Historical Significance and Overview
John Thurtell’s case was considered sensational at the time.
It also made history in two significant ways and, therefore, forms a valuable part of the chronology of capital punishment in Britain.
Thurtell was born on December 21st, 1794, the son of the then Mayor of Norwich. He seems to have been a fairly wealthy young man and was a gambler.
He had a grudge against a fellow gambler, solicitor William Weare, whom he accused of cheating him of £300 in a game of cards — a vast sum by the standards of the day — and to whom he now owed that amount.
The Murder at Radlett
Thurtell invited Weare to spend a weekend gambling with him and some friends at a cottage owned by fellow gambler William Probert at Radlett in Hertfordshire. They travelled up from London together in Thurtell’s gig on October 24th, 1823.
As they neared the cottage, Thurtell confronted Weare over his behaviour outside the Wagon and Horses Inn in Watling Street, Radlett.
He drew a pistol and fired its single shot at Weare’s face, the bullet glancing off his cheekbone as the gun had misfired.
As shooting had not worked, Thurtell set about the now-dazed Weare with a penknife and cut his throat. He also rammed the muzzle of the gun into Weare’s skull with maximum force, leaving blood, hair, and tissue in the barrel.
William Probert and another friend, Joseph Hunt, an actor, helped Thurtell dispose of Weare’s body.
Initially, they put it into a pond in the garden of Probert’s cottage but later, under cover of darkness, moved it and threw it into another pond in Elstree — hence why the newspapers dubbed this “The Elstree Murder.”
A labourer found the bloody knife and pistol by the cottage and took them to the authorities, and a murder investigation began.
As the owner of the cottage, Probert was the first to be questioned and, realising his predicament, turned King’s Evidence against Thurtell. He also implicated Hunt, who was soon arrested and led the police to the body.
The Assize Trial at Hertford
Thurtell and Hunt were taken into custody and came up for trial at the January sitting of the Hertford Assizes before Mr. Justice Park. Thurtell was charged with the murder of Weare and Hunt with being an accessory to it.
It was virtually impossible for them to get a fair trial for two reasons.
Firstly, their guilt was seen as self-evident by both the press and the public, to the extent that the judge remarked:
“If these statements of evidence before trial, which corrupt the purity of the administration of justice in its source, are not checked, I tremble for the fate of our country.”
The newspapers had shown great interest in Thurtell’s case, and every detail was lapped up by an eager public.
Secondly, this was to be the last trial in England conducted under the old 16th-century principles in which the accused had to defend himself against the prosecution — being allowed only to make a speech after the evidence against him had been heard and not being allowed to cross-examine the prosecution witnesses.
This was hardly conducive to a fair trial, and neither man was represented by counsel.
Thurtell made a lengthy and somewhat rambling address to the court in which he tried to shift the blame for the killing to Probert. He referred to his Christian upbringing and also made references, apparently, to Voltaire and Saint Paul, all of which failed to impress either the judge or the jury.
A witness for Thurtell said:
“I always thought him (Thurtell) a respectable man.”
Being asked by the judge what he meant by this, he replied:
“He kept a gig.”
Not surprisingly, this was not enough to save him, and it took the jury just 20 minutes to find both accused guilty.
Mr. Justice Park then sentenced them to death and ordered that Thurtell’s body be anatomised after execution, as was the norm at that time for murderers under the Murder Act of 1751.
Hunt’s sentence was commuted to transportation for life, and he was duly shipped to Australia’s Botany Bay, where he was to live for many years. Thurtell was returned to Hertford Prison to await execution.
It is noteworthy that even being an accessory to murder carried the death penalty in the 1820s.
The New Gallows Innovation
Hangings at Hertford were not frequent events even then. The previous one had occurred in August 1822, when Charles Lee was executed there for burglary. It was thus decided that a new gallows incorporating a proper drop should be built for Thurtell.
This design did away with the need for ladders and carts to get the prisoner suspended and was copied for several other prisons around the country, becoming effectively the standard pattern of its day. A very similar one was used at York Castle from the mid-1820s.
Construction began before the trial, so certain was everybody of the outcome. Mr. Nicholson, the Under-Sheriff of Hertfordshire, supervised the work, and the gallows consisted of a:
“temporary platform with a falling leaf (single trapdoor) supported by bolts which could be withdrawn in an instant,”
thus launching the criminal into eternity, as was the contemporary expression.
The substantial crossbeam was supported by two equally substantial uprights about eight feet high. The enclosure beneath the beam consisted of boards seven feet high and dovetailed into each other so there were no gaps through which the body could be viewed.
It was 30 feet long and 15 feet deep, with a short flight of steps up to the platform at the back leading directly from the prison door. The whole gallows was painted black and presented “a very gloomy appearance.”
The walls of the platform rose approximately two feet above the platform, so the bulk of the prisoner’s body was hidden from view after the drop. The outer enclosure was for the javelin men who stood guard at hangings to prevent escape or rescue attempts.
Public Execution at Hertford Gaol
James Foxen, the London hangman, arrived on the Thursday and made the usual preparations.
Thurtell dressed for the occasion and was described as being:
“elegantly attired in a brown great coat with a black velvet collar, light breeches and gaiters, and a fashionable waistcoat with gilt buttons.”
A little before 12 noon on Friday, the 9th of January 1824, Foxen pinioned Thurtell’s hands in front of him with handcuffs (unusual), and he was then led from his cell to the accompaniment of the tolling prison bell and the prison chaplain reading the burial service. A few moments earlier, he had confessed his guilt to the chaplain.
He mounted the five steps slowly but steadily and positioned himself on the trap. Here Foxen removed his cravat and loosened his collar. When Thurtell had finished praying, Foxen drew the white cotton cap over his head and placed the noose around his neck.
The Governor of Hertford Gaol and the Chief Warder both shook hands with him before Foxen adjusted the noose. Wilson said:
“Goodbye Mr. Thurtell, may God Almighty bless you,”
to which Thurtell replied:
“God bless you, Mr. Wilson, God bless you.”
At two minutes past midday, on the signal from Mr. Nicholson, the Under-Sheriff, Foxen drew the bolts and Thurtell dropped into the box-like structure with a crash.
It was reported that his neck broke “with a sound like a pistol shot,” but this is most unlikely, as he would certainly not have been given sufficient length of drop for this to occur under the standard short drop. It is probable that the reporter who made the statement confused it with the sound of the falling trapdoors.
However, by the standards of the day, Thurtell died easily and was not seen to struggle.
After hanging the customary hour, his body was taken down and sent to London for dissection in Surgeon’s Hall in accordance with the Murder Act of 1751. A waxwork of him was made and exhibited in Madame Tussauds.
The new gallows had been designed to be quickly dismantled and was taken back into the prison after the execution. It was judged a success and considerably sped up the process. It was to be used for a further 14 hangings up to 1838.
After that, there were no more public hangings in Hertfordshire, and it was to be 1876 before the next execution occurred — out of the public gaze and utilising William Marwood’s “long drop” method.
The concept of carrying out hangings at midday was quite common at this time, as it allowed more time for the public to assemble to watch the proceedings.
Postscript: The Fate of William Probert
William Probert, although escaping prosecution over Weare’s murder by turning King’s Evidence, was convicted of horse stealing the following year and was hanged by Foxen on the 20th of June 1825 outside Newgate with three other men.
Decades later, statutory dissection of murderers was abolished, but notable cases such as William Corder in 1828 and Jane Jameson in 1829 were still subjected to anatomical dissection under the same 1751 statute.
Frequently Asked Questions
Who was John Thurtell?
John Thurtell was a 29-year-old amateur boxer, gambler, and son of the Mayor of Norwich who was convicted and executed in 1824 for the murder of London solicitor William Weare in Radlett, Hertfordshire.
What was the “Elstree Murder”?
The “Elstree Murder” was the name given by contemporary newspapers to the brutal slaying of William Weare on 24 October 1823. After shooting and slitting Weare’s throat over gambling debts, Thurtell and his accomplices dumped the corpse into a pond at Elstree.
Why was John Thurtell’s trial legally historic?
Thurtell’s trial was the last major criminal proceeding in England conducted under ancient 16th-century legal rules, in which a felony defendant was prohibited from having defense counsel address the court or cross-examine prosecution witnesses.
What mechanical gallows innovation was introduced for Thurtell’s execution?
Hertford officials constructed a newly engineered “falling leaf” drop gallows with a concealed wooden box platform. This design eliminated the primitive need for carts or ladders, served as a prototype for scaffolds nationwide, and was used for 14 subsequent executions at Hertford.
Where and when was John Thurtell executed?
He was hanged outside Hertford Gaol at midday on Friday, 9 January 1824, by executioner James Foxen, after which his body was transported to Surgeons’ Hall in London for anatomical dissection.
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