and had it been seen, his account of
it would have weighed but little.

It is not even probable, had he knocked this woman on the head first,
that he could have sent the body through the window so compleatly, as
either by fright, or design, she accomplished, herself. But that she
came there living, is past doubt.

To conclude: The evidence against this unfortunate man, was only
presumptive at most; and upon clear scrutiny is really presumptive of
_nothing_: so that as he is discharged by royal authority, so has he
also a just claim to an acquittal in the minds of all judicious and
candid people.


_FINIS._





End of the Project Gutenberg EBook of The Affecting Case of the Unfortunate
Thomas Daniels, by Thomas Daniels

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