Part 17 (1/2)
APPENDIX II.
COPIES OF ORIGINAL LETTERS IN THE BRITISH MUSEUM AND PUBLIC RECORD OFFICE, RELATING TO THE CASE OF MARY BLANDY.
(_Hitherto Unpublished._)
I. LORD HARDWICKE TO DUKE OF NEWCASTLE.
(B.M. Add. MS. 32,725, f. 216.)
Wimple, Sept. 27th, 1751.
My Dear Lord,--I received from Mr. Jones, by your Grace's directions, the inclosed papers relating to the Murder of Mr. Blandy of Henley. I apprehend, by his letter, that the Question, upon which your Grace desires my Opinion is, whether it is proper that the Prosecution should be carried on by the order, and at the expense, of the Crown? Your Grace observes by Mr. Pauncefort's letter, who is a Gentleman of Character & writes like a man of sense, that, as the Relations of the Deceased (who must necessarily be also relations to the Daughter) are circ.u.mstanced, & seem at present disposed, no effectual Prosecution can be expected from them; and therefore I am clearly of opinion that, if upon Examinations there appears sufficient ground to proceed, it is necessary & will be for the honour of the Government, that the Prosecution should be carried on at the expense of the Crown, & that Mr. Sharpe should be forthwith ordered to take the proper steps for that purpose under the direction of Mr. Attorney General. There have been several Instances of such flagrant offences having been prosecuted at the Government's expence. I remember two when I was Solicitor & Attorney General; one against two Welshmen, Athowe by name, for a Murder in Pembrokes.h.i.+re; the other against a Woman in Oxford Road, who, in concert with her Gallant, murdered her Husband privately, & afterwards cut his body in pieces, & packed it up in a Basket.[14] The reason which prevailed for both these orders, was that there was ground to apprehend that the Criminals might have escaped Justice without such an extraordinary Interposition; and that Interposition was much applauded by the Public. In the present case it would be a Reproach to the King's Justice, and I am sure would create the justest concern & Indignation in His Majesty's own mind, if such an atrocious Crime of Poisoning & Parricide should escape unpunished, by means of the Prosecution being left in the hands of the Prisoner's own Relations.
There is one circ.u.mstance in Mr. Pauncefort's letter, which deserves particular attention. He says it is thought the Maid and Charwoman (who I presume are two material Witnesses) cannot long survive the effects of ye Poison they partook of. If that be so, my opinion would carry me so far as to think, that a special commission should be sent into Berks.h.i.+re, some days before the next Term, to find a Bill of Indictment there, & then the Trial may be had at the King's Bench Bar within the next Term; for otherwise no Trial can be till the next Spring a.s.sizes, before which time these Witnesses may probably dye, if what is repeated be true.
I have said all this upon a supposition that the Informations & Examinations lay a sufficient foundation for a Prosecution, for I have not seen any Copies of them. If they do not, _id neo dictum esto_. But there your Grace will be pleased to refer to Mr. Attorney or Mr. Solicitor.
There is another matter arising upon the enclosed Papers, which ought not to pa.s.s without some notice; and that is the behaviour of Mr. Carre, the Sheriff-Depute of Berwicks.h.i.+re,[15] and of Richard Lowe, the Mayor of Henley's Messenger. The Sheriff-Depute's letter contains a strong Charge against Lowe, & Lowe in his examination, swears several odd circ.u.mstances relating to the Sheriff-Depute, & to some relating to himself. Mr. Carre is a Gentleman of good Character, but this matter deserves to be enquired into; and I submit it to your Grace whether it may not be advisable to transmit copies of Lowe's Examination, & of these Letters to my Lord Justice Clerk,[16] that he may, in a proper manner enquire into the facts, & take such Examinations upon Oath, as he shall think fit. This will tend to Mr. Carre's Vindication, if he has done his Duty. If there are any material circ.u.mstances against Lieut. Cranstoun, some further enquiry should be made after him.
Forgive me for adding one thing more--that it should be pointed out to Mr. Attorney to consider whether the crime of the Daughter, who, as I apprehend, lived with & was maintained by her Father, may not be Petty Treason.
I am, always, etc.,
HARDWICKE.
II. LORD HARDWICKE TO DUKE OF NEWCASTLE.
(B.M. Add. MS. 32,725, f. 218.)
_Private_.
Wimple, Sept. 27th, 1751.
My Dear Lord,--I have reserved for this private letter a few words relating to Dr. Rooke's affair.... But before I enter into that, permit me to make an observation upon the extraordinary method, which was taken to apprehend Lieut. Cranstoun. I see, by the dates, that the Informations must have been sent up to the Office when Your Grace was in Suss.e.x, & therefore the affair did not come before you.
But surely the right way would have been to have sent a Messenger, with the Secretary of State's Warrant. That might have been executed with Secrecy, whereas, in the other method, so many persons must be apprized of it, that he could hardly fail of getting notice. Tho'
the Crime was not Treason, nor what is usually called an offence concerning the Government; yet being of so black a nature, & the Fact committed within the Jurisdiction of England, & the Person charged being then within the Jurisdiction of Scotland, it was a very proper case for bringing him up by a Secretary's Warrant, which runs equally over the whole Kingdom. I say this to Your Grace only, & beg it may not be mentioned to anybody. But the circ.u.mstances may be worth your enquiring into; for I have heard the thing spoken of accidently in conversation; & if Cranstoun got off at the time Lowe supposes, it may create some clamour. May not this be a further reason for the Government shewing a more than ordinary attention to ye Prosecution?
I am, etc.,
HARDWICKE.
Duke of Newcastle.
III. DUKE OF NEWCASTLE TO SIR DUDLEY RYDER.