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THE
MURDER
OF
MARY
ASHFORD
To the memory of Mary Ashford and all victims of sexual assault everywhere.
And for my sister Madeleine Klein, whose stories inspired me.
THE
MURDER
OF
MARY
ASHFORD
THE CRIME THAT CHANGED ENGLISH LEGAL HISTORY
NAOMI CLIFFORD
The Identity of the Killer Finally Revealed
First published in Great Britain in 2018 by
PEN AND SWORD HISTORY
an imprint of
Pen and Sword Books Ltd
47 Church Street
Barnsley
South Yorkshire S70 2AS
Copyright Naomi Clifford, 2018
ISBN 978 1 47386 338 5
eISBN 978 1 47386 340 8
Mobi ISBN 978 1 47386 339 2
The right of Naomi Clifford to be identified as the author of this work has been asserted by her in accordance with the Copyright, Designs and Patents Act 1988.
A CIP record for this book is available from the British Library All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical including photocopying, recording or by any information storage and retrieval system, without permission from the Publisher in writing.
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Measurements
The protagonists in this story understood the importance of the distances quoted in Abraham Thorntons alibi and set about surveying, measuring and recording them in order to prove that certain things could or could not have happened. Although some readers, particularly those of a certain vintage, will have no trouble with miles, yards, feet and inches, this ready reckoner might be helpful for those not brought up using these terms.
1 mile = 1.6km
1 yard = 0.91m
1 foot = 30cm
I have drawn the line at giving distances in furlongs, which are now totally obsolete, and have converted these into yards or fractions of a mile.
Characters
Ann Ashford | Mary Ashfords older sister |
Ann Ashford | Mary Ashfords mother |
Mary Ashford | Servant working for her uncle John Coleman at Langley Heath |
Thomas Ashford | Mary Ashfords father |
William Ashford | Mary Ashfords older brother |
Thomas Asprey | Lived at Erdington; witness for the prosecution |
John Yeend Bedford | Solicitor, nephew of William Bedford |
William Bedford | Retired solicitor and Magistrate; lived at Birches Green |
William Bedson | Worker at Penns Mill; co-opted as special constable |
John Bird | Manager at Penns Mill |
Joseph Bird | Worker at Penns Mill; witness for the prosecution |
Luke Booker | Vicar of Dudley |
Thomas Broadhurst | Witness for the prosecution |
John Capper | Superintendent of Prisons and the Hulk Establishment |
Benjamin Carter | Erdington farmer; fianc to Hannah Cox |
Joseph Chitty | Legal writer consulted by Ashford side |
Daniel Clarke | Keeper of Tyburn House |
Nathaniel Gooding Clarke | Prosecution barrister |
Charles Coleman | Mary Ashfords uncle, a farmer in Erdington |
John Coleman | Mary Ashfords uncle, a farmer at Langley Heath |
William Coleman | Mary Ashfords grandfather |
Francis Const | Legal writer consulted by Ashford side |
John Copley | Prosecution barrister |
John Cooke | Friend of Thornton |
Joseph Cotterill | Friend of Thornton |
Hannah Cox | Marys friend; daughter of Mrs Butler; lived at Erdington Green |
John William Crompton | Joseph Websters brother-in-law |
Thomas Dales | Birmingham assistant constable |
Joseph Dawson | Labourer; witness for the prosecution |
Lord Ellenborough | Lord Chief Justice of England |
George Freer | Birmingham surgeon; performed autopsy on Mary Ashford |
Francis Beynon Hacket | Sutton Coldfield coroner |
John Hackney | Birmingham sheriffs officer |
Omar Hall | Convicted felon |
Jane Heaton | Servant to John Holden; witness for the defence |
John Heydon | Gamekeeper employed by Mr Rotton; witness for the defence |
John Hiscox | London attorney |
John Holden | Farmer; witness for the defence |
Edward Holroyd | Barrister; son of George Sowley Holroyd |
George Sowley Holroyd | Judge at Warwick trial |
Richard Horton | Sutton Coldfield surgeon; assisted at autopsy |
John Humpage | Lived at Witton; witness for the prosecution |
John Grant | Head Turnkey at Warwick Gaol |
John Gurney | Prosecution barrister (appeal of murder) |
George Jackson | Labourer; lived in Birmingham; witness for the prosecution |
Martha Jennens | Birmingham milkwoman; witness for the defence |
William Jennens | Birmingham milkman; witness for the defence |
Fanny Lavell | Wife of William Lavell; laid out Marys body |
William Lavell | Worker at Penns Mill; witness for the prosecution |
Alfred Perkins | Prosecution barrister |
William Reader | Defence barrister |
Henry Revell Reynolds | Defence barrister |
Edward Sadler | Attorney for Abraham Thornton |
James Simmons | Worker at Penns Mill; witness for the prosecution |
Mary Smith | Neighbour of Fanny Lavell |
Henry T. Tatnall | Gaoler at Warwick Gaol |
Abraham Thornton senior | Builder and farmer of Shard End near Castle Bromwich |
Abraham Thornton junior | Bricklayer |
Sarah Thornton | Mother of Abraham Thornton junior |
Nicholas Conyngham Tindal | Barrister consulted by Thornton side |
William Twamley | Gentleman; lived at Newhall Mill near Sutton Coldfield |
Zachariah Twamley | Miller of Castle Bromwich |
Joseph Webster | Owner of Penns Mill |
James White | Witness for the prosecution |
John Woodcock | Zachariah Twamleys miller; witness for the defence |
George Yates | Clerk to John Yeend Bedford |
Introduction
Early one morning I came downstairs to the kitchen to make a cup of tea and noticed, through the French doors, evidence of a crime. On the garden lawn were the remains of a barbeque meal: paper plates, plastic forks and meat bones half hanging out of a bin liner. Convinced that the party held by our neighbour the previous night had got out of hand and someone had lobbed the rubbish bag over the fence, I gathered it up and lobbed it right back. Later that day I found the remains of a bird at the back of the garden and it occurred to me that a fox had dragged the bin bag from next door into our garden and set about devouring it, until distracted by fresher, juicier prey. The neighbours were innocent. This small incident showed me how easy it is to draw the wrong conclusion. Circumstantial evidence, bias against a suspect (the neighbours party had kept me awake), pressure for a quick solution or simply the desire for a neat ending can lead to error.