Phoebe Harris, burnt for coining in
1786. |
Up to
1790, women convicted of High Treason and Petty Treason were burned at the
stake. Although I am sure you have a
perception of what High Treason is, as a crime in those days, it also
encompassed several other offences, notably coining. Coining covered several individual offences
relating only to gold and silver coins, e.g. clipping coins to provide coin
metal for forgeries, colouring coins to make them appear of higher value,
making counterfeit coins and having the equipment to do any of the above. Coining was considered treasonable because it
directly affected the State and confidence in the currency.
The
crime.
Under
the name of Mrs. Brown, Phoebe Harris had rented a room from one Joel Sparkes
at a house in
Arrest.
At
about
When John Clarke compared the counterfeit shillings to genuine ones, it was
clear that they had been cast from a mould made from a genuine shilling. In all, some 12 counterfeit coins were
discovered, both shillings and sixpences.
One of the genuine sixpences had a hole in it and this was evident in
the counterfeits.
A little later, after the rooms had been searched,
The
trial.
Capital
trials at this period took up very little time with a number being conducted
during a single day. The April Sessions
of the Old Bailey in 1786 were held on Wednesday, the 26th of that month,
before Mr. Baron Eyre. Among those
indicted were Joseph Yelland, otherwise known as Holman, Phebe Harris (spelling
of Phoebe as given in the original indictment) and Elizabeth Yelland, who were
jointly charged with two specimen counts, as follows: “for that they, on the
11th of February last, one piece of false, feigned, and counterfeit money and
coin, to the likeness and similitude of the good, legal, and silver coin of
this realm, called a shilling, falsely, deceitfully, feloniously, and
traiterously did counterfeit and coin, against the duty of their allegiance,
and against the statute.” There was also
a second count of coining a sixpence.
The shilling is the equivalent of the current 5p coin, whilst a sixpence
is the equivalent of 2.5p. Although in
1786, these two coins had much greater purchasing power they were still coins
of small denomination.
The
prosecution was opened by Mr. Silvester, assisted by Mr. Wilson and Mr. Garrow
led the defence. The case was heard
before the 2nd Middlesex jury, consisting of twelve men. Both sides were able
to call witnesses and cross examine those for the other side. In this case, the Crown called the constables
involved in the raid, together with the landlord and his son. They also called Francis Hardy, who gave
direct eyewitness evidence of the manufacture and colouring of the counterfeit
coins. The coining equipment found in
the rooms was produced in court as evidence.
Hardy also suggested that the group had bought forged coins from other
criminals to pass off as good - also a capital crime then, known as uttering.
He stated in his testimony that she continued with the coining business even
though she knew that Hardy was fully aware of what she was doing. It appears that there had been some
disagreement between Hardy and Phoebe and this may have led to him informing on
her.
The defence was principally based upon the testimony of character witnesses for
each of the defendants who averred them to be people of good character. Phoebe addressed the court as follows “My
Lord and Gentlemen of the Jury, I am an unhappy woman; I was desired by a young
man of the name of John Brown, to take the room, which I did, and he brought
the things found in the room; and desired me to secrete them, and I not knowing
the nature of them, or for what purpose they were intended, did do so, and so I
told the gentleman when they came and took me: as to my sister-in-law, I being
very ill, she came to clean the room for me, and the gentleman found her
cleaning it on her knees: and my brother-in-law came some time after the
gentlemen had been in the room.” She
also called two character witnesses.
The jury took some time in their deliberations before finding Phoebe guilty
and, despite Francis Hardy’s evidence against them, acquitting Elizabeth and
Joseph Yelland. As was normal sentencing of all those convicted, took place at
the end of the Sessions. Nine prisoners
were condemned to death, these being : Hannah Mullins, William Smith, Edward
Griffiths, James May, George Woodward, Daniel Keefe, Jonathan Harwood and
William Watts, who were sentenced to be hanged while Phoebe was condemned to be
burned at the stake. Many other
prisoners were sentenced to transportation or imprisonment. Hannah Mullins and James May were
subsequently reprieved to transportation .
The condemned were returned to Newgate prison to await their fates.
Execution.
Phoebe
Harris was to be the first woman burnt at Newgate, as distinct from Tyburn or
At
Comment.
Only
two more women were to suffer Phoebe’s fate. These were Margaret Sullivan on the 25th of
June 1788 and Christian Murphy on the 18th of March 1789, both for coining. At
the April Sessions of 1790, Sophia Girton was also convicted of this offence
but her execution was delayed until after Parliament had passed an Act (Act 30
Geo. III, c.48) substituting ordinary hanging for coining offences on the 5th
of June 1790. In fact, Sophia was ultimately pardoned, on condition of
transportation for life to
Executions
by burning at Newgate were distinctly unpopular with the local residents of
what was a respectable business area of the City. They had sent a petition to the Lord Mayor
requesting that Phoebe’s execution be carried out elsewhere. This was an early version of “not in my back
yard” rather than a protest against the severity of her punishment. It was later reported that some locals became
ill from the smoke from her body. There
were similar protests over the Sullivan and Murphy executions and a great
feeling of relief when Sophia Girton was reprieved, and the whole ghastly
business passed into history in 1790.
The Sheriffs were also becoming increasingly unhappy about attending
burnings, and it was they who brought forward the Bill to end this
practice. Even though by this time the
condemned woman was dead before the faggots were lit, it must have still been a
gruesome and revolting spectacle and one which conveyed a feeling of
injustice. Men convicted of coining offences
were hanged in the same way as other condemned males. The Times newspaper took up this theme after
Phoebe’s burning and printed the following article: “The execution of a woman for coining on
Wednesday morning, reflects a scandal upon the law and was not only inhuman,
but shamefully indelicate and shocking. Why should the law in this species of
offence inflict a severer punishment upon a woman, than a man. It is not an
offence which she can perpetrate alone - in every such case the insistence of a
man has been found the operating motive upon the woman; yet the man is but
hanged, and the woman burned.” One can
only agree with the “Thunderer’s” sentiments as the Times came to be known.
Other