Jackson, Valentine, Remarkable Trials at the Lancaster Assizes, Held 1806 at Lancaster before Sir Robert Graham, Knight. R Butters, 1806
Taylor, George, A Correct Report of the Trial of William Holden, James Ashcroft the Elder, James Ashcroft the Younger, David Ashcroft and John Robinson, J Pratt, 1817
CHAPTER 1
To Deter Others 1790 & 1798
F or several centuries, Lancaster was Lancashires only assize town. Its ancient castle was the location of all trials involving serious crimes, and as many of those were punishable by death, the town was the site of almost all of the countys executions. However, this account of hangings in the county begins with two exceptions to this rule, which took place towards the close of the eighteenth century, when the country was still in the grip of the Bloody Code.
It was late on the night of Sunday 17 January 1790, when Thomas Cheetham, landlord of the Dog and Partridge on Stretford Road, Manchester secured the premises and retired to bed with his wife. He had just blown out the bedside candle when the Cheethams heard what they recognised as the sound of the back door to the inn being forced open. Seconds later five men, all of whom had blackened faces to disguise their identities, burst into the terrified couples room.
After binding Mr and Mrs Cheetham, one of the intruders removed a ring forcibly from Mrs Cheethams finger. However, she begged the man not to take it as it was her wedding ring. Surprisingly he relented and returned the ring to her finger. The gang remained in the house for more than ninety minutes during which time they subjected the couple to various threats of violence. When they eventually left they took with them Mr Cheethams watch, 8 in cash, a number of silver spoons, a quantity of linen, clothes and several bottles of brandy.
This had been the latest in a spate of similarly violent burglaries in the district, and although there had been no fatal incidents, the authorities made a determined effort to catch the one gang believed to be responsible for all of the crimes. Details of the break in at the Dog and Partridge were circulated throughout the North West, and in early February two men suspected of being involved in the robberies were arrested in Liverpool. One escaped, but the other, James McNamara, on whom items of property belonging to the Cheethams were found, was returned to Manchester, where on 10 February, he was committed to stand trial at the Lancaster Assizes. After spending six months in the castle, he stood his trial in August.
A broadside published following the trial of James McNamara. Manchester Central Library
When McNamaras trial opened, details of his criminal background were given to the jury together with details of the possessions stolen at the break in at the Dog and Partridge which were found in his possession. It took very little time for McNamara to be found guilty, and he returned to his cell having been sentenced to death and having been told by the judge that he should not expect to be shown mercy.
The condemned man was thirty-two years old, and had been born and spent his formative years in Dromcondra, near Dublin. His parents, who had a small dairy farm, were honest and hard working, and had managed to provide their son with a good education, which unfortunately, he failed to take advantage of. He travelled to Dublin regularly to sell the farms produce, and when still in his teens fell into bad company. Whilst still living in Ireland, he was convicted of several crimes and was eventually sentenced to death, but was reprieved and instead was sentenced to be transported to North America.
However, when his ship put into St Johns, Newfoundland, he escaped. Unable to return home, where he would be recognised, he made his way to England. He settled in Manchester, where initially he worked as a labourer, but he soon returned to his criminal ways.
McNamara would no doubt be expecting to be hanged outside the walls of Lancaster Castle. However, it was decided that he should be executed in Manchester, with the intention of deterring others who might be thinking of committing similar crimes in that town. The execution was to be witnessed by as large a crowd as possible, and it was decided that McNamara would die on the hill on Kersal Moor, one of the highest natural points in the district. Thus, on Thursday 9 September, the condemned man was taken by carriage from Lancaster to the New Bailey Gaol in Salford, where he spent the final two days of his life.
To ensure that as many local people as possible witnessed McNamaras degrading final hours, it was decided that he would not be taken directly to the gallows. On the morning of his execution he was shackled and placed in a small cart, which formed part of a grand procession, which was driven through the streets of Manchester and Salford for more than two hours. Marching in front of the cart were four sheriffs officers and eight javelin men. Two of the former and four of the latter walked at each side of the cart, immediately behind which were another eight javelin men and four sheriffs officers. They were followed by the Under Sheriff and a number of local clergymen. Next came a coach carrying many of the local magistrates, and at the rear of the procession came the Deputy Constable, the boroughreeves and constables of the two towns, the beadles, all of whom were wearing their distinctive cloaks and caps, and a number of special constables. As this impressive sight made its way to Kersal Moor, all of the local church bells rang out.
Several thousand spectators had assembled at the execution site and a penitent McNamara, who had now lost the arrogance he had displayed at his trial, addressed the crowd for a few minutes. He spoke of the justness of his sentence, exhorted those present to avoid bad company and minutes later he died without a struggle.
There were no crowd problems, but the event was marred by the activities of a pickpocket, who although seen in the act, managed to make his escape, which given the massive turnout of the areas forces of law and order was rather ironic.
Eight years later, on Saturday 15 September 1798, following a respite of seven days granted by the Duke of Portland to await the sentencing judges views on a plea for a reprieve, twenty-two-year-old George Russell was hanged on Newton Heath, Manchester. He had been convicted of croft-breaking on 5 June, when he stole cloth, velveteen and Genoa cord valued at 20, the property of Thomas Shorrocks, a local dyer and bleacher.
At this time there was no formal means of appealing against conviction or sentence, but it was open to individuals to make representations on behalf of the condemned by writing to the Secretary of State, who might then consult the trial judge. One petition was submitted on Russells behalf and that was from his mother, Ann Russell. He was the youngest of her six sons, all of whom had served in the armed services, and he had served in the Royal Navy. She wrote of his previous good character and that he had acted out of character as he had been drunk when he committed the crime.